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39. Suit means a civil proceeding in which damages because of bodily injury property damage environmental damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages or clean up costs 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 or clean up costs are claimed and to which the insured submits with our consent. 40. 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. 41. Transportation means the movement of cargo beyond the boundaries of premises owned rented leased or occupied by you by a conveyance while in due course of transit from the time of movement from its point of origin until its delivery to its final destination including loading or unloading onto or from the conveyance. Transportation does not include cargo off loaded from the conveyance or cargo in or on a conveyance at rest for a period longer than seven 7 days prior to reaching its final destination. 42. Underground Storage Tank means any tank that has at least ten 10 percent of its volume below ground in existence at the inception date of the policy or installed thereafter including associated underground piping connected to the tank. 43. 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. 44. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 45. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and Page 45 of 46 103124 0514 CI5506 | 1 |
b. The providing of or failure to provide warnings or instructions. The remainder of this page has been intentionally left blank. Policy Signature Page shall immediately follow. Page 46 of 46 103124 0514 CI5506 | 1 |
POLICY SIGNATURE PAGE This Policy Signature Page forms a part of Policy No EG 16396397 IN WITNESS WHEREOF the Insurer has caused this policy to be signed by its President Secretary and Authorized Representative. Vs President AIG Specialty Insurance Company Az Secretary AIG Specialty Insurance Company This Policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insurer either below or on the Declarations page of the Policy. e Authorized Representative 86697 1113 Cl5428 | 2 |
AIG NOTICE OF LOSS NOTICE OF CLAIM INSTRUCTIONS PLEASE ATTACH ALL CORRESPONDENCE RELATING TO THIS NOTICE OF LOSS AND MAIL COPIES OF THIS NOTICE TO THE ADDRESS BELOW AIG Claims P.O. Box 305904 Nashville TN 37230 5904 Fax 866 260 0104 Email SeverityFNOLaig.com Date of Notice NAMED INSURED LAYFIELD USA CORPORATION ADDRESS OF INSURED 10038 MARATHON PARKWAY LAKESIDE CA 92040 TELEPHONE CONTACT BROKER NAME LOCKTON COMPANIES LLC GRACE HAGEMAN BROKER ADDRESS 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 TELEPHONE CONTACT POLICY INFORMATION Policy Number EG 16396397 Policy Period From November 1 2019 To November 1 2020 Loss Information Loss Location Date Description of Loss For AIG Use Only Date Claim Notice Received Date of Claim Company Person Filing Suit if applicable NOTE Any person who knowingly files a Statement of Claim containing any false or misleading information is subject to criminal and civil penalties. CI1141 0900 To November 1 2020 | 2 |
Gaining the Ultimate Value Added Advantage through AIG Environmental It is our goal to enhance the coverage of every environmental insurance policy by providing insureds exclusive access to market leading tools and programs to help manage risk mitigate environmental losses conduct loss control and optimize emergency response PIER Pollution Incident and Environmental Response Policyholders have access to a nationwide network of pre screened emergency response contractors environmental specialists or crisis management firms who respond in a timely manner to environmental incidents at pre negotiated rates thus helping insureds to minimize or mitigate losses associated with such incidents. Environmental insurance policyholders are automatically enrolled in this program. We have the right resources to help you respond to an environmental incident eall 1 877 PIER NOW 743 7669 and speak with a representative or access our PIER mobile website at www.aig.compier from your mobile device. Claims Expertise Our environmental claims operation with 60 claims specialists is the largest in the industry. The depth and breadth of our operation means we can devote expertise to environmental claims of all types. Report your claim by sending a fax to 866 260 0104 emailing SeverityFNOLaig.com or log onto our PIER mobile website at www.aig.compier open the Claims accordion click on Claims Form and follow the instructions. skTool Advantage RiskTool Advantage provides a unique web based system that provides clients with access to training best practices and more to help improve risk management. The complimentary web based system provides the ability to implement a company wide training program for environmental health and safety best pr actices create customized training videos using a smartphone or iPad and upload them into RiskTool Advantage for use choose from a video library of over 100 titles many available in languages other than English use mobile app to log into account remotely for access to training courses and videos Register for RiskTool Advantage by contacting a risk consulting representative. Transportation Loss Control We provide a number of transportation related loss control programs for insureds that reinforce positive driving behavior and potential improvements in loss reduction. These programs include driver monitoring and mock Department of Transportation audits. To learn more contact environmentalaig.com AIG Environmental is committed to the achievement of effective risk management objectives for clients as well as providing them access to incident response assistance with a pollution release event. 127135 1217 Cl16103 | 2 |
ENDORSEMENT NO. 1 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that in the event of cancellation by the Insured the minimum earned premium for this Policy will be 19030. All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94277 307 PAGE 1 0OF 1 CI3015 94277 307 CI3015 | 2 |
ENDORSEMENT No. 2 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITION OF PAYMENT ENDORSEMENT We shall not be deemed to provide cover and we shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose us our parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. All other terms conditions and exclusions shall remain the same. e Authorized Representative or countersignature in states where applicable 115766 0813 CI5431 PAGE 1 OF 1 | 2 |
ENDORSEMENT NO. 3 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY ENDORSEMENT OWNERS LESSEES OR CONTRACTORS YOUR WORK This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY SCHEDULE Name of Additional Insured Persons or Organizations WHERE REQUIRED BY WRITTEN CONTRACT Locations of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT I. Solely as respects COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY and COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY SECTION Il WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage personal and advertising injury or environmental damage arising out of your work for the additional insureds by or for you at the locations designated above. Il. As respects the coverage afforded the additional insureds scheduled above this insurance is primary and non contributory and our obligations are not affected by any other insurance carried by such additional insureds whether primary excess contingent or on any other basis. All other terms conditions and exclusions shall remain the same. Y. UTHORIZED REPRESENTATIVE or countersignature in states where applicable 107427 1210 PAGE 1 0OF 1 Cl4835 107427 1210 Cl4835 | 2 |
ENDORSEMENT NO. 4 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS ENDORSEMENT PRIMARY AND NON CONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE Name of Persons or Organizations Vendor WHERE REQUIRED BY WRITTEN CONTRACT Your Products ALL PRODUCTS OF THE NAMED VENDOR Solely as respects Coverages A E1 E2 and E3 if applicable SECTION Il WHO IS AN INSURED is amended to include as an insured any persons or organizations referred to herein as the vendor shown in the Schedule above but only with respect to bodily injury property damage environmental damage or emergency response costs arising out of your products shown in the Schedule above which are distributed or sold in the regular course of the vendor s business subject to all of the terms and conditions of this Policy and the additional following exclusions terms and conditions 1. The insurance afforded the vendor 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 Any express warranty unauthorized by you Any physical or chemical change in your product made intentionally by the vendor 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 103388 1009 Cl4401 PAGE 1 OF 2 | 2 |
ENDORSEMENT NO. 4 Continued 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 your product f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of your product g. Your product which after distribution or sale by you has 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 your product. This insurance does not apply to any products you have acquired from a vendor or any ingredient part or container entering into accompanying or containing such products. Solely with respect to the coverage afforded to the vendor pursuant to this Endorsement SECTION IV CONDITIONS paragraph 4. Other Insurance is deleted in its entirety and replaced with the following 4. Other Insurance This insurance is primary and non contributory and our obligations are not affected by any other insurance carried by such vendor whether primary excess contingent or on any other basis. All other terms conditions and exclusions shall remain the same. 7 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 103388 1009 PAGE 2 OF 2 Cl4401 103388 1009 Cl4401 | 2 |
ENDORSEMENT NO. 5 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGES A B C AND E ADDITIONAL INSURED MANAGER OR LESSOR OF PREMISES ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE 1. Designation of Premises Part Leased to You WHERE REQUIRED BY WRITTEN CONTRACT 2. Name of Manager or Lessor WHERE REQUIRED BY WRITTEN CONTRACT Solely as respects Coverages A B C and E SECTION Il WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule above 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 above 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 manager or lessor shown in the Schedule above. All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 95165 707 PAGE 1 0OF 1 CI3129 95165 707 CI3129 | 2 |
ENDORSEMENT NO. 6 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows I. The following is added to SECTION COVERAGES COVERAGE EMPLOYEE BENEFITS LIABILITY LIMITS OF INSURANCE 1000000 Each Wrongful Act or Series of Related Wrongful Acts 1000000 Each Annual Aggregate DEDUCTIBLE 1000 Each Wrongful Act or Series of Related Wrongful Acts A. INSURING AGREEMENT We will pay those sums which the insured becomes legally obligated to pay as damages because of any claims against the insured due to any wrongful act of the insured or any other person for whose acts the insured is legally liable in the administration of the insured s employee benefits program as defined in Section VIII. of this endorsement. This insurance applies only if a claim for damages covered by this endorsement is first made against the insured during the policy period or if purchased the optional extended reporting period we provide under Section VL. of this endorsement. We have the right and duty to defend any suit against the insured seeking those damages even if any of the allegations of the suit are groundless false or fraudulent and we may make such investigation and settlement of any claim or suit as we deem expedient. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. B. EXCLUSIONS This endorsement does not apply to 1. Any dishonest fraudulent criminal or malicious act libel slander discrimination or humiliation 2. Bodily injury or to injury to or destruction of any tangible property including the loss of use thereof 103359 1009 Cl4374 PAGE 10OF 5 | 2 |
ENDORSEMENT NO. 6 Continued 3. Any claim for failure of performance of contract by an insurer 4. Any claim based upon the insured s failure to comply with any law concerning workmen s compensation unemployment insurance social security or disability benefits 5. Any claim based upon a. failure of any investments including but not limited to stock to perform as represented by an insured or b. advice given by an insured to an employee to participate in any investment plan including but not limited to stock subscription plans. 6. Any sums which the insured shall become legally obligated to pay as loss because of any breach of fiduciary duty or because of any breach of fiduciary duty by any person for which the insured is legally responsible and arising out of the insured s activity as a fiduciary of any plan covered by this endorsement. 7. Any claim made against the insured based on or attributable to any failure or omission on the part of the insured to effect and maintain insurance or bonding for plan property or assets. 8. Damages arising out of wrongful termination of employment discrimination or other employment related practices. 1. For the purposes of coverage provided by this endorsement A. All references to SUPPLEMENTARY PAYMENTS COVERAGES A B and E are replaced by SUPPLEMENTARY PAYMENTS COVERAGES A B E and EMPLOYEE BENEFITS LIABILITY. B. Paragraphs 1.b. and 2. of the SUPPLEMENTARY PAYMENTS provision do not apply and are deleted in their entirety with regard to this endorsement. IIl. For the purposes of the coverage provided by this endorsement SECTION IIl LIMITS OF INSURANCE AND DEDUCTIBLE is deleted in its entirety and replaced by the following 1. LIMITS OF INSURANCE a. The Limits of Insurance shown in this endorsement and the rules below fix the most we will pay regardless of the number of i Insureds ii Claims made or suits brought iii Persons or organizations making claims or bringing suits iv Wrongful acts or v Benefits included in your employee benefits program. b. The Annual Aggregate Limit is the most we will pay for all damages because of wrongful acts committed in the administration of your employee benefits program. 103359 1009 Cl4374 PAGE 2 OF 5 | 2 |
