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COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 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 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. 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 Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 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. e. 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. 3 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 0f 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii 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 At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by orfor i Any insured or ii 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 contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels 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 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. iii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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 others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed wunder any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operaton of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. 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 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 2 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 6. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 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. k. 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. I. 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. m. 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. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical 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. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. 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. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the 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. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. 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. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract o. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c 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 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. 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. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer 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 a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. lmpaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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. 2 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 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 b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
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 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. 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. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled 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. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 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. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
IL Al 4001 06 11 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT The Named Insured is amended to read as follows Jagenberg US Holding Inc. Kusters Zima Corporation Kampf WT LLC Hi Tech Environmental Verseidag Seemee U.S Inc. Survival Armor Inc. Kampf Machinery Corporation All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 IL Al 4001 06 11 | 2 |
CG AM 1003 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONFORMITY WITH STATUTE ENDORSEMENT This endorsement madifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Any terms of this policy that are in conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes if those statutes were in effect prior to the effective date of this policy. All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CG AM 1003 12 07 | 2 |
CG AM 1006 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE INCLUDING DEFENSE COSTS LIMITS OF INSURANCE REDUCED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Deductible 10000 Basis of Deductible X Per Occurrence Aggregate Deductible PerClaim 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. If no limitation is entered the deductibles apply to damages for all bodily injury property damage and personal and advertising injury however caused 1. Our obligation under this Coverage Part to pay damages on behalf of the insured applies only to the amount of damages and defense costs in excess of the Deductible shown in the Schedule as follows a. PER CLAIM BASIS. If the deductible indicated in the Schedule is on a per claim basis that deductible applies as follows 1 Under Coverage A Bodily Injury and Property Damage Liability of Section Coverages to all damages and defense costs because of all bodily injury and property damage sustained by any one person or organization as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from 2 bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. Under Coverage B Personal and Advertising Injury Liability of Section I Coverages to all damages and defense costs because of personal and advertising injury sustained by any one person or organization as the result of any one occurrence. b. PER OCCURRENCE BASIS. If the deductible indicated in the Schedule is on a per occurrence basis that deductible applies as follows Deductible 10000 Per Occurrence Per Claim THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 10f2 CG AM 1006 12 07 | 2 |
CG AM 1006 12 07 1 Under Coverage A Bodily Injury and Property Damage Liability of Section I Coverages to all damages and defense costs because of all bodily injury and property damage combined as the result of any one occurrence regardless of the number of persons or organizations who sustained damages because of that occurrence or 2 Under Coverage B Personal and Advertising Injury Liability of Section I Coverages to all damages and defense costs because of personal and advertising injury sustained by any one person or organization. The applicable limit of insurance shall be reduced by the application of the Deductible shown in the Schedule. The terms of this insurance including those with respect to a. Our right and duty to defend any suits seeking those damages and b. Your duties in the event of an occurrence offense claim or suit apply irrespective of the application of the deductible 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 deductible amount as has been paid by us. The Aggregate Deductible stated in the Schedule is the most you must reimburse us for the sum of all Deductible amounts during each consecutive annual period of this Coverage Part and to any remaining period of less than 12 months. If the Aggregate Deductible is exhausted the Deductible amount will not apply to any subsequent occurrences offenses claims or suits. In the event we recover all or part of any payment we have made under this Coverage Part from others we will apply the recovered amount in the following order a. First to reimburse us up to the amount we have paid for damages and defense costs and b. Last to reimburse you up to the amount you have paid to us within the Deductible amount.. As used in this endorsement defense costs means a. All expenses we incur including all reasonable expenses incurred by the insured at our Page 2 of 2 request in 1 Investigating an occurrence offense or claim 2 Settling a claim or defending a suit and 3 Pursuing rights of recovery against others. b. All costs taxed against the insured in any suit. c. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. 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. e. Prejudgment interest awarded against the insured on that part of the judgment that is within the applicable limit of insurance but not including any prejudgment interest based on any period of time after we have made an offer to pay the applicable limit of insurance. f. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. Defense costs do not include a. Your office expenses salaries and other expenses of your employees or general retainer fees of counsel retained by the insured or b. Our office expenses salaries and other expenses of our employees or fees of independent adjusters. All other terms and conditions remain unchanged. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. CG AM 1006 12 07 b. request in 1 Investigating an occurrence offense or claim 2 Settling a claim or defending a suit and 3 Pursuing rights of recovery against others. All costs taxed against the insured in any suit. c. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 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. Prejudgment interest awarded against the insured on that part of the judgment that is within the applicable limit of insurance but not including any prejudgment interest based on any period of time after we have made an offer to pay the applicable limit of insurance. 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. Defense costs do not include Your office expenses salaries and other expenses of your employees or general retainer fees of counsel retained by the insured or Our office expenses salaries and other expenses of our employees or fees of independent adjusters. All other terms and conditions remain unchanged. | 2 |
CG EX 1000 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form or to paragraph 2. Exclusions of Section Coverages Products Completed Operations Coverage Form or to paragraph 2. Exclusions of Section Coverages Bodily Injury and Property Damage of the Owners and Contractors Protective Liabiity Coverage Form or to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability of the Railroad Protective Liability Coverage Form This insurance does not apply to Asbestos Exclusion 1 Any bodily injury property damage or personal and advertising injury arising out of or caused by the actual alleged or threatened exposure at any time to an asbestos hazard or 2 Any loss cost or expense arising out of a Any claim or suit b Any request demand or order to test for monitor clean up remove dispose of encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or c Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing disposing of encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. The following definition is added to Section V Definitions Asbestos means the mineral in any form whether or not the asbestos was at any time 1 Airborne as a fiber particle or dust 2 Contained in or formed a part of a product structure or other real or personal property 3 Carried on clothing materials goods products or structures 4 Inhaled or ingested or 5 Transmitted by any other means. All other terms and conditions remain the same THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. apply to rising out of Page 1 of 1 CG EX 1000 12 07 | 2 |
CG EX 1001 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form or to paragraph 2. Exclusions of Section Coverages Products Completed Operations Coverage Form or to paragraph 2. Exclusions of Section Coverages Bodily Injury and Property Damage of the Owners and Contractors Protective Liabiity Coverage Form or to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability of the Railroad Protective Liability Coverage Form or to paragraph 2. Exclusions of Section Liquor Liability Coverage of the Liquor Liability Coverage Form This insurance does not apply to bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the suspected actual or alleged Manufacture of Distribution of Transportation of Sale of Resale of Re branding of Installation of Repair of Removal of Encapsulation of Abatement of Replacement of. Carried on clothing Pt i LI NN Handling of Storage of Ingestion of Absorption of Physical exposure to or. Testing for lead paint or other products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. provoOS3 In addition this exclusion applies to 1 The costs of clean up or removal of lead or products and materials containing lead The cost of such actions as may be necessary to monitor assess and evaluate the release or threat of release of lead or products and material containing lead The cost of disposal of lead substances or the taking of such other action that may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result The cost of compliance with any law or regulation regarding lead. The company does not have any obligation to defend adjust investigate or pay any cost for investigation defense adjustment or attorney fees which are excluded under the terms of this endorsement. Cl 4 All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CG EX 1001 12 07 | 2 |