ENDORSEMENT NO. 6 Continued c. Subject to the annual aggregate limit the Each Wrongful Act or Series of Related Wrongful acts Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of a wrongful act or series of related wrongful acts. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefits program. The Limits of Insurance of this endorsement 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. 2. DEDUCTIBLE a. The deductible amount shown in this endorsement shall be subtracted from the total amount of all sums which we are obligated to pay or incur on behalf of the insured for each wrongful act. The limits of insurance shall not be reduced by the amount of this deductible. b. The terms of this insurance including those with respect to notice of claim or suit and our right to investigate and negotiate any such claim or suit apply irrespective of the application of the deductible amount. IV. For the purposes of the coverage provided by this endorsement Paragraph 2. of SECTION IV CONDITIONS is deleted in its entirety and replaced by the following 2. Duties in the Event of a Wrongful Act or Claim or Suit a. You must see to it that we are notified as soon as practicable of a wrongful act which may result in a claim. To the extent possible notice should include i What the wrongful act was and when it occurred and ii The names and addresses of anyone who may suffer damages as a result of the wrongful act. b. If a claim is made or suit is brought against any insured you must i Immediately record the specifics of the claim or suit and the date received and i 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 i Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit i Authorize us to obtain records and other information iii Cooperate with us in the investigation or setlement of the claim or defense against the suit and iv 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 a wrongful act to which this insurance may also apply. 103359 1009 Cl4374 PAGE 3 OF 5 | 2 |
ENDORSEMENT NO. 6 Continued d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. V. For the purposes of the coverage provided by this endorsement the following condition is added to SECTION IV CONDITIONS CONFORMITY WITH STATUTE Terms of this endorsement which are in conflict with the statute of the state wherein this endorsement is issued are hereby amended to conform to such statutes. VI. For the purposes of the coverage provided by this endorsement the following optional extended reporting provision is added to the policy OPTIONAL EXTENDED REPORTING ENDORSEMENT The coverage under the Employee Benefits Liability Insurance Endorsement may end because one of us chooses to cancel it or not renew it. If this is not the result of non payment of the premium you have the right to buy a reporting endorsement. It extends the time to report covered claims. The claim must first be made against an insured and reported to us within 3 years after the Employee Benefits Liability Insurance Endorsement ends and while the reporting endorsement is in effect. To obtain this reporting endorsement you must request it in writing and pay the additional premium within 60 days after this endorsement ends. If we do not receive written notice and payment within this period you may not exercise this right at a later date. This additional premium will not exceed 200 of the annual premium for the Employee Benefits Liability Insurance Endorsement. Once you pay the premium we can not cancel the endorsement. The optional Extended Reporting Endorsement does not reinstate or increase the Limits of Liability applicable to any claim to which the Employee Benefits Liability Insurance Endorsement applies. VII. Solely as respects coverage provided by this endorsement Definitions 5. 11. and 39. in SECTION VI DEFINITIONS are deleted in their entirety and replaced by the following 5. Claim means any demand or suit made by an employee or an employees s dependents or beneficiaries for damages as the result of a wrongful act. 11. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. 39. Suit means a civil proceeding in which damages because of a wrongful act 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. VIII. For the purposes of the coverage provided by this endorsement the following definitions are added to SECTION VI DEFINITIONS Administration means 1. Giving counsel to employees with respect to the employee benefits program 103359 1009 PAGE 40OF 5 Cl4374 PAGE 4 OF 5 | 2 |
ENDORSEMENT NO. 6 Continued Interpreting the employee benefits program Handling of records in connection with the employee benefits program Effecting continuing or terminating any employees participation in any benefit included in the employee benefits program. Breach of fiduciary duty means the violation of any of the responsibilities obligations of duties imposed upon fiduciaries by the Employee Retirement Income Security Act of 1974 or amendments thereto with respect to any plan covered by this endorsement. Employee benefits program means group life insurance group accident or health insurance profit sharing plans pension plans stock subscription plans workmen s compensation unemployment insurance social security benefits disability benefits tuition assistance plans leave of absence programs including military family and civil leave and any other similar employee benefits instituted after the effective date of this endorsement provided we are notified within thirty 30 days after the institution of such benefits. Insured means 1. 2. The Named Insured If the Named Insured is a partnership or joint venture any partner or member thereof but only with respect to their liability as such Any executive officer director or stockholder of the Named Insured while acting within the scope of their duties as such Any employee provided such employee is authorized to act in the administration of the Named Insured s employee benefits program. Wrongful Act means any actual or alleged negligent act error or omission in the administration of the employee benefits program. All other terms conditions and exclusions shall remain the same. 7 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 103359 1009 PAGE 5 OF 5 Cl4a374 103359 1009 Cl4374 | 2 |
ENDORSEMENT NO. 7 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the following is added to SECTION IV CONDITIONS In the event that we cancel this Policy for any reason other than non payment of premium and 1. the cancellation effective date is prior to this Policy s expiration date 2. you are under an existing contractual obligation to notify a certificate holder when this Policy is canceled hereinafter the Certificate Holders and have provided to us either directly or through your broker of record the email address of a contact at each such entity and 3. we received this information after you received notice of cancellation of this Policy and prior to this Policy s cancellation effective date via an electronic spreadsheet that is acceptable to us we will provide advice of cancellation the Advice via e mail to each such Certificate Holders within 30 days after you provide such information to us. Proof of our emailing the Advice using the information provided by you will serve as proof that we have fully satisfied our obligations under this Endorsement. This Endorsement does not affect in any way coverage provided under this Policy or the cancellation of this Policy or the effective date thereof nor shall this Endorsement invest any rights in any entity not insured under this Policy. All other terms conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 109821911 PAGE 1 0OF 1 C15040 109821911 CI5040 | 2 |
ENDORSEMENT NO. 8 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the following are added to Item 1. Named Insured of the Declarations Layfield Environmental Systems Corporation LESC Layfield Plastics Incorporated LPI All other terms conditions and exclusions shall remain the same. A AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94275 307 CI3013 Page 1 of 1 | 2 |
ENDORSEMENT NO. 9 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK WORK EMPLOYER S LIABILITY AND LABOR LAW EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM Solely with respect to operations or work performed within the State of New York including but not limited to your work performed therein it is hereby agreed as follows 1. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY paragraph 2. Exclusions exclusion e. Employer s Liability is deleted in its entirety and replaced with the following e. Employer s Liability Bodily injury to m An employee of any 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. 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies m 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 and 3 To any insured including but not limited to an additional insured and 4 To any and all statutory contractual or tort liability including but not limited to liability assumed in an insured contract. nan nan nan nan 3.0 nan nan nan 4.0 110443 0512 ClI5187 PAGE 1of 2 | 2 |
ENDORSEMENT NO. 9 Continued 2. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY paragraph 2. Exclusions is amended by the addition of the following New York Labor Law 200 240 241 andor 241 a Any claim loss liability damages suit or obligation based upon arising from or in any way related to a violation or an alleged violation of 1 New York Labor Law 200 240 241 andor 241 a andor 2 New York Industrial Code Rule No. 23 12 NYCRR 23 irrespective of whether the alleged violation is by an insured or non insured person or entity. All other terms conditions and exclusions shall remain the same. e AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 110443 0512 PAGE 2 of 2 Cl15187 110443 0512 ClI5187 | 2 |
ENDORSEMENT NO. 10 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PIER NETWORK PROVIDER DEDUCTIBLE REDUCTION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that 1. The following is added to SECTION IlI LIMITS OF INSURANCE AND DEDUCTIBLE Paragraph 10. If the Named Insured utilizes a PIER network provider in response to an incident which results in emergency response costs and such emergency response costs are incurred by a PIER network provider the Named Insured s Deductible obligation shall be reduced by 50 subject to a maximum reduction of 25000 and such reduced Deductible amount shall apply among all the coverage sections applicable to the loss. In order for this Deductible reduction to apply the Named Insured must provide proof of use of a PIER network provider including at a minimum a copy of the executed written contract between the PIER network provider and the Named Insured and a copy of the invoices for such services which have been rendered under the aforementioned executed written contract in response to emergency response costs. This provision does not alter the Insured s reporting obligations under SECTION IV CONDITIONS Paragraph 2. of the Policy. The following is added to SECTION VI DEFINITIONS PIER network provider means an environmental or emergency response contractor that is a member of our PIER Pollution Incident and Environmental Response program. All other terms conditions and exclusions shall remain the same. P 5 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 111726 0912 CI5237 PAGE 10OF 1 | 2 |
ENDORSEMENT NO. 11 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF INSURED PROPERTYIES FOR COVERAGES D 1 a. AND b. ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE It is hereby agreed that COVERAGE D1 a. THIRD PARTY CLAIMS FOR ON SITE BODILY INJURY OR PROPERTY DAMAGE AND OR COVERAGE D1 b. THIRD PARTY CLAIMS FOR OFF SITE BODILY INJURY PROPERTY DAMAGE OR CLEAN UP COSTS applies to the following insured propertyies if designated by an x in the COVERAGE section below with applicable Retroactive Dates as shown COVERAGE RETROACTIVE D1a. D1b. DATES X X 11012013 LUVERAGE REIF INSURED PROPERTYIES D1a. D1b. D 1 10038 Marathon Parkway X X Lakeside CA 92040 18417 72nd Ave South X X 1 All other terms conditions and exclusions shall remain the same. Kent WA 98057 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 11012013 94287 307 CI3025 Page 1 of 1 | 2 |
ENDORSEMENT NO. 12 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows SECTION IV CONDITIONS Paragraph 7. Transfer of Rights of Recovery Against Others to Us Applicable to Coverages A B C and E is amended by the addition of the following at the end of such subparagraph We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make under Coverage A B C and E 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 below. SCHEDULE Name of Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94283 307 PAGE 1 0OF 1 Cl13021 94283 307 CI3021 | 2 |