CG EX 1003 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND AIRCRAFT GROUNDING HAZARDS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM This insurance does not apply to bodily injury property damage or personal and advertising injury andor any liability assumed under a contract or agreement arising out of aircraft products or the grounding of any aircraft. The following additional definitions are added to Section V Definitions Aircraft products means a. Any manufacture sale rental leasing handling distribution inspection maintenance servicing repair or rebuilding of Any aircraft including missiles satellites or spacecraft or ground control or ground support equipment used in connection with either 2 Any article part or spare part installed in aircraft or ground control or ground support equipment or used in connection with either and 3 Any other ground handling tools or equipment. b. Any plans specifications opinions drawings surveys designs blueprints recommendations suggestions orders or engineering or other advice relating to any article part or spare part installed in or used in connection with aircraft or ground control or ground support equipment including any other ground handling tools or equipment. c. Any training aids instructions and manuals relating to the operation inspection maintenance servicing repair or rebuilding of aircraft ground control or ground support equipment including any other ground handling tools or equipment. d. Any other goods products or services specifically intended for use in the manufacture repair service operation or maintenance of any aircraft or ground control or ground support equipment. e. Any labor or services relating to the manufacture sale rental leasing handling distribution inspection maintenance servicing repair or rebuilding of such aircraft articles parts or spare parts installed in or used in connection with any aircraft or ground control or ground support equipment. Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any article part or spare part which was manufactured sold rented by leased by handled by distributed by inspection by maintained by serviced by repaired by or rebuilt by the insured or any other person or organization according to the plans specifications drawings opinions surveys designs blueprints recommendations suggestions orders or engineering or other advice of the insured or with tools machinery or other equipment furnished to such persons or organizations by the insured whether such aircraft so withdrawn are owned or operated by the same or different persons or organizations. A grounding shall be deemed to commence on the date of an accident or occurrence which discloses such condition or on the date an aircraft is first withdrawn from service on account of such condition whichever occurs first. All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CG EX 1003 12 07 2 3 | 2 |
POLICY NUMBER GLD10691 06 POLICY NUMBER GLD10691 06 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Any Person or Organization for which the Named Insured is obligated to provide such coverage under a written contract. Locations Of Covered Operations Any Location for which the Named Insured is obligated to provide such coverage under a written contract. 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 organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ligated to provide such coverage under a CG 20100413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
POLICY NUMBER GLD10691 06 POLICY NUMBER GLD10691 06 COMMERCIAL GENERAL LIABILITY CG 20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You All properties leased by the Insured Name Of Persons Or Organizations Additional Insured All landlords of the properties leased by the Insured Additional Premium 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 2. If coverage provided to the additional insured include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. s leased by the Insured Il landlords of the properties leased by the Insured CG20110413 Insurance Services Office Inc. 2012 Page 1of 1 | 2 |
POLICY NUMBER GLD10691 06 POLICY NUMBER GLD10691 06 COMMERCIAL GENERAL LIABILITY CG 201504 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products All Vendors of the Insured s Products. All Products Manufactured Sold or Distributed by the Insured. 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 include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor 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 that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container CG 20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
Any failure to make 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 connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. 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 vendor or. 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 behalf. However this exclusion does not apply 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 wusual course of business in connection 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.. With respect to the insurance afforded to these vendors the following is added to Section Ill Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG 20150413 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PRODUCTS COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. This insurance does not apply to bodily injury or property damage included within the products completed operations hazard. CG 21041185 Copyright Insurance Services Office Inc. 1984 Page 1 of 1 | 2 |
POLICY NUMBER GLD10691 06 POLICY NUMBER GLD10691 06 COMMERCIAL GENERAL LIABILITY CG 21160413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. All Consultative Services Provided By The Insured Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. 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 or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2136 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW ENTITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3. of Section Il Who Is An Insured does not apply. CG 2136 03 05 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CG21411185 Copyright Insurance Services Office Inc. 1984 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 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 Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected 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. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected 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. Page1of1 O CG 21471207 ISO Properties Inc. 2006 | 2 |
COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Prop erty Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. 2 Any loss cost or expense arising out of any a Request demand order or statutory or b regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. CG 21490999 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 IS0 Properties Inc. 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 217506 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly out of a certified act of terrorism or out of an other act of terrorism that is committed out side of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will in clude all insured damage sustained by property of all persons and entities affected by the ter rorism and business interruption losses sus tained by owners or occupants of the damaged property. For the purpose of this provision in sured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the applica tion of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indi rectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terror ism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indi rectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terror ism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. Page1of2 O CG 217506 08 Insurance Services Office Inc. 2008 | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States re gardless of where the loss occurs or The premises of any United States mission and b c. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an indi vidual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a certified act of terrorism or an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. CG 21750608 o Page 2 of 2 Insurance Services Office Inc. 2008 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21870107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be come applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro visions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or Policy or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal gov ernment shares in subsequent pay ment of certified terrorism losses. or Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only ith respect to an incidents of terror m however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. CG 21870107 ISO Properties Inc. 2005 Page 10of 3 a | 2 |
3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or me chanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising i njury or environmental damage as may be defined in any applicable Coverage Part or Policy. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is ex ceeded we will include all insured damage sustained by property of all persons and enti ties affected by the terrorism and business in terruption losses sustained by owners or occu pants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insur ance plus damage that would be covered by any insurance but for the application of any ter rorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Page 2 of 3 ISO Properties Inc. 2005 CG 21870107 a | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. CG 21870107 ISO Properties Inc. 2005 Page 3 of 3 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 2196 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or sus pected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. CG 2196 03 05 IS0 Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22430413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. 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 or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. CG 22430413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
POLICY NUMBER GLD10691 06 POLICY NUMBER GLD10691 06 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization As required by written contract. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 24100798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCESS PROVISION VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART When you are added to a manufacturer s or distributor s policy as an additional insured because you are a vendor for such manufacturer s or distributor s products Paragraph 4. Other Insurance of Conditions Section IV is amended by the addition of the following The coverage afforded the insured under this Coverage Part will be excess over any valid and collectible insur ance available to the insured as an additional insured under a policy issued to a manufacturer or distributor for products manufactured sold handled or distributed. CG 24100798 Copyright Insurance Services Office Inc. 1997 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Definitions section is replaced by the following Insured contract means Paragraph f. does not include that part of any contract or agreement a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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. 2 CG 24260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and rec ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 o | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or 2 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily i jury resulting from the hazardous propertie of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material cial nuclear material or by product material. spe Page1of2 O IL 00 21 09 08 ISO Properties Inc. 2007 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. IL 00 21 09 08 m Page 2 of 2 ISO Properties Inc. 2007 | 2 |
IL 02 49 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH CAROLINA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of Cancellation Common Policy Condition are replaced by the following 2. We may cancel this policy by mailing or deliv ering to the first Named Insured and the agent if any written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s and agent s last known ad dresses. B. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of P Days Or More If this policy has been in effect for 120 days or more or is a renewal or continuation of a policy we issued we may cancel this policy only for one or more of the following reasons a. Nonpayment of premium ies In Effect For 120 b. Material misrepresentation of fact which if known to us would have caused us not to issue the policy c. Substantial change in the risk assumed except to the extent that we should rea sonably have foreseen the change or con templated the risk in writing the policy d. Substantial breaches of contractual duties conditions or warranties or e. Loss of our reinsurance covering all or a significant portion of the particular policy in sured or where continuation of the policy would imperil our solvency or place us in violation of the insurance laws of South Carolina. Prior to cancellation for reasons permitted in this Item e. we will notify the Commis sioner in writing at least 60 days prior to such cancellation and the Commissioner will within 30 days of such notification ap prove or disapprove such action. Any notice of cancellation will state the precise reason for cancellation. Page1of2 O IL 02 49 09 08 IS0 Properties Inc. 2007 | 2 |
C. The following is added and supersedes any provi sions to the contrary Nonrenewal 1. We will not refuse to renew a policy issued for a term of more than one year until expiration of its full term if anniversary renewal has been guaranteed by additional premium considera tion. 2. If we decide not to renew this policy we will a. Mail or deliver written notice of nonrenewal to the first Named Insured and agent if any before 1 The expiration date of this policy if the policy is written for a term of one year or less or 2 An anniversary date of this policy if the policy is written for a term of more than one year or for an indefinite term and b. Provide at least 1 60 days notice of nonrenewal when nonrenewal is to become effective be tween November 1 and May 31 or 2 90 days notice of nonrenewal when nonrenewal is to become effective be tween June 1 and October 31. 3. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s and agent s last known addresses. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Any notice of nonrenewal will state the precise reason for nonrenewal. IL 02 49 09 08 o Page 2 of 2 ISO Properties Inc. 2007 | 2 |