ENDORSEMENT NO.13 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COVERAGE A DESIGNATED PROJECT DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the deductible amount shown in Item 4. COVERAGE AND DEDUCTIBLES of the Declarations is amended to 25000 per occurrence applicable to Coverage A and solely with respect to damages because of bodily injury or property damage arising out of the Designated Projects shown in the Schedule below. SCHEDULE OF DESIGNATED PROJECTS ATS Curtain Replacement project as per Subcontract Agreement made July 29 2015. All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO.14 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COVERAGE A DESIGNATED PROJECT DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the deductible amount shown in Item 4. COVERAGE AND DEDUCTIBLES of the Declarations is amended to 25000 per occurrence applicable to Coverage A and solely with respect to damages because of bodily injury or property damage arising out of the Designated Projects shown in the Schedule below. SCHEDULE OF DESIGNATED PROJECTS Electron Flume Liner Install Project in Orting WA as per Subcontract Agreement with Electron Hydro LLC. All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO.15 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION DESIGNATED ENTITY ENDORSEMENT Itis hereby agreed that if this Policy is cancelled by the Company for any reason other than non payment of premium or at the request of the Named Insured we will send 45 forty five days written notice of cancellation to the designated entity shown in the schedule below. Failure to provide such notice shall not affect the Company s rights to cancel the Policy nor shall it affect the cancellation of this Policy with regard to any entity that is not listed below or if listed below any entity to whom such notice is provided. DESIGNATED ENTITY SCHEDULE Lydig Construction Inc 3180 139th Avenue SE Ste. 110 Bellevue WA 98005 All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO. 16 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 LAYFIELD USA CORPORATION Issued to By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NON OWNED LOCATIONS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY It is hereby agreed that SECTION VI DEFINITIONS Paragraph 27. Non owned location is deleted in its entirety and replaced with the following 27. Non owned location means any of the locations identified in the Schedule of Non Owned Locations Endorsement if attached to and made a part of this Policy and locations not identified in the Schedule of Non owned Locationss Endorsement provided however that all such unscheduled locations a are located within the United States its territories or possessions or Canada b are not owned operated or managed by the Named Insured and c for any waste treatment waste storage or waste disposal facilities the pollution conditions first commenced on or after the Waste Facility Retroactive Date shown below and are 1. 2. any location or warehouse utilized for the storage or distribution of the Named Insuredd goods or products for a period not exceeding ninety 90 consecutive days or any waste treatment waste storage or waste disposal facilities utilized by or on behalf of the Named Insured for waste generated from an insured property provided that as of the date that the waste was delivered to the treatment storage or disposal facility such facilities Are properly licensed to accept and dispose of waste and are in compliance with applicable environmental laws Are not listed are not proposed for listing and have never been listed on the federal National Priorities List Superfund State equivalent list or local equivalent list Are not subject to and have not been subject to in the prior five years a Federal information request under Section 104e of the Comprehensive Environmental Response Compensation and Liability Act or Section 3007a of the Resource Conservation and Recovery Act or a State or Local equivalent request iv. If located in Canada are not subject to current or pending remedial activities required by the laws of Canada or the Province in which such facility is located and Are not bankrupt or financially insolvent and are not owned or operated by a bankrupt or financially insolvent person or entity. Waste Facility Retroactive Date 11012006 All other terms conditions and exclusions shall remain the same. AV Vs AUTHORIZED REPRESENTATIVE or countersignature in states where applicable PAGE 10OF 1 118228 0914 CI5578 | 2 |
ENDORSEMENT NO. 17 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION ALL TERRORISM CERTIFIED AND NON CERTIFIED ACTS OF TERRORISM EXCLUSION ENDORSEMENT This Policy is amended by the addition of the following Exclusion The Company has no obligation to make any payment or to provide or to pay for a defense under this Policy due to or arising directly or indirectly as a result of or in connection with Terrorism. Terrorism means the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in connection with any organization government power authority or military force when the effect is to intimidate coerce or harm a government the civilian population or any segment thereof or to disrupt any segment of the economy. The defined term Terrorism shall specifically include but is not limited to the following definition of a certified act of terrorism as follows Certified act of terrorism means any act as defined in the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015 or as further amended hereinafter TRIA that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States A. to be an act of terrorism B. to be a violent act or an act that is dangerous to 1. human life 2. property or 3. infrastructure C. to have resulted in damage within the United States or outside of the United States in the case of 1. an air carrier or vessel described in TRIA or 2. the premises of a United States mission and D. 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. All other terms conditions and exclusions shall remain the same. N Je 7 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 120003 1115 Page 1 of 1 ClI5949 FOR USE TO EXCLUDE ALL TERRORISM REJECTION OF CERTIFIED ACTS OF TERRORISM. | 2 |
ENDORSEMENT No. 18 This endorsement effective 1201 A.M. November 1 2019 forms a part of Policy No. EG 16396397 issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM A. ltis hereby agreed that SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY paragraph 2. Exclusions subparagraph p. Electronic Data is deleted in its entirety and replaced with the following p. Access or Disclosure of Confidential or Personal Information and Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to 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. B. It is hereby agreed that the following exclusion is added to SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY paragraph 2. Exclusions Access or Disclosure of Confidential or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. 127016 0817 Cle084 PAGE 1 OF 2 | 2 |
ENDORSEMENT NO. 18 Continued This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. All other terms conditions and exclusions shall remain the same. WUTHORIZED REPRESENTATIVE or countersignature in states where applicable 127016 0817 PAGE 2 OF 2 Cle084 127016 0817 Cle084 | 2 |
ENDORSEMENT NO.19 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LINKING OF AGGREGATE LIMITS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that regardless of the number of insureds claims made or suits brought or persons or organizations making claims or bringing suits under this Policy 16396397 and Policy 1954846 the combined total limit of liability of the Company under this Policy 16396397 and Policy 1954846 shall be 2000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 1000000 Employee Benefits Liability Annual Aggregate Limit if provided Any amounts paid under either Policy will reduce the available General Aggregate Limit Products Completed Operations Aggregate Limit and other Limits if applicable stated above and the combined total limit of liability shall not operate to increase the limit of liability as shown in each of the Policies. All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO. 20 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR COVERAGE REDUCTION DESIGNATED ENTITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY COVERAGE FORM Itis hereby agreed that If we cancel this Policy for any reason other than non payment of premium or at the request of the Named Insured or if we reduce coverage except for the reduction of policy limits due to the payment of damages medical expenses claim expense or loss we will send 30 thirty days written notice to the designated entity shown in the schedule below. Failure to provide notice shall not affect the Company s rights to cancel the Policy nor shall it affect the cancellation of this Policy with regard to any entity not listed below. Scheduled Designated Entity B L E e Dept. of Water Power Risk Management Section Rm. 465 111 N. Hope St. Los Angeles CA 90012 All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94293 307 PAGE 1 0OF 1 CI3031 94293 307 CI3031 | 2 |
CNA COMMON POLICY DECLARATIONS COMMERCIAL PACKAGE POLICY C 4022250200 POLICY NUMBER NAMED INSURED PHOENIX BRANDS PARENT LLC MAILING ADDRESS ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 PRODUCER NAME LOCKTON COMPANIES LLC MAILING ADDRESS 444 W. 47TH ST. 900 KANSAS CITY MO 64112 POLICY PERIOD FROM 05012014 TO 05012015 AT 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PART PREMIUM COMMERCIAL PROPERTY COVERAGE 41460.00 COMMERCIAL GENERAL LIABILITY COVERAGE COMMERCIAL CRIME COVERAGE COMMERCIAL INLAND MARINE COVERAGE COMMERCIAL BOILER MACHINERY COVERAGE COMMERCIAL TECHNOLOGY ERRORS OMISSIONS COVERAGE TOTAL POLICY PREMIUM 41460.00 INCLUDES APPLICABLE STATES TAXES AND SURCHARGES IF ANY REFER TO INDIVIDUAL DECLARATIONS FOR FURTHER INFORMATION INSURED | 2 |
CNA FORMS APPLICABLE TO ALL COVERAGE PARTS REFER TO INDIVIDUAL DECLARATIONS Countersignature Yoowad MeZarnl Chairman of the Board G138915 A Ed. 0700 INSURED | 2 |
CNA General Liability Policy Holder Notice IMPORTANT INFORMATION FOR OUR GENERAL LIABILITY AND PACKAGE POLICY HOLDERS GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS Your policy contains one or more of the recently updated coverage parts described below. This is a summary of the major changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy where changes have been made are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 000104 13 AND CG 000204 13 I. EXCLUSIONS 1. Coverage A Exclusion 2.c. Liquor Liability is revised to Reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. Provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. 3. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 5. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. Il. CONDITIONS Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Ill. DEFINITIONS 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. H 6210002052220700000200 CNA73309 XX 07 13 Page 1 of 2 Copyright CNA All Rights Reserved. | 2 |
CNA General Liability Policy Holder Notice OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 000904 13 I. EXCLUSIONS Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 00330413 AND CG 00340413 WHO IS AN INSURED Trusts included as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. CG 00 35 04 13 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCLUSIONS Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 00370413 AND CG 00380413 I. EXCLUSIONS 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. It is also revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CNA73309 XX 07 13 Page 2 of 2 Copyright CNA All Rights Reserved. | 2 |
CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE AND CONFIRMATION OF REJECTION OF COVERAGE DISCLOSURE OF PREMIUM FOR STATES IN WHICH COVERAGE FOR CERTIFIED ACTS OF TERRORISM CANNOT BE REJECTED THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompasses for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program as an act of terrorism. The other provisions of this coverage part including nuclear war or military action exclusions will still apply to such an act. CONFIRMATION OF REJECTION OF COVERAGE In accordance with The Act we offered you coverage for losses resulting from an act of terrorism that is certified under the federal program. This Notice confirms that you have chosen to reject our offer of coverage for certified acts of terrorism for this coverage part to the extent possible. DISCLOSURE OF PREMIUM Certain states may not allow coverage for certified acts of terrorism to be rejected for any coverage part. If you have locations in states in which coverage for certified acts of terrorism can not be rejected that premium is shown in your Declarations. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. G144246 F Page 1 of 2 Ed. 1207 0E10002052220700000200 Page 10f 2 | 2 |
LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. G144246 F Ed. 1207 Page 2 of 2 | 2 |
CNA POLICYHOLDER NOTICE CNA Commercial Insurance 333 S. Wabash Ave. Chicago lllinois 60604 4153 10020000040222502000131 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. G145041 A Ed. 0503 Page 1 of 1 | 2 |