IL SU 4004 10 10 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name Address and E Mail Address of Other Persons Organizations As required by a written contract Number of Days Notice 30 If no entry appears above the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 1. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium we shall endeavor to mail e mail or deliver a copy of such written notice of cancellation to the persons or organizations shown in the Schedule above. II. A copy of the notice per paragraph I. above will be mailed e mailed or delivered 1. To the appropriate addresses corresponding to the persons or organizations shown in the Schedule above and 2. The number of days required for notice of cancellation as provided in paragraph A.2. of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. II1. Our failure to provide such advance notification to the persons or organizations shown in the Schedule of this endorsement will not extend any policy cancellation date nor negate any cancellation of the policy. All other terms and conditions of this policy remain unchanged. IL SU 4004 10 10 Page 1 of 1 | 2 |
IL AM 4001 10 11 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS In accordance with the laws regulations or resolutions of the United Nations the European Union any of its member states or the United States concerning economic and trade embargoes this policy is void from its inception with respect to any term or condition of this policy that violates any such laws regulations or resolution. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL AM 4001 10 11 | 2 |
IL P 0010104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treas ury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 916 | 2 |
FORMS SCHEDULE Named Insured LAYFIELD USA CORPORATION Policy Number EG 16396397 Effective 1201 AM November 1 2019 Form Number Endt. No. Form Name Edition Date AIGSIC Eagle Occurrence Declarations Page 94444 1113 AIGSIC Eagle Occurrence Policy 103124 0514 Notice of Loss Notice of Claim Cln41 0900 Gaining the Ultimate Value Added Advantage through 127135 1217 1 Minimum Earned Premium Endorsement 94277 0307 2 Condition Of Payment Endorsement 115766 0813 3 Add Ins Prim Non Cont End Own Les Contr Your Wrk 107427 1210 4 AddI Insd Vendors Primary And Non Contributory 103388 1009 5 Cov AB C and E Addl Insd Mgr Or Lessor Of Prem 95165 0707 6 Employee Benefits Liability Insurance Endorsement 103359 1009 7 Ltd Advice Of Canc To Entit Other Than The Nam Ins 109821 0911 8 Named Insured 94275 0307 9 NY Work Employer s Liab Labor Law Excl Endt 110443 0512 10 Pier Network Provider Deductible Reduction Endt 111726 0912 1 Sch Of Insured Propertyies For Cov D1 a. And b. 94287 0307 12 Waiver Of Trans Of Rights Of Rec Agnst Oth To Us 94283 0307 13 Cov A Designated Project Ded ATS Curtain MNSCPT 1015 14 Cov A Designated Project Ded Electron Flume MNSCPT 1015 15 Notice of Cancellation Designated Entity MNSCPT 1015 16 Blanket Non Owned Locations Endorsement 118228 0914 17 Terrorism Excl All Incl Cert Acts Of Terrorism 120003 1115 18 DISCLOSURE OF CONFIDENTIAL INFO EXCLUSION 127016 0817 19 Linking of Limits Endorsement MNSCPT 1018 20 Notice Of Canc Or Cov Reduction Desig Entity Endt 94293 0307 OND O A WN CIFMSC Cl10226 | 2 |
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act as amended that you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 1021 of the Act The term act of terrorism means any act or acts that are certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 THROUGH 2015 84 BEGINNING ON JANUARY 1 2016 83 BEGINNING ON JANUARY 1 2017 82 BEGINNING JANUARY 1 2018 81 BEGINNING JANUARY 1 2019 and 80 BEGINNING ON JANUARY 1 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERSO LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION YOUR COVERAGE MAY BE REDUCED. Coverage for Acts of Terrorism is not included in the policy referenced below as the insured has rejected the offer to purchase such insurance. AIG SPECIALTY INSURANCE COMPANY NAMED INSURED LAYFIELD USA CORPORATION POLICY EG 16396397 EFFECTIVE DATES 11012019 TO 11012020 BINDER WITH NO CERTIFIED ACT INSURANCE COVERAGE REJECTED BY INSURED 119545 0715 PAGE 1 0OF 1 CI1960 | 2 |
AIG SPECIALTY INSURANCE COMPANY A Capital Stock Company herein called the Company 175 Water Street New York NY 10038 COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY DECLARATIONS NOTICE COVERAGE D IS CLAIMS MADE PLEASE READ THE ENTIRE FORM CAREFULLY. POLICY NUMBER EG 16396397 RENEWAL OF 16396397 ITEM 1. NAMED INSURED LAYFIELD USA CORPORATION ADDRESS 10038 MARATHON PARKWAY LAKESIDE CA 92040 ITEM 2. ITEM 3. ITEM 4. ITEM 5. ITEM 6. PRODUCER LOCKTON COMPANIES LLC 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 POLICY PERIOD From November 1 2019 LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT Other Than Products Completed Operations PRODUCER NO 0000036877 To November 1 2020 At 1201 AM. Standard Time at the address of the Named Insured shown above. PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT EACH LOSS LIMIT Coverage D POLLUTION LEGAL LIABILITY EACH LOSS LIMIT Coverage E ADDITIONAL POLLUTION LEGAL LIABILITY DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT COVERAGE AND DEDUCTIBLES COVERAGE A COVERAGE B COVERAGE C COVERAGE D1 COVERAGE D2 COVERAGE E1 COVERAGE E2 COVERAGE E3 COVERAGE E4 FORMS OF BUSINESS Individual POLICY PREMIUM Partnership 76121 PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED Joint Venture 50000 0 0 50000 50000 50000 50000 50000 50000 2000000 2000000 1000000 1000000 1000000 1000000 1000000 25000 Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002 Not Applical ble Any One Per X Organization Other than Partnership or Joint Venture PRODUCER NO 0000036877 Any One Person 50000 0 0 50000 50000 50000 50000 50000 50000 Ve AUTHORIZED REPRESENTATIVE or countersignature in states where applicable Joity 2 4yl or countersignature in states where applicable 94444 1113 CI5368 NOTICE THIS INSURER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION | 2 |
AIG SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM COVERAGE D PROVIDES CLAIMS MADE AND REPORTED COVERAGE AND HAS REPORTING REQUIREMENTS DIFFERENT FROM THOSE FOR COVERAGES A B AND E. COVERAGE D REQUIRES THAT A CLAIM BE MADE UPON THE INSURED AND REPORTED IN WRITING TO US DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD IF ANY. PLEASE READ THE ENTIRE FORM CAREFULLY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. This Policy is issued in reliance upon the statements in the Application deemed to be annexed hereto. Throughout this Policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this Policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Defined terms other than headings appear in bold face type. Refer to SECTION VI DEFINITIONS. SECTION I 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 Ill LIMITS OF INSURANCE AND DEDUCTIBLE 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 medical expenses under Coverage C or loss under Coverages D or E. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and E. 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 and 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 Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized NOTICE THIS INSURER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION 103124 0514 Copyright American International Group Inc. 2013 CI5506 Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2004 Page 1 of 46 | 0 |
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 Il 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 Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 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. c. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable 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 Page 2 of 46 103124 0514 CI5506 | 1 |
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. d. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 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. f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 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. g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of Page 3 of 46 103124 0514 CI5506 | 1 |
any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is not being used to carry persons or property for a charge 3 An aircraft hired or chartered by or loaned to an insured with a paid crew but not owned by any insured 4 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 5 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 6 Bodily injury or property damage arising out 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 in the state where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in paragraph f.2 or f.3 of the definition of mobile equipment or 7 Bodily injury or property damage arising out of a The delivery of your product into a wrong receptacle or to a wrong address or b The erroneous delivery of your product for another product by any conveyance if under a or b the bodily injury or property damage occurs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service maintenance correction repair or replacement because of performance at the wrong address or because of any error defect or deficiency but which are otherwise completed will be deemed completed. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. 103124 0514 Page 4 of 46 CI5506 | 1 |
Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 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 lightning or explosion to premises including the contents of such premises rented to you for a period of 30 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE. 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. k. Damage to Your Product Property damage to your product arising out of it or any part of it. I. 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. m. 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. 103124 0514 Page 5 of 46 CI5506 | 1 |
n. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. p. 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. q. Nuclear Material and Radioacti ity jury or property damage arising from the radioactive toxic or explosive properties of nuclear or arising out of the actual alleged or threatened exposure of persons or property to any radioactive r. Asbestos 1 Bodily injury arising out of the presence ingestion or inhalation of or exposure to asbestos in any form or 2 Property damage arising out of the presence of or exposure to asbestos in any form. s. Lead 1 Bodily injury arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or 2 Property damage arising out of the presence of or exposure to lead in any form. t. Employment Related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or 103124 0514 Page 6 of 46 CI5506 | 1 |
c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of the 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 employment of that person 2 Whether the insured may be liable as an employer 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. Professional Services Bodily injury or property damage arising out of the rendering or failure to render any professional services. Punitive Damages Any punitive exemplary or the multiplied portion of multiple damages or any civil or administrative fines penalties or assessments except where such damages fines penalties or assessments are insurable by applicable law.. Criminal Fines Penalties and Assessments Any criminal fines criminal penalties or criminal assessments. Violation of Statutes in Connection with Sending Transmitting or Communicating any Material or Information Bodily injury or property damage arising out of or resulting from caused directly or indirectly in whole or in part by any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that includes addresses or applies to the sending transmitting or communicating of any material or information by any means whatsoever. Covered under Coverage D or E Any bodily injury or property damage covered or associated with a suit for which a defense is being provided under COVERAGE D POLLUTION LEGAL LIABILITY or COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY. Exclusions c. through n. do not apply to damage by fire lightning or explosion to premises while rented to or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE paragraph 6. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Insuring Agreement 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 Page 7 of 46 103124 0514 CI5506 | 1 |
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 Ill LIMITS OF INSURANCE AND DEDUCTIBLE 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 Coverage A or B medical expenses under Coverage C or loss under Coverages D or E. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B AND E. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to 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 of 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 Page 8 of 46 103124 0514 CI5506 | 1 |
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. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting 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 30. a. b. and c. of personal and adve under SECTION VI DEFINITIONS. g injury For the purpose 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 Personal and advertising injury arising out of any 1 Request demand or order 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 Page 9 of 46 103124 0514 CI5506 | 1 |
Personal and advertising injury arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. Nuclear Material and Radioactivity Personal and advertising injury arising from the radioactive toxic or explosive properties of nuclear material or arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter. Asbestos Personal and adverti asbestos in any form. ng injury arising out of the presence ingestion or inhalation of or exposure to Lead Personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form. Employment Related Practices Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of the 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 employment of that person 2 Whether the insured may be liable as an employer 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. Professional Services Personal and advertising injury arising out of the rendering or failure to render any professional services. Punitive Damages Any punitive exemplary or the multiplied portion of multiple damages or any civil or administrative fines penalties or assessments except where such damages fines penalties or assessments are insurable by applicable law. Page 10 of 46 103124 0514 CI5506 | 1 |
v. Criminal Fines Penalties and Assessments Any criminal fines criminal penalties or criminal assessments. Violation of Statutes in Connection with Sending Transmitting or Communicating any Material or Information Personal and advertising injury arising out of or resulting from caused directly or indirectly in whole or in part by any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that includes addresses or applies to the sending transmitting or communicating of any material or information by any means whatsoever. 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 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 service. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. 103124 0514 Page 11 of 46 CI5506 | 1 |
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. Athletics Acti es To a person injured while practicing instructing or participating in any physical exercises or games sports or athletics contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. COVERAGE D POLLUTION LEGAL LIABILITY 1. Insuring Agreements COVERAGE D1 a. THIRD PARTY CLAIMS FOR ON SITE BODILY INJURY OR PROPERTY DAMAGE We will pay loss that the insured becomes legally obligated to pay as a result of claims for bodily injury or property damage resulting from pollution conditions on or under the insured property while the person injured or property damaged is on the insured property and such pollution conditions did not first commence before the Retroactive Date if any shown in the Schedule of Insured Propertyies Endorsement provided the claim for bodily injury or property damage is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable. THIRD PARTY CLAIMS FOR OFF SITE BODILY INJURY PROPERTY DAMAGE OR CLEAN UP COSTS We will pay loss that the insured becomes legally obligated to pay as a result of claims for bodily injury property damage or clean up costs resulting from pollution conditions beyond the boundaries of the insured property that migrated from the insured property and did not first commence before the Retroactive Date if any shown in the Schedule of Insured Propertyies Endorsement provided the claim for bodily injury property damage or clean up costs is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable. THIRD PARTY CLAIMS FOR ON SITE AND OFF SITE BODILY INJURY PROPERTY DAMAGE OR CLEAN UP COSTS NON OWNED LOCATIONS We will pay loss that the insured becomes legally obligated to pay as a result of claims for i Clean up costs resulting from pollution conditions on or under the non owned location or bodily injury or property damage of parties other than a employees of the non owned location if the non owned location was used at any time for the handling storage disposal processing or treatment of waste or b the owners operators or contractors of the non owned location or ii For bodily injury property damage or clean up costs resulting from pollution conditions beyond the boundaries of the non owned location that migrated from the non owned location Page 12 of 46 103124 0514 CI5506 | 1 |
provided such pollution conditions did not first commence before the Retroactive Date shown in the Schedule of Non Owned Locations Endorsement if any and the claim for bodily injury property damage or clean up costs is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable. Under this Coverage D1 if a claim for loss is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable in accordance with SECTION IV CONDITIONS Paragraph 2. of this Policy all claims for loss arising from the same related or continuous pollution conditions which are first made against the insured and reported under a subsequent renewal Policy issued by us or any other subsidiary or affiliate of American International Group Inc. providing substantially the same coverage as this Policy shall be deemed to have been first made against the insured and reported to us during this policy period. Coverage under this Policy for such subsequent claims shall not apply however unless at the time such claims are first made and reported the insured has maintained with us or any other subsidiary or affiliate of American International Group Inc. Pollution Legal Liability coverage substantially the same as this coverage on a continuous uninterrupted basis since the first such claim was made against the insured and reported to us. COVERAGE D2 a. THIRD PARTY CLAIMS FOR ON SITE BODILY INJURY OR PROPERTY DAMAGE We will pay on behalf of the insured loss that the insured becomes legally obligated to pay as a result of claims for bodily injury or property damage resulting from pollution conditions on or under an insured property if such bodily injury or property damage takes place while the person injured or property damaged is on such insured property. b. THIRD PARTY CLAIMS FOR OFF SITE BODILY INJURY OR PROPERTY DAMAGE We will pay on behalf of the insured loss that the insured becomes legally obligated to pay as a result of claims for bodily injury or property damage resulting from pollution conditions beyond the boundaries of an insured property that migrated from such insured property. c. EMERGENCY RESPONSE COSTS We will pay emergency response costs resulting from pollution conditions on under or that migrated from an insured property. Emergency response costs must be first incurred by the insured and reported to us during the policy period. All of the following requirements must be satisfied for this coverage D2 paragraphs a. and b. to apply The bodily injury or property damage results from pollution conditions which pollution conditions first commence during the policy period 2 Such pollution conditions first commence at an identified time and place during the policy period 3 A responsible insured discovers the pollution conditions no later than ten 10 calendar days after its commencement 4 The insured reports the pollution conditions to us in writing no later than thirty 30 business days following its discovery by a responsible insured as described in Paragraph 3 above and in accordance with Section IV.2. of the Policy 5 Such pollution conditions do not originate or arise from or relate to an underground storage tank 6 Such pollution conditions are not i heat smoke or fumes from a hostile fire or i solely with respect to bodily injury 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 and 103124 0514 Page 13 of 46 CI5506 | 1 |
7 Such pollution conditions are not a continuation or repetition of another event. For this Coverage D2 paragraph c. to apply all of the following conditions must be satisfied 1 The insured must report the emergency response costs to us in writing and in accordance with Section IV.2. of the Policy and 2 Such pollution conditions must be unexpected and unintended from the standpoint of the insured. Under this Coverage D2 all claims for bodily injury or property damage whether or not such claim is first made against the insured during the policy period arising from the same related or continuous pollution conditions shall be subject to the terms conditions and limits of this Policy solely whether or not another policy has been issued by us or any other subsidiary or affiliate of American International Group Inc. In the event that a claim that is otherwise covered under Coverage D2 of this Policy is submitted by the insured to us or any other subsidiary or affiliate of American International Group Inc. under another policy of insurance and such claim is covered in whole or in part by us or any other subsidiary or affiliate of American International Group Inc. under such other policy of insurance coverage under Coverage D2 shall not apply. DEFENSE APPLICABLE TO COVERAGE D We will have the right and the duty to defend any claim covered under Coverage D1 and D2 whichever is applicable. Our duty to defend or continue defending any such claim and to pay any loss shall cease once the applicable limit of liability as described in SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE has been exhausted. Defense costs charges and expenses are included in loss reduce the applicable limit of insurance as described in SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE and are included within the COVERAGE D Deductible amount shown in ITEM 4. COVERAGE AND DEDUCTIBLES of the Declarations. We will present any settlement offers to the insured and if the insured refuses to consent to any settlement recommended by us and acceptable to the claimant our duty to defend the insured shall then cease and the insured shall thereafter negotiate or defend such claim independently of us and our liability shall not exceed the amount less the Deductible or any outstanding Deductible balance for which the claim could have been settled if our recommendation was consented to. 2. Exclusions Applicable to Coverage D This insurance does not apply to claims or loss a. Criminal Fines Penalties and Assessments Due to any criminal fines criminal penalties or criminal assessments. b. Contractual Liability Arising from liability of others assumed by the insured under any contract or agreement unless the liability of the insured would have attached in the absence of such contract or agreement or the contract or agreement is an insured contract. c. Transportation Arising out of the maintenance use operation or loading or unloading of any conveyance beyond the boundaries of the insured property. d. Intentional Noncompliance Arising from pollution conditions based upon or attributable to any responsible insured s intentional willful or deliberate noncompliance with any statute regulation ordinance administrative complaint notice of violation notice letter executive order or instruction of any governmental agency or body. 103124 0514 Page 14 of 46 CI5506 | 1 |
Internal Expenses For costs charges or expenses incurred by the insured for goods supplied or services performed by the staff or salaried employees of the insured or its parent subsidiary or affiliate except for emergency response costs or unless such costs charges or expenses are incurred with our prior written approval at our sole discretion. Insured vs. Insured By any insured against any other insured. This exclusion does not apply to claims initiated by third parties or claims that arise out of an indemnification given by you to another insured in an insured contract. Asbestos and Lead Arising from asbestos or any asbestos containing materials or lead based paint installed or applied in on or to any building or other structure. This exclusion shall not apply to claims for bodily injury property damage or to clean up costs for the remediation of soil and groundwater. Employer s Liability Arising from bodily injury to an employee of the insured arising out of and in the course of employment by the insured. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Prior Knowledge Non Disclosure Arising from pollution conditions existing prior to the inception date of this Policy and known by a responsible insured and not disclosed in the application for this Policy or any previous policy for which this Policy is a renewal thereof. Identified Underground Storage Tank Solely with respect to Coverage D1 arising from pollution conditions resulting from an underground storage tank whose existence is known by a responsible insured as of the inception date of the Policy and which is located on the insured property unless such underground storage tank is scheduled on the Policy by endorsement. War Arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. Nuclear Material Arising out of the radioactive toxic or explosive properties of nuclear material and for which the United States Department of Energy or any other government authority has indemnified the insured or for which the Price Anderson Act provides protection for the insured. COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY 1. Insuring Agreements COVERAGE E1 HOSTILE FIRE AND BUILDING EQUIPMENT We will pay those sums that the insured becomes legally obligated to pay as loss because of 1 Bodily injury 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 or 2 Bodily injury property damage or environmental damage caused by heat smoke or fumes from a hostile fire. Page 15 of 46 103124 0514 CI5506 | 1 |
COVERAGE E2 PRODUCTS POLLUTION AND EXPOSURE LIABILITY We will pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury property damage or environmental damage resulting from pollution conditions caused by your product and included in the products completed operations hazard. We will also pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury or property damage resulting from ingestion or inhalation of contact with or exposure to any fumes dust particles vapors liquids or other substances originating from your product and included in the products completed operations hazard. COVERAGE E3 CONTRACTORS POLLUTION LIABILITY We will pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury property damage or environmental damage resulting from pollution conditions caused by your work. COVERAGE E4 TRANSPORTED CARGO We will pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury property damage or environmental damage resulting from pollution conditions caused by an occurrence during the transportation of cargo. COVERAGE E EMERGENCY RESPONSE COSTS We will pay emergency response costs resulting from pollution conditions caused by a heat smoke or fumes from a hostile fire provided Coverage E1 is purchased b your product provided Coverage E2 is purchased c your work provided Coverage E3 is purchased or d an occurrence during the transportation of cargo provided Coverage E4 is purchased. Emergency response costs must be first incurred by the insured and reported to us during the policy period. The insured must report the emergency response costs to us in witing and in accordance with Section IV.2. of the Policy and such pollution conditions must be unexpected and unintended from the standpoint of the insured. Each of the following paragraphs is applicable to Coverages E1 through E4 a. We will have the right and duty to defend the insured to the extent applicable under each coverage of Section E1 through E4 against any suit seeking damages for bodily injury property damage or environmental damage. However we will have no duty to defend the insured against any suit seeking those damages to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION Ill LIMITS OF INSURANCE AND DEDUCTIBLE 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 medical expenses under Coverage C or loss under Coverages D or E. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and E. This insurance applies to bodily injury property damage or environmental damage only if 1 The bodily injury property damage or environmental damage is caused by an occurrence that takes place in the coverage territory and 2 The bodily injury property damage or environmental damage occurs during the policy period and Page 16 of 46 103124 0514 CI5506 | 1 |