CNA IMPORTANT INFORMATION FROM THE MEMBER COMPANIES OF CNA INSURANCE CNA Your policy is being renewed on the 12 04 Edition of the Commercial General Liability Coverage Form CG 00 01. This notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of the significant broadenings restrictions and clarifications of coverage that were made to the Commercial General Liability Coverage Form. This notice does not reference every editorial change made. If there is any conflict between the policy and this summary THE PROVISIONS OF THIS POLICY SHALL PREVAIL. Please read your policy and the endorsements attached to your policy carefully. CG 00011204 Commercial General Liability Coverage Form Occurrence Version BROADENINGS OF COVERAGE The exception to the Pollution Exclusion which provides coverage for bodily injury arising out of smoke fumes vapors or soot from building heating equipment has been expanded to also include water heaters and cooling and dehumidifying equipment. REDUCTIONS IN COVERAGE Revised Mobile Equipment Coverage The definitions of mobile equipment and auto have been revised. Any land vehicle that had been classified as a piece of mobile equipment under our previous policy will now be considered an auto if that vehicle is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. With this change coverage is no longer provided for these types of land vehicles since they are now defined to be autos rather than mobile equipment and subject to the Aircraft Auto and Watercraft exclusion in your policy. However the operation of machinery or equipment that is attached to or part of such a vehicle will still be covered by your policy. If you wish to obtain coverage for land vehicles subject to compulsory or financial responsibility laws or other motor vehicle insurance laws you should consider a Commercial Automobile policy. Electronic Data Exclusion An exclusion for Electronic Data has been added to this policy to reinforce that coverage for electronic data is not intended to be provided under this policy. This may be considered a reduction in coverage. Medical Payments Athletics Activities Exclusion The Athletics Activities exclusion under Coverage C Medical Payments has been revised to more clearly express what types of athletic activities are excluded with respect to medical payments. Medical expenses are not intended to be provided to a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. This may be considered a reduction in coverage. Other Insurance Prior to this revision if you were added as an additional insured to another policy the policy would be excess over that insurance for damages arising out of the premises or operations. The Other Insurance Condition has been revised so that now if you are added as an additional insured to another policy this policy is excess over that insurance for damages arising out of both the premises or operations AND the products and completed operations. 2E10002052220700000200 G147201 A Ed. 1204 Page 10f 2 | 2 |
Liquor License Not In Effect Exclusion Prior to this revision this exclusion precluded coverage when your liquor license was suspended expired cancelled or revoked. This exclusion has been revised so that now it applies if your liquor license was suspended expired cancelled revoked OR not in effect. CLARIFICATIONS OR NO IMPACT IN COVERAGE We have incorporated the war exclusion formerly added via mandatory endorsement directly into this policy. CG 00011204 Commercial General Liability Coverage Form Endorsements Due to the introduction of the 12 04 Edition of the Commercial General Liability Coverage Form CG 00 01 your policy may contain revised editions of endorsements. REDUCTIONS IN COVERAGE G147167 General Liability Extension Endorsement G18652 Contractors General Liability Extension Endorsement G144041 Manufacturers General Liability Extension Endorsement G144294 Technology General Liability Extension Endorsement If your policy contains any of the above endorsements coverage under the MISCELLANEOUS ADDITIONAL INSUREDS Lessor of Equipment provision may have been amended to exclude coverage for such additional insures for personal and advertising injury arising out of the sole negligence of such additional insureds. This may be considered a reduction in coverage. If you have any questions please contact your CNA Agent. G147201 A Ed. 1204 Page 2 of 2 | 2 |
CNA General Liability Occurrence Renewal Declaration POLICY NUMBER C 4022250200 COVERAGE PROVIDED BY FROM PO National Fire Ins Co of Hartford 0501201 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS PHOENIX BRANDS PARENT LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 REFER TO ADDITIONAL NAMED INSUREDS SCHEDULE AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 5901 COLLEGE BLVD. STE. 400 OVERLAND PARK KS 66211 Phone Number 913661 2700 FROM POLICY PERIOD TO 05012014 05012015 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Limited Liability Corporation Your policy is composed of this Declarations with the attached Common Policy Conditions Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. The Estimated Policy Premium Is 41460.00 x Minimum Premium Audit Period is Annual In return for the payment of the premium and subject to all the terms and conditions contained here in we agree to provide the insurance as stated. INSURED Page | 2 |
POLICY NUMBER C 4022250200 INSURED NAME AND ADDRESS PHOENIX BRANDS PARENT LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 LIMITS OF INSURANCE DESCRIPTION Each Occurrence Personal Advertising Injury Medical Expense Any One Person Damage To Premises Rented To You Limit Products Completed Operations Aggregate General Aggregate Employee Benefits Liability Coverage Each Employee Aggregate Stop Gap Liability Bodily Injury by Accident Each Accident Bodily Injury by Disease Aggregate Limit Bodily Injury by Disease Each Employee LIMIT 1000000 1000000 5000 51000000 2000000 2000000 1000000 1000000 1000000 1000000 1000000 SCHEDULE OF LOCATIONS AND COVERAGES PREMIUM EXPOSURE BASIS RATE ESTIMATED PREMIUM COVERAGE HAZARD DESCRIPTION POLICY LEVEL COVERAGES Employee Benefits Liability Deductible Each Employee Ohio Amendatory Stop Stop Gap Liability Stop Gap Liability Stop Gap Liability Stop GAP Liability Gap Liability Ohio North Dakota Washington Wyoming WA 56 Each Employee 1000 IF ANY IF ANY IF ANY IF ANY IF ANY Each INCL.066 INCL 100 Total Payroll FLAT CHARGE SL 2 12 0 0 0 0 0 Fire Damage Legal Liability Increased Limits Manufacturers General Liability Extension Location 1 2855 FRANKLIN RD. 560 794 2 Page INSURED | 2 |
POLICY NUMBER C 4022250200 INSURED NAME AND ADDRESS PHOENIX BRANDS PARENT LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 SCHEDULE OF LOCATIONS AND COVERAGES Location 1 INDIANAPOLIS IN 46219 Class Code 51919 Color or Pigment Preparation Premises Operations Products Completed Operations Class Code 52075 Detergent Manufacturing household Premises Operations Products Completed Operations 13800000 S 13800000 S nan nan nan nan 0.265 nan nan nan 1.307 3657 518037 IF ANY s.512 IF ANY s 1.083 LOCATION SUB TOTAL 0 0 21694 Location 6 ONE LANDMARK SQUARE SUITE 18101 STAMFORD CT 06901 Class Code 12362 Distributors no food or drink not otherwise classified Premises Operations Products Completed Operations 81500000 S 067 81500000 S.154 LOCATION SUB TOTAL Employee Benefits Minimum 5461 12551 518012 388 Premium Necessary to Meet Page INSURED | 2 |
POLICY NUMBER C 4022250200 INSURED NAME AND ADDRESS PHOENIX BRANDS PARENT LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 ADDITIONAL NAMED INSUREDS SCHEDULE PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX PHOENIX BRANDS LLC BRANDS CANADA LAUNDRY LLC BRANDS DYNAMO LLC RIT LLC BRANDS FAB LLC BRANDS PUERTO RICO LLC BRANDS AJAX LLC FINAL TOUCH LLC NIAGARA LLC BRANDS COLD POWER LLC BRANDS CANADA ULC BRANDS FRESH START LLC NORTH LLC INSURED Page | 2 |
POLICY NUMBER C 4022250200 INSURED NAME AND ADDRESS PHOENIX BRANDS PARENT LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 FORMS AND ENDORSEMENTS SCHEDULE Form Number G56015B G56015B CG0001 CG2141 CG2147 CG2155 CG2173 CG2404 CG2504 G114050A G114057B34 G144041D G144291A G145658A G15104A G15115A G16776A G22614A G300304A G43316C G43815C G55157B IL0003 IL0017 IL0021 IL0140 IL0260 111991 111991 042013 111985 122007 091999 012008 052009 052009 021995 022011 122010 032003 112003 101989 101989 061991 121994 052006 061998 082001 021988 072002 111998 111994 112005 022010 Form Title SCHEDULE CG2404 SCHEDULE G15115A Commercial General Liability Coverage Form Exclusion Intercompany Products Suits EmploymentRelated Practices Exclusion Total Poll Excl With A Hostile Fire Exception Exclusion of Certified Acts Terrorism Waiver Trans Rights Recovery Against Others To Us Designated Locations General Aggregate Limit Stop Gap Liability Coverage Supplemental Schedule Ohio Amendatory Stop Gap Liability Coverage Endt Manufacturers General Liability Extension Endt Economic And Trade Sanctions Condition Exclusion Silica Employee Benefits Liability Supplemental Schedule Changes Notice Cancellation or Material Cov Change Exclusion Lead Paint Stop Gap Liability Coverage Endorsement Fungi Mold Mildew Yeast Microbe Exclusion and Wate Exclusion Asbestos Employee Benefits Liability Coverage Premium Bases calculation of Premium Common Policy Conditions Nuclear Energy Liab Exclusion Endt Broad Form Connecticut Changes Civil Union Connecticut Changes Cancellation and Nonrenewal PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title CNA73309XX 072013 GL Multistate Form Revs Adv Note To Plcyhlders G144246F 122007 Notice Offer Reject Terrorism Premium Disclosure G145041A 052003 IMP INF Economic And Trade Sanctions Condition G147201A 122004 Important Information Yoowad MeZarnl Chairman of the Board P55170 A Ed. 0186 Countersignature Mum INSURED Page | 2 |
POLICY NUMBER C 4022250200 INSURED NAME AND ADDRESS PHOENIX BRANDS PARENT LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 POLICY CHANGES SCHEDULE CG2404 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy unless another effective date is shown. Any person or organization that you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization but only if the contract or agreement 1. Is in effect or becomes effective during the term of this policy and Was executed prior to loss. Yoowad MeZarnl Chairman of the Board G56015 B ED. 1191 | 2 |
POLICY NUMBER C 4022250200 INSURED NAME AND ADDRESS PHOENIX BRANDS PARENT LLC ONE LANDMARK SQUARE SUITE 1810 STAMFORD CT 06901 POLICY CHANGES SCHEDULE G15115A This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy unless another effective date is shown. Form G15115A Title Notice of Cancellation or Material Coverage Change United Natural Foods Inc Insurance Compliance PO Box 12010 UN Hemet CA 92546 8010 Topco Associates LLC Attn COI P. O. Box 426 Skokie IL 60076 0426 Pricesmart Inc Insurance Compliance P.0O. Box 12010 PS Hemet CA 92546 8010 30 Day Notice of Cancellation 10 Day for Non Payment Yoowad MeZarnl Chairman of the Board G56015 B ED. 1191 | 2 |
G114050 A Ed. 0295 CNA STOP GAP LIABILITY COVERAGE SUPPLEMENTAL SCHEDULE AS PER THE POLICY DECLARATIONS THIS POLICY PROVIDES COVERAGE SUBJECT TO THE LIMITS OF INSURANCE INDICATED BELOW LIMITS OF INSURANCE BODILY INJURY BY ACCIDENT EACH ACCIDENT REFER BODILY INJURY BY DISEASE AGGREGATE LIMIT TO BODILY INJURY BY DISEASE EACH EMPLOYEE DECLARATIONS PREMIUM FOR THIS COVERAGE. PREMIUM PAYABLE AT INCEPTION 10020000040222502000138 REFER TO THE POLICY DECLARATIONS PAGE FOR OTHER FORMS AND ENDORSEMENTS ATTACHED TO AND FORMING A PART OF THIS POLICY. DENT EACH ACCIDENT REFER ASE AGGREGATE LIMIT TO ASE EACH EMPLOYEE DECLARATIONS REMIUM FOR THIS COVERAGE. PREMIUM PAYABLE AT INCEPTION G114050 A Ed. 0295 Page 1 of 1 | 2 |
G15104 A Ed. 1089 CNA ATTACHED TO POLICY NO. EMPLOYEE BENEFITS LIABILITY COVERAGE SUPPLEMENTAL SCHEDULE As per the Policy Declarations this policy provides coverage subject to the Limits of Insurance indicated below LIMITS OF INSURANCE Each Employee REFER TO Aggregate DECLARATIONS Deductible Each Employee Employee Benefit Programs other than those specified in the Definitions Section of Employee Benefits Liability Coverage Endorsement NONE PREMIUM COMPUTATION Estimated Number Of Employees First 1000 Next 1000 Qver 2000 Rate Per Estimated Employee Premium REFER TO DECLARATIONS Minimum Premium INCLUDED INCLUDED Rate Per Employee REFER TO DECLARATIONS Estimated Premium Minimum Premium Next 1000 DECLARATIONS INCLUDED Qver 2000 INCLUDED Total REFER TO DECLARATIONS REFER TO THE POLICY DECLARATIONS PAGE FOR OTHER FORMS AND ENDORSEMENTS ATTACHED TO AND FORMING A PART OF THIS POLICY. G15104 A Ed. 1089 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il 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 Nl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity 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 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section 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 3 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. 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. 610002052220700000200 CG 00010413 Page 1 of 16 Copyright Insurance Services Office Inc. 2012 | 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 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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 Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels 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 i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e 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. 0710002052220700000200 CG 00010413 Page 3 of 16 Copyright Insurance Services Office Inc. 2012 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. b However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war b 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.. 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 2 Page 4 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 1l Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 1710002052220700000200 CG 00010413 Page 5 of 16 Copyright Insurance Services Office Inc. 2012 | 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. 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 Ill 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 Nl 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 settiements 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 explicity 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 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. b. 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. c. 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. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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.. 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. 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. 