3 Prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury property damage or environmental 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 property damage or environmental damage occurred then any continuation change or resumption of such bodily injury property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury property damage or environmental 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 Il 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 property damage or environmental damage after the end of the policy period. Bodily injury property damage or environmental damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury property damage or environmental damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury property damage or environmental damage or 3 Becomes aware by any other means that bodily injury property damage or environmental damage has occurred or has begun to occur. All bodily injury property damage or environmental damage caused by continuous or repeated exposure to substantially the same general harmful conditions or substances which results in progressive indivisible bodily injury property damage or environmental damage over a period of days weeks months or longer shall be deemed to have occurred solely on the date of first exposure to such conditions or substances. If the date of first exposure is before the inception date of the first Commercial General Liability and Pollution Legal Liability policy we issue to you or the date of first exposure can not be determined and the bodily injury property damage or environmental damage continues during this policy period then the date of first exposure will be deemed to have occurred only on the inception date of the first Commercial General Liability and Pollution Legal Liability policy we issue to you. 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 property damage or environmental damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury property damage environmental damage or emergency response costs 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 103124 0514 Page 17 of 46 CI5506 | 1 |
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 property damage or environmental damage occurs or the emergency response costs are incurred subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of 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. 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. Aircraft Auto or Watercraft Bodily injury property damage environmental damage or emergency response costs 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 ury property damage environmental damage or emergency response costs involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to Coverage E4 except with respect to bodily injury property damage environmental damage or emergency response costs arising from the transportation of cargo by a third party carrier a that is not caused by an occurrence arising from the insured s negligence and b that involves Page 18 of 46 103124 0514 CI5506 | 1 |
1 The delivery of any cargo into a wrong receptacle or to a wrong address or 2 The erroneous delivery of one type of cargo for another if under 1 or 2 the bodily injury property damage or environmental damage occurs or the emergency response costs are incurred after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service maintenance correction repair or replacement because of performance at the wrong address or because of any error defect or deficiency but which are otherwise completed will be deemed completed. f. War Bodily injury property damage environmental damage or emergency response costs arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. g. Damage to Property Property damage or environmental damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage or environmental 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 or environmental 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. 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 or environmental damage included in the products completed operations hazard. h. Damage to Your Product Property damage or environmental damage to your product arising out of it or any part of it. i. Damage to Your Work Property damage or environmental damage to your work arising out of it or any part of it and included in the products completed operations hazard. 103124 0514 Page 19 of 46 CI5506 | 1 |
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 or environmental damage to impaired property or property that has not been physically injured arising out of 1 Adefect 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. k. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. I. 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. m. Nuclear Material and Radioactivity 1 Bodily injury property damage environmental damage or emergency response costs arising from the radioactive toxic or explosive properties of nuclear material and for which the United States Department of Energy or any other governmental authority has indemnified the insured or for which the Price Anderson Act provides protection for the insured or 2 Bodily injury property damage environmental damage or emergency response costs arising out of i your product and ii the actual alleged or threatened exposure of persons or property to any radioactive matter. n. Asbestos Solely with respect to Coverages E1 and E2 1 Bodily injury arising out of the presence ingestion or inhalation of or exposure to asbestos in any form or 103124 0514 Page 20 of 46 CI5506 Page 20 of 46 | 1 |
2 Property damage arising out of the presence of or exposure to asbestos in any form. o. Lead Solely with respect to Coverages E1 and E2 1 Bodily injury arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or 2 Property damage arising out of the presence of or exposure to lead in any form. p. Internal Expenses Costs charges or expenses incurred by the insured for goods supplied or services performed by the staff or salaried employees of the insured or its parent subsidiary or affiliate except for emergency response costs or unless such costs charges or expenses are incurred with our prior written approval at our sole discretion. q. Criminal Fines Penalties and Assessments Any criminal fines criminal penalties or criminal assessments. r. Damage to Conveyance Property damage to any conveyance utilized during the transportation of cargo. This exclusion does not apply to a claim made by a third party carrier for such property damage to their conveyance arising from the insured s negligence. s. Third Party Carrier Loss incurred by a third party carrier for bodily injury property damage environmental damage or emergency response costs. This exclusion does not apply to an occurrence arising from the insured s negligence. t. Facilities or Maintenance Operations Solely with respect to Coverage E3 bodily injury property damage environmental damage or emergency response costs arising from facilites operated by you or on your behalf including associated maintenance operations. u. Non Owned Site Disposal Bodily injury property damage environmental damage or emergency response costs arising from the final disposal of material andor substances of any type including but not limited to any waste at any site or location which is not owned leased or rented by you including loading or unloading at such site or location. However this exclusion does not apply to bodily injury property damage environmental damage or emergency response costs arising from unloading operations that are performed during the policy period at such site or location. SUPPLEMENTARY PAYMENTS COVERAGES A B and E 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend under Coverages A B and E a. All expenses we incur. b. Up to 1000 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. 103124 0514 Page 21 of 46 CI5506 | 1 |
The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. All costs taxed against the insured in the suit. However these payments do not include attorney s fees or attorney s expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 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. 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exit between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of the indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the 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 c 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 Page 22 of 46 103124 0514 CI5506 | 1 |
necessary litigation expenses incurred by us in connection with such defense 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 COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or paragraph 2.b. 2 of SECTION COVERAGES COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY such payments will not be deemed to be damages for bodily injury and property damage and under Coverage E environmental 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. b. We have used up the applicable limit of insurance in the payment of judgments or settlements or The conditions set forth above or the terms of the agreement described in paragraph 2f. above are no longer met. SECTION Il WHO IS AN INSURED Applicable to Coverages A B C and E Each of the following is an insured under Coverages A B C and E 1. If you are designated in the Declarations as a. e. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are 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 b For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1a above or c Arising out of his or her providing or failing to provide professional health care services except as respects any physician dentist nurse emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business of providing such services. 103124 0514 Page 23 of 46 CI5506 | 1 |
2 Property damage or environmental damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Policy. e. Any subsidiary associated affiliated or allied company or corporation including subsidiaries thereof of which you have more than 50 ownership interest as of the inception date of this Policy. 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 a until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b provided that you give us written notification within 180 days of the date of such acquisition or formation or before the end of the policy period whichever is earlier and c an additional premium to be charged at our discretion determined by the rates utilized at policy inception is paid when due b. Coverages A and E do not apply to bodily injury property damage environmental damage or emergency response costs 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. Any person or organization other than a third party carrier with whom you agreed to include as an insured because of a written contract written agreement or permit but only with respect to bodily injury property damage environmental damage emergency response costs or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf arising out of your operations your work equipment or premises leased rented or owned by you or your products which are distributed or sold in the regular course of a vendor s business however As respects vendors this insurance does not apply to a. Bodily injury property damage environmental damage or emergency response costs for which the vendor 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 that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you Page 24 of 46 103124 0514 CI5506 | 1 |
c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e. Any failure to make 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 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 connection with the sale of the product 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 vendor or h. Bodily injury property damage environmental damage or emergency response costs 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 behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. above 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 connection with the distribution or sale of the products. As respects a manager or lessor of premises a lessor of leased equipment or a mortgagee assignee or receiver this insurance does not apply to a Any occurrence which takes place after the equipment lease expires or you cease to be a tenant. b Structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor of premises or mortgagee assignee or receiver. 5. Any person or organization that has at least a 50 controlling interest in you but only with respect to bodily injury property damage environmental damage emergency response costs or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf arising out of their financial control of you. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company unless a current or past partnership joint venture or limited liability company is an insured pursuant to paragraphs 1. through 5. above. Applicable to Coverage D Each of the following is an insured under Coverage D The Named Insured designated in the declarations and any past or present director officer partner member or employee thereof while acting within the scope of his or her duties as such and any customer with whom you have agreed in writing to include prior to a claim being made or loss being incurred with respect to such customer as an insured for loss arising from your storage handling treatment processing or disposal of their product or waste on any insured property. SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE 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 103124 0514 Page 25 of 46 CI5506 Page 25 of 46 | 1 |