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. tal 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 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 210002052220700000200 CG 00010413 Page 7 of 16 Copyright Insurance Services Office Inc. 2012 | 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 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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 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 exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that 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 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. 14 4 e 4 b 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. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 710002052220700000200 CG 00010413 Page 9 of 16 Copyright Insurance Services Office Inc. 2012 | 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 b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in 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. c 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 aNamed Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay 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 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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. 10002052220700000200 CG 00010413 Page 11 of 16 Copyright Insurance Services Office Inc. 2012 | 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 i 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 entitled 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 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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 ToUs 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 worke 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.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. Employee 5710002052220700000200 CG 00010413 Page 13 of 16 Copyright Insurance Services Office Inc. 2012 | 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. 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 or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto 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. 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. 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.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 1 |
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 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means 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. 1 14. 1 3. o 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. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. 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 The use of another s advertising idea in your advertisement or g Infringing upon another s copyright trade dress or slogan in your advertisement.. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 9710002052220700000200 CG 00010413 Page 15 of 16 Copyright Insurance Services Office Inc. 2012 | 1 |
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. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 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 organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Page 16 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 1 |
CG21411185 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. 710002052220700000200 CG21411185 Copyright Insurance Services Office Inc. 1984 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE PART. 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 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 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 employment of that person 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 endorsement modifies insurance provided under the following B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal 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 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 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 employment of that person 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. 8710002052220700000200 CG 21471207 Page 1 of 1 Copyright ISO Properties Inc. 2006 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21550999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION 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 Property Damage Li ability 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 ac tual alleged or threatened discharge dispersal seepage migration release or escape of pollut ants at any time. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a At 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 or b At 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 to test for monitor clean up remove contain treat de toxify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regu b latory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way re spond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 6710002052220700000200 CG 215509 99 Page 1 of 1 Copyright Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM 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. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. 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 damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 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 contained 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 Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to 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 contained 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 Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 051000205222000000200 CG 21730108 Page 1 of 1 Copyright ISO Properties Inc. 2007 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 24040509 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 Refer to SCHEDULE CG2404 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. 2fer to SCHEDULE CG2404 1510002052220700000200 CG 24 040509 Copyright Insurance Services Office Inc. 2008 Page 1 of 1 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 2504 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations Each of your locations owned by or rented to you for which coverage applies in this policy Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or suits brought or obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. ich of your locations owned by rented to you for which coverage plies in this policy 2510002052220700000200 CG 2504 0509 Copyright Insurance Services Office Inc. 2008 Page 1 of 2 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section lll Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright Insurance Services Office Inc. 2008 CG 25 04 05 09 | 2 |
G114057 B34 Ed. 0211 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OHIO AMENDATORY STOP GAP LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE ENDORSEMENT Paragraph 2. Exclusions of Coverage D. STOP GAP LIABILITY COVERAGE is amended to delete Exclusion a. and replace it with the following The insurance provided by this endorsement does not apply to a. Bodily injury caused by employer acts committed with the deliberate intent to injure an employee or committed with the belief that injury is substantially certain to occur. However to the fullest extent allowed by Ohio law this exclusion does not apply to bodily injury caused by employer acts that under Ohio law create a rebuttable presumption of intent to injure another. 510002052220700000200 G114057 B34 Ed. 0211 Page 1 of 1 | 2 |
G144041 D Ed. 1210 CNA 10020000040222502000154 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUFACTURERS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following The changes this endorsement makes to coverage provided by the Commercial General Liability Coverage Part are void with respect COMMERCIAL GENERAL LIABILITY COVERAGE PART to any coverage that has been excluded by another endorsement attached to this policy. Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. Coverage is summarized below. For particulars and limitations affecting each coverage please refer to the corresponding policy provisions in the body of this endorsement. 1. 2. 3. 1. 12. Property Damage Patterns Molds And Dies Additional Insured Blanket Vendors Miscellaneous Additional Insureds 8 additional insured extensions. Broad Named Insured Newly Formed Or Acquired Organizations Joint Ventures Partnership Limited Liability Companies Coverage for your interest in such terminated or ended organizations. Partnership Or Joint Ventures Partnership includes a limited liability partnership. Incidental Health Care Malpractice Coverage Supplementary Payments Cost of bail bonds increased to 2500. Daily loss of earnings increased to 1000. Medical Payments Limits increased to 15000. Reporting increased to three years from the date of accident.. Non owned Watercraft Increased to 55 feet. Non owned Aircraft Legal Liability Damage To Premises Extended perils. Limit increased to 200000. SCHEDULE 13. 14. 15. 16. 17. 18. 21. 22 23. 24 Broad Knowledge of Occurrence Notice of Occurrence Unintentional Failure To Disclose Hazards Expanded Personal And Advertising Injury Bodily Injury Extension of Coverage Expected Or Intended Injury Reasonable force bodily injury or property damage.. Liberalization Clause. Property Damage Elevators Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement. In Rem Actions Primary And Non Contributory To Other Insurance Limited Contractual Liability for Personal and Advertising Injury 18. 19.. Property Damage Elevators Expected Or Intended Injury Reasonable force bodily injury or property damage. Liberalization Clause 21. 22 23. 24 Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement. In Rem Actions Primary And Non Contributory To Other Insurance Limited Contractual Liability for Personal and Advertising Injury G144041 D Ed. 1210 Page 1 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G144041 D Ed. 1210 1. PROPERTY DAMAGE PATTERNS MOLDS AND DIES Paragraphs 3 and 4 of Exclusion j. Damage to Property of Section Exclusions do not apply to patterns molds or dies in the care custody or control of the insured if the patterns molds or dies are not being used to perform operations at the time of loss. A limit of insurance of 25000 per policy period applies to Property Damage Patterns Molds And Dies and is included within the General Aggregate Limit as described in Section Il Limits Of Insurance. The insurance afforded by this Provision 1. is excess over any valid and collectible property insurance including any deductible available to the insured and the Other Insurance Condition is changed accordingly. 2. ADDITIONAL INSURED BLANKET VENDORS Section Il Who Is An Insured is amended to include as an additional insured any person or organization referred to below as vendor with whom you agreed because of a written contract or written agreement to provide insurance but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business subject to the following additional exclusions 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 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 G144041 D Ed. 1210 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 or property damage arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Subparagraphs 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 Provision 2. does not apply to a. 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 b. Any vendor specifically scheduled as an additional insured by endorsement or c. Any of your products for which coverage is excluded by endorsement. 3. This Provision 2. does not apply if bodily injury or property damage included within the products completed operations hazard is excluded by endorsement. MISCELLANEOUS ADDITIONAL INSUREDS Section Il Who Is An Insured is amended to include as an insured any person or organization called additional insured described in Paragraphs 3.a. through 3.h. below whom you are required to add as an additional insured on this policy under a written contract or written agreement but the written contract or written agreement must be 1. Currently in effect or becoming effective during the term of this policy and 2. Executed prior to the bodily injury property damage or personal injury and advertising injury but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein a. Additional Insured Your Work That person or organization for whom you do work is an additional insured solely for liability Page 2 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. G144041 D Ed. 1210 | 2 |