b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard c. Damages under Coverage B d. Loss under Coverage D and e. Loss under Coverage E except damages because of bodily injury property damage environmental damage or emergency response costs included in the products completed operations hazard. The General Aggregate Limit shall apply separately to occurrences and loss on or at a single location owned or rented by you and separately as to each other operation or project away from locations owned or rented by you. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverages A E2 and E3 for damages because of bodily injury property damage environmental damage or emergency response costs included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to 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 lightning or explosion while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. 8. Subject to 2. above the Each Loss Limit Applicable to Coverage D is the most we will pay for loss under Coverage D for all loss because of bodily injury property damage clean up costs and emergency response costs arising out of the same related or continuous pollution conditions. 9. Subject to 2. or 3. above whichever applies the Each Loss Limit Applicable to Coverage E is the most we will pay for loss because of all bodily injury property damage environmental damage and emergency response costs arising out of any one occurrence. 10. The Limits of Insurance apply in excess of the Deductible amounts shown in Item 4. of the Declarations. The Deductible amount applies as follows a. Under Coverage D to all loss arising out of a pollution condition or the same related or continuous pollution conditions. Page 26 of 46 103124 0514 CI5506 | 1 |
b. Under Coverage A or E to all damages because of bodily injury property damage environmental damage or emergency response costs as the result of any occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. We may pay any part or all of the deductible amount to effect settlement of any claim or loss and upon notification you shall promptly reimburse us for such part of the Deductible. Subject to SECTION IV CONDITIONS Paragraph 15. Multiple Coverages if the same claim or occurrence results in coverage under more than one Coverage of this Policy only the highest Deductible under all coverages applicable to the claim or occurrence shall apply. 11. The Limits of Insurance of this Policy apply to the entire policy period. If the policy period is extended after issuance for an additional period the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or that of the insured s estate will not relieve us of our obligations under this Policy. 2. Duties in the Event of Occurrence Offense Claim Suit or Emergency Response Costs Applicable to Coverages A B C and E a. When an occurrence or offense is known to i you if you are an individual i a partner if you are a partnership i a member if you are a limited liability company or iv an executive officer or risk manager if you are a corporation you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. However this requirement will not be considered breached unless the breach occurs after such claim or suit is known to i you if you are an individual ii a partner if you are a partnership i a member if you are a limited liability company or iv an executive officer or risk manager if you are a corporation. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or setlement of the claim or defense against the suit and Page 27 of 46 103124 0514 CI5506 | 1 |
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 or emergency response costs without our consent. All Notices shall be made in writing and addressed to AIG Claims P.0. Box 305904 Nashville TN 37230 5904 866 260 0104 SeverityFNOLaig.com or other address we substitute in writing. Applicable to Coverage D a. In the event of a claim the insured shall notify us as soon as practicable but in any event during the policy period or during the extended reporting period if applicable. The insured shall furnish information at our request. When a claim has been made the insured shall forward the following to us as soon as practicable 1 All reasonably obtainable information with respect to the time place and circumstances thereof and the names and addresses of the claimants and available witnesses 2 All demands summonses notices or other process or papers filed with a court of law administrative agency or an investigative body and 3 Other information in the possession of the insured or its hired experts which we reasonably deem necessary. In the event of pollution conditions the insured shall give written notice of such pollution conditions a with respect to Coverage D1 as soon as practicable and b with respect to Coverage D2 no later than thirty 30 business days following the discovery of such pollution conditions by a responsible insured. Notice under all coverages shall include at a minimum information sufficient to identify the Named Insured the insured property the names of persons with knowledge of the pollution conditions and all known and reasonably obtainable information regarding the time place cause nature of and other circumstances of the pollution conditions. The insured must cooperate with us and offer all reasonable assistance in the investigation and defense of claims. We may require that the insured submit to examination under oath and attend hearings depositions and ftrials. In the course of investigation or defense we may require written statements or the insured s attendance at meetings with us. The insured must assist us in effecting settlement securing and providing evidence and obtaining the attendance of witnesses. All notices under this Section shall be made in writing and addressed to AIG Claims P.0. Box 305904 Nashville TN 37230 5904 Fax 866 260 0104 Email SeverityFNOLaig.com or other address we substitute in writing. Page 28 of 46 103124 0514 CI5506 | 1 |
e. No insured shall voluntarily enter into any settlement or make any payment or assume any obligation unless in response to an emergency or pursuant to environmental laws that require immediate remediation of pollution conditions without our consent which shall not be unreasonably withheld except at the insured s own cost. Applicable to Emergency Response Costs under Coverages D2and E When emergency response costs have been incurred the insured shall forward to us as soon as practicable all information including but not limited to the cause commencement and location of the pollution conditions technical reports laboratory data field notes expert reports investigations data collected invoices regulatory correspondence or any other documents relating to such emergency response costs. Applicable to All Coverages Failure to timely notify us of an occurrence or an offense which may result in a claim or to timely notify us of a claim or suit shall not automatically invalidate coverage under this Policy provided however that all of the following conditions are met a. Timely notice must have been inadvertently provided to another insurer and b. Notice must be provided to us as soon as possible once you become aware that such notice was inadvertently provided to another insurer and c. Such subsequent notice to us must not in our sole discretion i materially prejudice our defense or claims handling of any claim or suit or ii materially increase our costs for any claim or suit. Solely as respects Coverage D in any event notice must be provided to us during the policy period or during the extended reporting period if applicable. 3. Legal Action Against Us Applicable to Coverages A B C and E No person or organization has a right under this Policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed setlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Applicable to Coverages D No third party action shall lie against us unless as a condition precedent thereto there shall have been full compliance with all of the terms of this Policy nor until the amount of the insured s obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured the claimant and us. Any person or organization or the legal representative thereof who 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 right under this Policy to join us as a party to any action against the insured to determine the insured s liability nor shall we be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured s estate shall not relieve us of any of our obligations hereunder. Page 29 of 46 103124 0514 CI5506 | 1 |
4. Other Insurance Applicable to Coverages A B and E If other valid and collectible insurance is available to the insured for damages or loss we cover under Coverages A B or E of this Policy 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. However regardless of whether b. below applies in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agreed to insure and such person or organization is an insured under this policy we will not seek contributions from any such other insurance issued to such person or organization. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b Thatis Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c Thatis 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 damages or loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Coverage A. 2 Any other insurance available to you covering liability for damages arising out of the premises or 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 Coverage A B or E 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 damages or loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the damages or 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 damages or 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 Policy. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this 103124 0514 Page 30 of 46 CI5506 | 1 |
each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the damages or 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. Applicable to Coverage D You shall promptly upon our request provide us with copies of all policies potentially applicable to loss covered by Coverage D. If other valid and collectible insurance is available to the insured for loss covered under the terms and conditions of Coverage D our obligation to the insured shall be as follows a. This insurance is primary and our obligations are not affected unless any of the other insurance is also primary. In that case we will share with all such other insurance by the method described in Subparagraph b. below. b. 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. Representations By accepting this Policy you agree a. The statements in the Declarations and application for this Policy are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this Policy in reliance upon your representations and d. This Policy embodies all agreements existing between the insured and us or any of our agents relating to this insurance. Except with respect to coverage provided by SECTION COVERAGES COVERAGE D POLLUTION LEGAL LIABILITY if you unintentionally fail to disclose to us prior to the inception date all existing hazards at the inception date of this Policy we shall not deny coverage under the applicable Coverage section because of such unintentional failure. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned 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. Solely with respect to Coverage D this condition shall not apply to an insured that is a parent subsidiary or affiliate of you. Transfer of Rights of Recovery Against Others to Us Applicable to Coverages A B C and E Page 31 of 46 103124 0514 CI5506 | 1 |
If the insured has rights to recover all or part of any payment we have made under this Policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Applicable to Coverage D In the event of any payment under this Policy we shall be subrogated to all the insured s rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights including without limitation assignment of the insured s rights against any person or organization who caused pollution conditions on account of which we made any payment under this Policy. The insured shall do nothing to prejudice our rights under this paragraph subsequent to loss. Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under this Policy shall accrue first to the insured to the extent of any payments in excess of the limit of coverage then to us to the extent of our payment under the Policy and then to the Insured to the extent of its Deductible. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party s share in the recovery bears to the total recovery. 8. When We Do Not Renew If we decide not to renew this Policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 9. Cancellation This Policy may be cancelled by the first Named Insured by surrender thereof to us or any of our authorized agents or by mailing to us witten notice stating when thereafter the cancellation shall be effective. This Policy may be cancelled by us only for the reasons stated below by mailing to the first Named Insured at the mailing address shown in the Declarations written notice stating when not less than sixty 60 days ten 10 days for nonpayment of premium thereafter such cancellation shall be effective. Proof of mailing of such notice shall be sufficient proof of notice. a. Material misrepresentation by the insured b. The insured s failure to comply with the material terms conditions or contractual obligations under this Policy including failure to pay any premium or Deductible when due c. A change in operations at an insured property during the policy period which materially increases a risk covered under this Policy. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the first Named Insured or by us shall be equivalent to mailing. If the first Named Insured cancels earned premium shall be computed in accordance with the customary short rate table and procedure. If we cancel earned premium shall be computed pro rata. Premium adjustment may be either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. 10. Sole Agent The Named Insured first listed in Item 1. of the Declarations shall act on behalf of all other insureds if any for the payment or return of premium receipt and acceptance of any endorsement issued to form a part of this Policy giving and receiving notice of cancellation or nonrenewal and the exercise of the rights provided in SECTION V EXTENDED REPORTING PERIOD COVERAGE D. 11. Assignment 103124 0514 Page 32 of 46 CI5506 Page 32 of 46 | 1 |
12. 13. 14. 15. This Policy may not be assigned without our prior written consent. Assignment of interest under this Policy shall not bind us until our consent is endorsed thereon. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop us from asserting any rights under the terms of this Policy nor shall the terms of this Policy be waived or changed except by endorsement issued to form a part of this Policy. Independent Counsel Applicable to Coverages A B D and E In the event the insured is entitled by law to select independent counsel to oversee our defense of a suit or claim at our expense the attorney fees and all other litigation expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the claim or suit arose or is being defended. Additionally we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending claims or suits similar to the one pending against the insured and to require such counsel to have errors and omissions insurance coverage. As respects any such counsel the insured agrees that counsel will timely respond to our requests for information regarding the claim or suit. Furthermore the insured may at any time by the insured s signed consent freely and fully waive these rights to select independent counsel. Service of Suit It is agreed that in the event of failure of us to pay any amount claimed to be due hereunder we at the request of the insured will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon General Counsel Legal Department AIG Specialty Insurance Company 175 Water Street New York NY 10038 or his or her representative and that in any suit instituted against us upon this contract we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further pursuant to any statute of any state territory or district of the United States which makes provision therefore we hereby designate the Superintendent Commissioner Director of Insurance or other officer specified for that purpose in the statute or his or her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the above named Counsel as the person to whom the said officer authorized to mail such process or a true copy thereof. Multiple Coverages Any loss claim or suit or part thereof arising out of the same event which may be alleged as covered under any of the Coverages A B C D1 D2 or E shall not be subject to coverage under such Coverage parts if we have accepted coverage provided a defense or coverage has been held to apply for any other loss claims or suits or part thereof arising out of the same event under any of the other Coverages A B C D1 D2 or E of this Policy. This condition does not apply to any claim for medical expenses under Coverage C caused by bodily injury which is covered under Coverage A or Coverage E. Page 33 of 46 103124 0514 CI5506 | 1 |
16. Our Rights and Your Duties in the Event of Pollution Conditions Applicable to Coverages D and E We shall have the right but not the duty to clean up or mitigate pollution conditions upon receiving notice as provided in Section IV.2. of this Policy. Any sums expended in taking such action by us will be deemed incurred or expended by the insured and shall be applied against the limits of coverage and deductible under this Policy. You shall have the duty to clean up or mitigate pollution conditions to the extent required by environmental laws by retaining competent professionals or contractors mutually acceptable to you and us. We shall have the right but not the duty to review and approve all aspects of any such clean up. You shall notify us of actions and measures taken pursuant to this paragraph. 17. Right of Access and Inspection To the extent the insured has such rights our authorized representatives shall have the right and opportunity but not the obligation to interview persons employed by the insured and to inspect at any reasonable time during the policy period or thereafter the insured property. Neither we nor our representatives shall assume any responsibility or duty to the insured or to any other party person or entity by reason of such right or inspection. Neither our right to make inspections sample and monitor nor the actual undertaking thereof nor any report thereon shall constitute an undertaking on behalf of the insured or others to determine or warrant that property or operations are safe healthful or conform to acceptable engineering practices or are in compliance with any law rule or regulation. You agree to provide appropriate personnel to assist our representatives during any inspection. 18. Access to Information Applicable to Coverages D and E You agree to provide to us with access to any information developed or discovered by the insured concerning loss covered under this Policy whether or not deemed by the insured to be relevant to such loss and to provide us access to interview any insured and review any documents of the insured. 19. Concealment or Fraud Applicable to Coverage D Coverage D shall be void if whether before or after clean up costs are incurred or a claim is first made you have willfully concealed or misrepresented any fact or circumstance material to the granting of such coverage the description of the insured property or the interest of the insured therein. SECTION V EXTENDED REPORTING PERIOD COVERAGE D You shall be entiled to an automatic extended reporting period as described in paragraph A. below and with certain exceptions as described in Paragraph B. below be entitled to purchase an optional extended reporting period for Coverage D upon termination of coverage as defined in Paragraph B.3. of this Section. If you renew this policy you shall be entitled to a renewal extended reporting period as described in paragraph C. below. Neither the automatic the optional nor the renewal extended reporting period shall reinstate or increase any of the limits of liability of this Policy. A. Automatic Extended Reporting Period Provided i that you have not renewed this policy or purchased any other insurance to replace this insurance which applies to a claim otherwise covered hereunder and ii you have not purchased the optional extended reporting period available under Paragraph B. below you shall have the right to the following a period of sixty 60 days following the effective date of such termination of coverage in which to provide written notice to us of claims first made against an insured during the policy period. A claim first made against an insured during the policy period and reported within the automatic extended reporting period will be deemed to have been made on the last day of the policy period provided that the claim arises from pollution conditions that first commenced before the end of the policy period and is otherwise covered by this Policy. No part of the automatic extended reporting period shall apply if the optional extended reporting period is purchased. Page 34 of 46 103124 0514 CI5506 | 1 |
B. Optional Extended Reporting Period You shall be entitted to purchase an optional extended reporting period upon termination of coverage as defined herein except in the event of nonpayment of premium and provided you have not renewed this policy or purchased any other insurance to replace this insurance as follows 1. A claim first made against an insured and reported within the optional extended reporting period if purchased in accordance with the provisions contained in Paragraph 2. below will be deemed to have been made on the last day of the policy period provided that the claim arises from pollution conditions that first commenced before the end of the policy period and is otherwise covered by this Policy. 2. We shall issue an endorsement providing an optional extended reporting period of up to forty 40 months from termination of coverage hereunder for all insured properties and non owned locations if applicable or any specific insured property or non owned location provided that you a make a written request for such endorsement to us which is received within thirty 30 days after termination of coverage as defined herein and b pay the additional premium when due. If that additional premium is paid when due the extended reporting period may not be cancelled provided that all other terms and conditions of the Policy are met. 3. Termination of coverage occurs at the time of cancellation or nonrenewal of this Policy by you or us or at the time of our deletion of a location which previously was an insured property or non owned location. 4. The optional extended reporting period is available to you for not more than 200 of the full Policy premium stated in the Declarations. Renewal Extended Reporting Period Provided that you have renewed this policy you shall have the right to the following a period of sixty 60 days following the expiration of the policy period in which to provide written notice to us of claims first made against an insured within sixty 60 days prior to the expiration of the policy period. A claim first made against an insured within sixty 60 days prior to the expiration of the policy period and reported within the renewal extended reporting period will be deemed to have been made on the last day of the policy period of this Policy. SECTION VI 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 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 a A. land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Page 35 of 46 103124 0514 CI5506 | 1 |
b Any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury physical injury sickness disease mental anguish shock or emotional distress sustained by any person including death resulting from any of these at any time. 4. Cargo means the insured s goods products or wastes transported by the insured or by third party carriers properly licensed to transport such goods products or wastes. 5. Claim means Applicable to Coverages Aor B A written demand received by the insured alleging liability or responsibility on the part of the insured. Applicable to Coverage D or E A written demand seeking a remedy or alleging liability or responsibility on the part of the insured for loss. 6. Certified industrial hygienist means a licensed professional as established by the American Board of Industrial Hygiene mutually agreed upon by you and us. We may also exercise the right to require that such certified industrial hygienist have certain minimum qualifications with respect to their competency including experience with similar microbial matter remediation. 7. Clean up costs means reasonable and necessary expenses including legal expenses incurred with our written consent which consent shall not be unreasonably withheld or delayed for the investigation removal abatement or remediation including associated monitoring or disposal of soil surfacewater groundwater microbial matter legionella pneumophila or other contamination a. To the extent required by environmental laws or b. With respect to microbial matter in the absence of an applicable environmental law to the extent recommended in writing by a certified industrial hygienist or a registered occupational hygienist or registered occupational hygiene technologist c. That have been actually incurred by the government or any political subdivision of the United States of America or any state thereof or Canada or any province thereof or by third parties or d. With respect to legionella pneumophila in the absence of an applicable environmental law to the extent required in writing by the United States Center for Disease Control or Public Health Agency of Canada or local health department. Clean up costs also include restoration costs. 8. Conveyance means any auto railcar train watercraft or aircraft used in the transportation of cargo. A conveyance does not include pipelines. 9. Coverage territory means Applicable to Coverages A B and C a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or 103124 0514 Page 36 of 46 CI5506 | 1 |