G144041 D Ed. 1210 due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows 1 The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 2 Coverage for the additional insured for your work that is included in the products completed operations hazard is afforded only if this Coverage Part provides such coverage and only if the written contract or written agreement requires you to provide such coverage. 3 The insurance provided to the additional insured does not apply to a Bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional services or b Bodily injury or property damage included in the products completed operations hazard and arising out of any of your work that is excluded by endorsement. State or Governmental Agency or A state or governmental agency or subdivision or political subdivision subject to the following provisions 1 This insurance applies only with respect to the following hazards for which the state or govemmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own rent or control and to which this insurance applies a The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoistaway openings sidewalk vaults street banners or decorations and similar exposures or b The construction erection or removal of elevators or 2 This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of 1 Their financial control of you or 2 Premises they own maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for such additional insured. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership maintenance or use of that specific part of the premises leased to you 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 or 2 Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Mortgagee Assignee or Receiver A mortgagee assignee or receiver but only with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of a premises by you. This insurance does not apply to structural alterations new construction or demolition operations performed by or for such additional insured. 5510002052220700000200 G144041 D Ed. 1210 Page 3 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G144041 D Ed. 1210 4. BROAD NAMED f. Owners Other Interests Land Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions This insurance does not apply to 1 Any occurrence which takes place after you cease to lease that land or 2 Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. g. Co owner of Insured Premises A co owner of a premises co owned by you and covered under this insurance but only with respect to the co owners liability as co owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance operation or use by you of equipment leased to you by such person or organization. A person s or organization s status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds the following additional exclusions apply This insurance does not apply 1 To any occurrence which takes place after the equipment lease expires or 2 To bodily injury property damage or personal and advertising injury arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under Paragraphs b. through h. above does not apply to bodily injury or property damage included within the products completed operations hazard. INSURED NEWLY FORMED OR ACQUIRED ORGANIZATIONS A Any organization other than a partnership joint venture or limited liability company over which a Named Insured shown in the Declarations maintained an ownership interest of more than 50 on the effective date of this policy and on the date of loss will qualify as G144041 D Ed. 1210 C. a Named Insured if there is no other similar insurance afforded to that organization or would have been afforded but for the exhaustion of the limits of liability cancellation or expiration of such insurance. Paragraph 3.a. of Section Il Who Is An Insured is deleted and replaced by the following Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy s effective date after you acquire or form the organization whichever is earlier. This Provision 4. does not apply to any organization for which coverage is excluded by endorsement. JOINT VENTURES PARTNERSHIP LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section Il Who Is An Insured 4. You are an insured when you had an interest in a joint venture partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture partnership or limited liability company. This coverage does not apply a. Prior to the termination date of any joint venture partnership or limited liability company or b. If there is other valid and collectible insurance purchased specifically to insure the partnership joint venture or limited liability company. The last paragraph of Section Il Who Is An Insured is deleted and replaced by the following Except as provided under the Manufactures General Liability Extension Endorsement or by the attachment of another endorsement if any 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. PARTNERSHIP OR JOINT VENTURES Paragraph 1.b. of Section Il Who Is An Insured is deleted and replaced by the following b. A partnership including a limited liability 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. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to bodily injury that arises out of a health care incident Coverage A Bodily Injury Page 4 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. COMPANY mises A. The fc s co owned by you Insure insurance but only vners liability as co 4. Vi jo c d ion from whom you rson or organization lir spect to their liability 4 nance operation or a 1 t leased to you by ation. A person s or n insured under this their written contract b. 1 for such leased ance afforded these following additional B. Thela is dele pply Excep ki Liabilit which ake s place of an ease expires or organi roperty damage or any cu tising injury arising liability anlinarcra f ok in the Faragrapn deleted anc b. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G144041 D Ed. 1210 and Property Damage Liability of Section Coverages is amended to replace Insuring Agreement Paragraphs 1.b.1 and 1.b.2 with the following b. This insurance applies to bodily injury only if you are not in the business of providing professional health care services and only if 1 The bodily injury is caused by an occurrence that takes place in the coverage territory. For the purpose of this insurance a Bodily injury caused by a health care incident will be considered caused by an occurrence and b All acts errors or omissions that are logically connected by any common fact circumstance situation transaction event advice or decision will be considered to constitute a single occurrence 2 The bodily injury occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act error or omission that is part of the occurrence and B. With respect only to the insurance provided by this Provision 7. Exclusion 2.e. Employer s Liability of Section Coverage A Bodily Injury and Property Damage is amended to append the following Only for bodily injury not covered by other liability insurance including qualified self insurance available to the insured or which would be available but for exhaustion of its limits this exclusion does not apply to bodily injury that arises out of a health care incident. C. Section V Definitions is amended to add the following new definition Health care incident means a negligent act error or omission by your employees or volunteer workers working on your behalf in the rendering of or failure to render professional health care services in any of the following capacities or the related furnishing of food beverages medical supplies or appliances a. Physician b. Nurse c. Emergency medical technician d. Paramedic e. Chiropractor f. Dentist G144041 D Ed. 1210 Includes copyrighted material of Insurance Athletic trainer Audiologist i. Physical therapist j. Psychologist k. Speech therapist I. Other allied health professional or m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Section Coverages is amended to add the following additional exclusions to Paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability. These new exclusions apply only to this Incidental Health Care Malpractice Coverage This insurance does not apply to Dishonesty or Crime Any dishonest criminal or malicious act error or omission. Clinical Trials Product Testing Acts errors or omissions that occur in the course of human clinical trials or product testing. Medicare Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. Section V Definitions is amended to add the following subparagraph to Paragraph f. of the definition of insured contract Paragraph f. does not include that part of any contract or agreement 4 Under which you assume another s tort liability for bodily injury arising out of the rendering of or failure to render professional health care services. Section Il Who Is An Insured is amended as follows 1. Except for licensed physicians your employees are insureds with respect to a. bodily injury to a coemployee while in the course of the coemployee s employment by you or while performing duties related to the conduct of your business and b. bodily injury to a volunteer worker while performing duties related to the conduct of your business 9510002052220700000200 Page 5 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G144041 D Ed. 1210 when such bodily injury arises out of a health care incident. 2. Except for licensed physicians your volunteer workers are insureds with respect to a. bodily injury to a covolunteer worker while performing duties related to the conduct of your business and b. bodily injury to an employee while in the course of the employee s employment by you or while performing duties related to the conduct of your business when such bodily injury arises out of a health care incident. 3. Paragraphs 2.a. 1a b and c of Section Il Who Is An Insured do not apply to bodily injury for which insurance is provided this Provision 7. 4. Paragraph 2.a.1d of Section Il Who Is An Insured is deleted and replaced by the following new Paragraph 2.a.3 However none of these employees or volunteer workers are insureds for 3 Bodily injury property damage or personal and advertising injury arising out of his or her rendering of or failure to render professional health care services if he or she is a licensed physician. G. With respect to the insurance provided by this Provision 7. the following is added to Paragraph 4.b.1 of Section IV Commercial General Liability Conditions To the extent this insurance applies it is excess over any of the other insurance including qualified self insurance whether primary excess contingent or on any other basis except for insurance purchased specifically by you to be excess of this policy. 8. SUPPLEMENTARY PAYMENTS A. Under Section Supplementary Payments Coverages A and B Paragraph 1.b. the limit of 250 shown for the cost of bail bonds is replaced by 2500. B. In Paragraph 1.d. the limit of 250 shown for daily loss of earnings is replaced by 1000. 9. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit of Section Ill Limits of Insurance is deleted and replaced by the following 7. Subject to Paragraph 5. above the Each Occurrence Limit the Medical Expense Limit is the most we will pay under Section Coverage C for all medical expenses because of G144041 D Ed. 1210 bodily injury sustained by any one person. The Medical Expense Limit is the greater of 1 15000 or 2 The amount shown in the Declarations for Medical Expense Limit. B. This Provision 9. does not apply if Section I Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.3b of Section Coverage C Medical Payments is replaced by the following b The expenses are incurred and reported to us within three years of the date of the accident and 10. NON OWNED WATERCRAFT Under Section Coverage A Bodily Injury and Property Damage Exclusion 2.g. subparagraph 2 is deleted and replaced by the following. 2 A watercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge. 11. NON OWNED AIRCRAFT Exclusion 2.g. of Section Coverage A Bodily Injury and Property Damage does not apply to an aircraft you do not own provided that 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada designating that person as a commercial or airline transport pilot 2. ltis rented with a trained paid crew and 3. Itdoes not transport persons or cargo for a charge. 12. LEGAL LIABILITY DAMAGE TO PREMISES A. Under Section Coverage A Bodily Injury and Property Damage 2. Exclusions Exclusion j. is replaced by the following. 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 Page 6 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. G144041 D Ed. 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G144041 D Ed. 1210 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. 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 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises 1 rented to you 2 temporarily occupied by you with the permission of the owner or 3 to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. 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. B. Under Section Coverage A Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. 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 or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section Il Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Each Occurrence Limit the Damage To Premises G144041 D Ed. 1210 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 temporarily occupied by you with the permission of the owner including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of a. 200000 or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.1aii of Section IV Commercial General Liability Conditions is deleted and replaced by the following i That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner or E. This Provision 12. does not apply if Damage To Premises Rented To You Liability under Section Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 13. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an occurrence offense claim or suit only when the occurrence offense claim or suit is known to 1 You if you are an individual 2 3 An executive officer or the employee designated by you to give such notice if you are a corporation or A partner if you are a partnership 4 A manager if you are a limited liability company. 14. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV Commercial General Liability Conditions Duties in The Event of Occurrence Offense Claim or Suit Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an occurrence offense claim or suit and that failure is solely due to your reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However you shall give written notice of this occurrence offense claim or suit to us as soon as you are aware that this insurance may apply to such occurrence offense claim or suit. 15. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards if unintentionally you should fail to disclose all such hazards at the inception date of your policy we will not deny coverage under this Coverage Part because of such failure. Page 7 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. YOU must give an occurrence occurrence of 2 3 510002052220700000200 Page 7 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G144041 D Ed. 1210 16. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V Definitions the definition of personal and advertising injury h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is 1 Not done intentionally by or at the direction of a The insured or b Any executive officer director stockholder partner member or manager if you are a limited liability company of the insured and 2 Not directly or indirectly related to the employment prospective employment past employment or termination of employment of any person or persons by any insured. B. Exclusions of Section Coverage B Personal and Advertising Injury Liability is amended to include the following Discrimination Relating To Room Dwelling or Premises Caused by discrimination directly or indirectly related to the sale rental lease or sub lease or prospective sale rental lease or sub lease of any room dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This Provision 16. does not apply if Section I Coverage B Personal And Advertising Injury Liability is excluded by endorsement. 17. BODILY INJURY Section V Definitions the definition of bodily injury is changed to read Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 18. EXPECTED OR INTENDED INJURY Exclusion a. of Section Coverage A Bodily Injury and Property Damage Liability is replaced by the following a. Bodily injury or property damage expected or intended from the standpoint of the insured. G144041 D Ed. 1210 This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 19. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for manufacturers under this endorsement without an additional premium charge your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 20. PROPERTY DAMAGE ELEVATORS With respect to Exclusions of Section Coverage A Paragraphs 3 4 and 6 of Exclusion j. and Exclusion k. do not apply to the use of elevators. The insurance afforded by this Provision 20. is excess over any valid and collectible property insurance including any deductible available to the insured and the Other Insurance Condition is changed accordingly. 21. BLANKET WAIVER OF SUBGROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition Section IV Commercial General Liability Conditions is amended by the addition of the following We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 1. Your ongoing operations or 2. Your work included in the products completed operations hazard. However this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. Isin effect or becomes effective during the term of this policy and 2. Was executed prior to loss. 22. IN REM ACTIONS Any action in rem against property owned operated by or for you or chartered by or for you will be treated in the same manner as though the action were in personam against you. 23. PRIMARY AND NON CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part the following is added to Paragraph 4. of Section IV Commercial General Liability Conditions and supersedes any provision to the contrary If you have agreed in writing in a contract or agreement that this insurance is primary and non contributory relative to an additional insured s own insurance then this insurance is primary and we will not seek contribution from that other Page 8 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. discrimination or y by or at the age b Fersonal and amended to include the Ut ng To Room Dwelling on directly or indirectly tal lease or sub lease ntal lease or sub lease or premises by or at the 1. vied or imposed by a ag ty because of apply if Section lions the definition of bodily injury is PeisUIl al ally tinie the bodily injury A Bodily Injury replaced by the damage expected point of the insured. G144041 D Ed. 1210 | 2 |
G144041 D Ed. 1210 24 insurance. For the purpose of this Provision 23. the additional insured s own insurance means insurance on which the additional insured is a Named Insured. This Provision 23. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. LIMITED CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY A. Subparagraph e. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Li ity is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if a The liability pertains to your business and is assumed in writing in a contract or agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement b The personal and advertising injury occurs subsequent to the execution of the contract or agreement and c The personal and advertising injury arises out of the offenses of false arrest detention or imprisonment. Solely for the purposes of liability so assumed in a contract or agreement reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal injury described in Paragraph A.2.e.2c above provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same contract or agreement and ii 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. B. The following is added to Section Supplementary Payments Coverages A And B 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 1. The suit against the indemnitee seeks damages for which the insured has assumed tort liability of the indemnitee in a contract or agreement if such liability pertains to your business. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement 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 contract or agreement The allegations in the suit and the information we know about the offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee a. Agrees in writing to 1 Cooperate with us in the investigation settlement or defense of the suit 2 Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit 3 Notify any other insurer whose coverage is available to the indemnitee and 4 Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b. Provides us with written authorization to 1 Obtain records and other information related to the suit and 2 Conduct and control the defense of the indemnitee in such suit. Page 9 of 10 vices Office Inc. with its permission. 8510002052220700000200 G144041 D Ed. 1210 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G144041 D Ed. 1210 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 A.2.e.2 above such payments will not be deemed to be damages for personal and advertising injury as described in Paragraph A.2.e.2c above 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 1. We have used up the applicable limit of insurance in the payment of judgments or settiements or 2. The conditions set forth above or the terms of the agreement described in Paragraph 6. above are no longer met. This Provision 24. does not apply if Section I Coverage B Personal And Advertising Injury Liability is excluded by endorsement. G144041 D Ed. 1210 Page 10 of 10 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G145658 A Ed. 1103 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA COMMERCIAL GENERAL LIABILITY COVERAGE PART. The following exclusion is added to Exclusions of Section COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This insurance does not apply to 1. Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or 2. Property damage arising in whole or in part out of the actual alleged or threatened presence of silica. This endorsement modifies insurance provided under the following B. The following exclusion is added to Exclusions of Section COVERAGE B. PERSONAL AND ADVERTISING LIABILITY This insurance does not apply to personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of silica. C. The following definition is added Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. or in part out of the d respiration or 6510002052220700000200 G145658 A Ed. 1103 Page 1 of 1 | 2 |
G15115 A Ed. 1089 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part other than the reduction of aggregate limits through payment of claims we agree to mail prior written notice of cancellation or material change to SCHEDULE 4 A irnbine nf Aeiin e rmmam b. 1. Number of days advance notice nan nan nan nan 120.0 2. Name Phoenix Brands LLC 3. Address 300 Atlantic Street Stamford CT 06901 091000205222000000200 G15115 A Ed. 1089 Page 1 of 1 | 2 |
G16776 A Ed. 0691 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD PAINT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage or personal injury arising out of the actual or alleged manufacture distribution sale resale rebranding installation repair removal encapsulation abatement replacement or handling of or exposure to lead paint or 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. This endorsement does not apply in Massachusetts 1910002052220700000200 G16776 A Ed. 0691 Page 1 of 1 | 2 |
G22614 A Ed. 1294 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The provisions of this endorsement apply only as respects the Stop Gap Liability Coverage afforded hereunder. A. The following is added to SECTION COVERAGES COVERAGE D. STOP GAP LIABILITY COVERAGE 1. Insuring Agreement G22614 A Ed. 1294 We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury to which this insur ance applies. We will have the right and duty to defend any suit seeking those damages. We may at our discretion investigate any ac cident or disease and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in LIMITS OF IN SURANCE SECTION M of this en dorsement and Our right and duty to defend end when we have used up the applicable limit of in surance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMEN TARY PAYMENTS. This insurance applies to bodily injury only if 1 The bodily injury is sustained by an employee of yours and arises out of and in the course of such employee s em ployment by you 2 The bodily injury takes place in the coverage territory The bodily injury is caused by a An accident occurring during the pol icy period or b A disease which is caused by or ag gravated by conditions of your em ployment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period and 4 Such employee has been reported and declared under a Workers Compensa c. tion Law of a state territory or posses sion designateded in the Stop Gap Liabil ity Coverage Supplemental Schedule prior to sustaining an injury. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. The damages we will pay where recovery is permitted by law include damages 1 For which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a re sult of injury to your employee 2 3 For care and loss of services For consequential bodily injury to a spouse child parent brother or sister of the injured employee provided that these damages are the direct conse quence of bodily injury that arises out of and in the course of the injured employee s employment by you and 4 Because of bodily injury to your employee that arises out of and in the course of employment claimed against you in a capacity other than as employer. 2. Exclusions The insurance provided by this endorsement does not apply to a. Bodily injury intentionally caused or aggra vated by you or bodily injury resulting from an act which is determined to have been committed by you with the belief that an injury is substantially certain to occur. Aircraft operation or the performance of any duty in connection with aircraft while in flight. Any premium assessment penalty fine benefit liability or other obligation imposed by 1 The Federal Employer s Liability Act 45 USC Sections 51 60 Page 10f 3 2910002052220700000200 Page 10f 3 | 2 |
G22614 A Ed. 1294 h. 2 The Non appropriated Fund Instrumen talities Act 5 USC Sections 8171 8173 3 The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 or 4 The Outer Continental Shelf Lands Act 43 USC Sections 1331 1356 5 The Defense Base Act 42 USC Sections 1651 1654 6 The Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 7 The Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sections 1801 1872 and 8 Any other Worker s Compensation un employment compensation or disability laws or any similar law. Any liability assumed by the insured under any agreement or contract. Bodily injury to an employee when you are 1 Deprived of common law defenses or 2 Otherwise subject to penalty because of your failure to secure your obligations or other failure to comply with the Workers Compensation Law. Damages arising out of coercion criticism demotion evaluations reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or any personnel practices poli cies acts or omissions. Bodily injury suffered or caused by any per son 1 Knowingly employed by the insured in violation of any law as to age or 2 Under the age of 14 years regardless of any such law. Multiple exemplary or punitive damages. B. SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended to SUPPLEMENTARY PAYMENTS COVERAGES A B AND D. C. SECTION Il WHO IS AN INSURED is deleted and replaced by the following SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as G22614 A Ed. 1294 An individual you and your spouse are in sureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business. c. An organization other than a partnership or joint venture 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 li ability as stockholders. 2. Any organization you newly acquire or form other than a partnership or joint venture 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. This coverage does not apply to bodily injury that occurred before you acquired or formed the organization. No person or organization is an insured with re spect to the conduct of any current or past part nership or joint venture that is not shown as a Named Insured in the Declarations. D. SECTION il LIMITS OF INSURANCE is deleted and replaced by the following SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Stop Gap Li ability Coverage Supplemental Schedule and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits. 2. Bodily Injury by Accident. The limit shown under Bodily Injury by Accident Each Accident in the Stop Gap Liability Coverage Supplemental Schedule is the most we will pay for all damages covered by this insurance because of bodily in jury to one or more employees in any one acci dent. A disease is not bodily injury by accident unless it results directly from bodily injury by ac cident. 3. Bodily Injury by Disease. The limit shown under Bodily Injury by Disease Aggregate Limit in the Stop Gap Liability Coverage Supplemental Schedule is the most we will pay for all damages covered by this insurance and arising out of Page 20f 3 | 2 |