c. All other parts of the world if the injury or damages arises out of 1 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 2 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication Provided that with respect to 1 and 2 above 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 setlement we agree to. 3 Goods or products made or sold by you in the territory described in a. above but a This insurance does not serve to satisfy any requirement in any country that requires the purchase of locally admitted insurance and b With respect to claims or suits instituted in courts in other than the territory described in a. above we shall have the right but not the duty to i Defend any such suit or Make such investigation negotiation and setlement of any such claim or suit as we deem expedient. You under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary for any claim or suit which we elect not to investigate settle or defend. Subject to prior authorization by us you will effect to the extent possible such settlements as we and you deem prudent. We will reimburse you for the cost of any such investigation settlement or defense in currency of the United States of America at the rate of exchange prevailing on the date of payment. c We assume no responsibility for furnishing certificates or evidence of insurance or bonds in any country in which we are not an admitted or authorized insurer. d We will not be liable for any fine or penalty imposed on you for i Your failing to insure in an admitted or authorized insurer or Any other failure of yours to comply with an insurance law of a county state province territory or possession in which we are not an admitted or authorized insurer. Applicable to Coverage D The United States of America including its territories and possessions and Canada. Applicable to Coverage E a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above and further 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 c. All other parts of the world if the injury or damages arises out of goods or products made or sold by you in the territory described in a. above but 1 This insurance does not serve to satisfy any requirement in any country that requires the purchase of locally admitted insurance and 103124 0514 Page 37 of 46 CI5506 Page 37 of 46 | 1 |
2 With respect to claims or suits instituted in courts in other than the territory described in a. above we shall have the right but not the duty to i Defend any such suit or ii Make such investigation negotiation and settlement of any such claim or suit as we deem expedient. You under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary for any claim or suit which we elect not to investigate settle or defend. Subject to prior authorization by us you will effect to the extent possible such settlements as we and you deem prudent. We will reimburse you for the cost of any such investigation settlement or defense in currency of the United States of America at the rate of exchange prevailing on the date of payment. 3 We assume no responsibility for furnishing certificates or evidence of insurance or bonds in any country in which we are not an admitted or authorized insurer. 4 We will not be liable for any fine or penalty imposed on you for i Your failing to insure in an admitted or authorized insurer or ii Any other failure of yours to comply with an insurance law of a county state province territory or possession in which we are not an admitted or authorized insurer. 10. Emergency response costs means reasonable and necessary expenses including legal expenses incurred with our written consent which consent shall not be unreasonably withheld or delayed incurred by you or third parties to respond to pollution conditions that necessitate immediate action and are incurred within seventy two 72 hours of the first commencement of such pollution conditions or as pre approved by us in writing. 11. Employee includes a leased worker. Employee does not include a temporary worker except with respect to Coverage D1 c. wherein employee includes a temporary worker. 12. Environmental Damage means Applicable to Coverages E1 E2 and E4 Physical damage to soil surfacewater or groundwater caused by pollution conditions and giving rise to clean up costs. Applicable to Coverage E3 a. Physical damage to soil surfacewater or groundwater caused by pollution conditions and giving rise to clean up costs and b. Solely with respect to microbial matter physical damage to buildings or other structures caused by pollution conditions and giving rise to clean up costs. Environmental damage does not include property damage. 13. Environmental laws means any federal state provincial 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. 14. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 15. Extended reporting period means either the automatic additional period of time or the optional additional period of time or the renewal period of time whichever is applicable in which to report claims following termination of coverage as described in SECTION V EXTENDED REPORTING PERIOD of this Policy. 103124 0514 Page 38 of 46 CI5506 | 1 |
16. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 17. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. b. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. b. The repair replacement adjustment or removal of your product or your work or Your fulfiling the terms of the contract or agreement. 18. Insured contract means Applicable to Coverages A and E a. A contract for a lease of premises. However that portion of the contract for a lease of premises in excess of thirty 30 consecutive days that indemnifies any person or organization for damage by fire lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or environmental 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 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for any injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1a and b above and supervisory inspection architectural or engineering services. Applicable to Coverage D A written contract or agreement with your customer that indemnifies them for loss arising from your storage 103124 0514 Page 39 of 46 CI5506 | 1 |
19. 21. handling treatment processing or disposal of their product or waste on any insured property or any other written contract or agreement submitted to and approved by us and listed on an endorsement to this Policy. Insured property means Applicable to Coverage D1 Each of the locations identified in the Schedule of Insured Propertyies Endorsement attached to and made a part of this policy. Applicable to Coverage D2 A premise located in the coverage territory during the time that such premise is owned occupied rented or leased by the insured during the policy period.. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft railcar watercraft or auto b. While it is in or on an aircraft railcar watercraft or auto or c. While itis being moved from an aircraft railcar watercraft or auto to the place where it is finally delivered but solely with respect to Coverages A B and C 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 railcar watercraft or auto.. 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.. Loss means Applicable to Coverage D1 a. Monetary awards or settlements of compensatory damages where allowable by law punitive exemplary or multiple damage and civil fines penalties or assessments for bodily injury or property damage b. Costs charges and expenses incurred in the defense investigation or adjustment of claims for such compensatory damages or punitive exemplary or multiple damages and civil fines penalties or assessments or for clean up costs c. Clean up costs or d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. Applicable to Coverage D2 a. Monetary awards or settlements of compensatory damages where allowable by law punitive exemplary or multiple damage and civil fines penalties or assessments for bodily injury or property damage Page 40 of 46 103124 0514 CI5506 | 1 |
24. Costs charges and expenses incurred in the defense investigation or adjustment of claims for such compensatory damages or punitive exemplary or multiple damages and civil fines penalties or assessments Emergency response costs or All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. Applicable to Coverage E a. b. c. Monetary awards or settlements of compensatory damages where allowable by law punitive exemplary or multiple damage and civil fines penalties or assessments for bodily injury property damage or environmental damage Clean up costs or Emergency response costs. Microbial matter means fungi mold or mildew whether or not such microbial matter is living.. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b.. 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 f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the 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 Page 41 of 46 103124 0514 CI5506 | 1 |
2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressor 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. 26. 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. 27. Non owned location means each of the locations identified in the Schedule of Non Owned Locationss Endorsement attached to and made a part of this Policy. 28. Nuclear material means source material special nuclear material or by product material which have the meanings given them in the Atomic Energy Act. 29. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 30. 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 g. Infringing upon another s copyright trade dress or slogan in your advertisement or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person provided such discrimination or humiliation 1 is done without the direction knowledge or consent of i any insured or ii any executive officer director officer stockholder partner or member of any insured and 2 is not directly or indirectly related to employment former or prospective employment termination of employment or application for employment of any person or persons by any insured. 31. 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. 103124 0514 Page 42 of 46 CI5506 | 1 |
Pollutants shall include Microbial Matter and legionella pneumophila. 32. Pollution conditions means the discharge dispersal release or escape of pollutants into or upon land or any structure on land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered. 33. Products completed operations hazard a. b. Includes all bodily injury property damage or environmental 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 c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury property damage or environmental damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials. 34. Professional services means those architectural engineering consulting land surveying or landscape architecture services that are performed for a fee by you or on your behalf. Professional services does not include a. b. Services for or associated with the management or operation of any facility by you or on your behalf. Any evaluation consultation opinion or advice given by you or others for whom you are legally liable in connection with your product or Any actual construction erection demolition dismantling assembly fabrication installation or remediation services performed by you or on your behalf including the means methods techniques sequences and procedures employed in the performance of those operations by you or on your behalf. 35. Property damage means Applicable to Coverages A and B 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 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. Page 43 of 46 103124 0514 CI5506 | 1 |
36. 37. Applicable to Coverage D1a. and D2a. a. Physical injury to or destruction of tangible property other than tangible property owned or rented by or in the care custody or control of the insured including the resulting loss of use but not diminution in value thereof b. Loss of use but not diminution in value of tangible property other than tangible property owned or rented by or in the care custody or control of the insured that has not been physically injured or destroyed or c. Natural Resource Damage. Applicable to Coverage D1. b and c. and Coverage D2b. a. Physical injury to or destruction of tangible property other than tangible property owned or rented by or in the care custody or control of the insured including the resulting loss of use and diminution in value thereof b. Loss of use but not diminution in value of tangible property other than tangible property owned or rented by or in the care custody or control of the insured that has not been physically injured or destroyed or c. Natural Resource Damage. Applicable to Coverage E a. Except with respect to Coverage E4 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 or c. Solely with respect to coverage E4 physical injury to tangible property including the resulting loss of use and diminution in value thereof. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or d. Natural Resource Damage. In no event under this Policy shall property damage include clean up costs or environmental damage. For the purpose 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. Registered occupational hygienist and registered occupational hygiene technologist means a licensed professional as established by the Canadian Registration Board of Occupational Hygienist mutually agreed upon by you and us. We may also exercise the right to require that such registered occupational hygienist and registered occupational hygiene technologist have certain minimum qualifications with respect to their competency including experience with similar microbial matter remediation. Responsible insured means your manager or supervisor responsible for environmental affairs control or compliance or any manager of the insured property or any of your officers directors or partners.. Restoration costs means reasonable and necessary costs incurred by the insured with our written consent which consent shall not be unreasonably withheld or delayed to repair replace or restore real or personal property that is damaged during work performed in the course of incurring clean up costs whether or not such property is also damaged by pollution conditions to substantially the same condition it was in prior to being damaged during work performed in the course of incurring clean up costs. Restoration costs do not include costs associated with improvements or betterments. Page 44 of 46 103124 0514 CI5506 | 1 |
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