G22614 A Ed. 1294 podily injury by disease regardless of the num ber of employees who sustain bodily injury by disease. Bodily injury by disease does not in clude disease that results directly from a bodily injury by accident. 4. Bodily Injury by Disease. Subject to 3. above the limit shown under Bodily Injury by Disease Each Employee in the Stop Gap Liability Cover age Supplemental Schedule is the most we will pay for all damages because of bodily injury by disease to any one employee. Bodily Injury by disease does not include disease that results di rectly from a bodily injury by accident. The limits of this coverage 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 addi tional period of less than 12 months. In that case the additional period will be deemed part of the last pre ceding period for purposes of determining the Limits of Insurance. Condition 4. OTHER INSURANCE of the CONDI TIONS Section IV is deleted and replaced by the fol lowing 4. OTHER INSURANCE This insurance is excess over any other valid and collectible insurance. F. SECTION V DEFINITIONS is amended by the fol lowing A. Definition 4 coverage territory is deleted and replaced by the following 4. Coverage Territory means a. The United States of America including its territories and possessions and Can ada or 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. B. The following Definition is added Workers Compensation Law means the Workers Compensation Law and any Occupational Disease Law. This does not include provisions of any law providing non occupational disability benefits of each state territory or possession named in the Stop Gap Liability Coverage Supplemental Schedule. 910002052220700000200 G22614 A Ed. 1294 Page 30f 3 | 2 |
G300304 A Ed. 0506 CNA 10020000040222502000164 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI MOLD MILDEW YEAST MICROBE EXCLUSION NON CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 Fungi and Microbes 1 Bodily injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. But this exclusion does not apply where your business is food processing sales or serving and the bodily injury is caused solely by food poisoning in connection with such processing sales or serving. 2 Property damage arising out of or relating to the actual alleged or threatened contact with exposure to existence of or growth or presence of any fungi or microbes. 3 Any loss cost or expense arising out of or relating to the 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 microbes by any insured or by anyone else. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal and Advertising Injury Liability This insurance does not apply to Fungi and Microbes 1 Personal and advertising injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes. 2 Any loss cost or expense arising out of or relating to the 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 microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury loss cost or expense.. The following definitions are added to Section V Definitions Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. But fungi does not include any fungi intended by the insured for consumption. Microbe means any non fungal microorganism or non fungal colony form organism that causes infection or disease. Microbe includes any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of microbes. But microbe does not mean microbes that were transmitted directly from person to person.. The following condition is added to Section IV Commercial General Liability Conditions Arbitration For property damage the determination of what portion of a loss is attributable to fungi and microbes and what portion is not shall be made by us. If you disagree with that determination you and we agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association or according to such other rules as you and we agree to. If binding arbitration of insurance disputes is not allowed in the state where you are incorporated or if you are not a corporation the state where you are domiciled then arbitration shall be non binding and shall only proceed if both you and we agree to enter into it. The arbitration will be held in the county where you are headquartered or at such other location as may be jointly agreed to by the arbitrators. Each party will bear its own arbitration costs. G300304 A Ed. 0506 Page 1 of 1 | 2 |
G43316 C Ed. 0698 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE FORM FARM COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK POLLUTION LIABILITY COVERAGE FORM This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a by reason of a claim or suit for any such injury or damage or b in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 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 4 inhaled or ingested or 5 transmitted by any other means. 5910002052220700000200 G43316 C Ed. 0698 Page 1 of 1 | 2 |
G43815 C Ed. 0801 CNA COMMERCIAL GENERAL LIABILITY COVERAGE FORM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE This endorsement modifies insurance provided under the following The provisions of this endorsement apply only as respects Employee Benefit Liability Coverage afforded hereunder. SECTION COVERAGES is amended to include the following EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement. We will pay those sums that the insured becomes legally obligated to pay as damages because of a negligent act error or omission of 1 The insured or 2 Any other person for whose acts the insured is legally liable if such act error or omission is committed in the administration of your employee benefit program. We will have the right and duty to defend any suit seeking those damages. We may at our discretion investigate any report of a negligent act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION Ill LIMITS OF INSURANCE of this endorsement 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. 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 of the Commercial General Liability Coverage Form to which this endorsement is attached. This insurance applies only to negligent acts errors or omissions which 1 Take place in the coverage territory and 2 Occur during the policy period or 3 Occurred prior to the policy period where a There is no other insurance which is valid and collectible or I would be valid and collectible but for the exhaustion of the limits of insurance b The insured had no prior knowledge or could not reasonably have foreseen any circumstances which might result in a claim or suit c The claim or suit is brought during the policy period and d The insured notifies us in writing. 2. Exclusions. This insurance does not apply to a. Loss arising out of a 1 Dishonest 2 Fraudulent 3 Criminal or 4 Malicious act error or omission committed by an insured Bodily injury property damage or personal and advertising injury Loss arising out of discrimination Loss arising out of failure of performance of a contract by an Insurer Loss arising out of insufficient funds to meet an obligation under a plan included in the employee benefit program Claim or suit based upon 1 Failure of an investment to perform as represented by any insured or 2 Advice given to a person to participate or not participate in a plan included in the employee benefit program. Loss arising out of your failure to comply with mandatory provisions of laws concerning 1 Workers Compensation 2 Unemployment Insurance 3 Social Security 4 Disability benefits or 5 Any similar law. S is amended to include the k BILITY ums that the insured becomes bay as damages because of a e 9910002052220700000200 G43815 C Ed. 0801 Page 10f 3 | 2 |
G43815 C Ed. 0801 h. Loss arising out of liability of an insured as a fiduciary under 1 EMPLOYEE RETIREMENT SECURITY ACT of 1974 or 2 INTERNAL REVENUE CODE of 1986 including the INTERNAL REVENUE CODE of 1954 and their amendments. SECTION Il WHO IS AN INSURED is deleted in its entirety and replaced by the following INCOME 1. If you are designated in the Commercial General Liability 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 or your business c. An organization other than a partnership or joint venture you are an insured. Your directors and stockholders are also insureds but only with respect to their liability as your directors or stockholders. 2. Each of the following is also an insured a. Each of your partners executive officers and employees who is authorized to administer your employees benefit program. b. 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 endorsement. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Commercial General Liability Declarations. SECTION lil LIMITS OF INSURANCE is deleted in its entirety and replaced by the following 1. Limits of Insurance. a. The Limits of Insurance shown in the Supplemental Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions which result in loss or 5 Plans included in your employee benefit program b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions committed in the administration of your employee benefit program c. Subject to b. above the Each Employee Limit is the most we will pay for all damages sustained by any one employee including the employee s dependants and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit program. Limits of Insurance of this Coverage 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 preceding period for purposes determining the Limits of Insurance. 2. Deductible. a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Supplemental Schedule as applicable to Each Employee. The Limits of Insurance applicable to Each Employee will be reduced by the amount of this deductible. The Aggregate limit will not be reduced by the application of such deductible. b. The terms of this insurance including those with respect to 1 Our right and duty to defend suits seeking those damages and 2 Your duties in the event of an act error omission claim or suit apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of 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. SECTION IV CONDITIONS is amended as follows 1. ltem 2. Duties In the Event of Occurrence Claim or Suit is deleted in its entirety and replaced by the following is also an insured partners executive officers and is authorized to administer your efit program. sentative if you die but only with 5 as such. That representative will rights and duties under this ation is an insured with respect to urrent or past partnership or joint hown as a Named Insured in the Liability Declarations. DF INSURANCE is deleted in its the following f Insurance shown in the chedule and the rules below fix pay regardless of the number of e or suits brouaht CECT G43815 C Ed. 0801 Page 20f 3 | 2 |
G43815 C Ed. 0801 H Duties In the Event of Act Error Omission Claim or Suit. a. You must see to it that we are notified promptly in writing of an act error or omission which may result in a claim. Notice should include 1 How when and where the act error or omission took place and 2 The names and addresses of injured persons and witnesses b. If a claim is made or suit is brought against an Insured you must see to it that we receive prompt written notice of the claim or suit c. You and any other involved Insured must 1 Immediately send us copies of any demands notices summons 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 a Investigation b Settlement or c Defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against a 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 their own cost voluntarily 1 Make a payment 2 Assume an obligation or 3 Incur an expense without our consent. Item 4. Other Insurance is deleted in its entirety and replaced by the following Other Insurance. Except for a loss which is the result of a negligent act error or omission which occurred prior to the policy period if other valid and collectible insurance is available to the Insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance 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 b. below. b. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it 1 Has paid its applicable limit of insurance or 2 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. SECTION V DEFINITIONS is amended as follows The following definitions are added Employee benefit program means the following plans a. Group life insurance group accident or health insurance profit sharing plans pension plans and stock distribution plans provided that no one other than an employee may subscribe to such insurance or plans b. Unemployment insurance social security benefits workers compensation and disability benefits c. Other similar plan designated in the Supplemental Schedule or added by endorsement. Administration means a. Counseling employees including their dependents and beneficiaries with respect to the employee benefit program b. Handling records in connection with the employee benefit program or c. Effecting or terminating an employee s participation in a plan included in the employee benefit program Employee means your officers and employees whether actively employed disabled or retired. G43815 C Ed. 0801 Page 30f 3 | 2 |
G55157 B Ed. 0288 CNA PREMIUM BASES To be used with the General Liability Schedule Per 1000 Sq. ft. LR Lakes Reservoirs Each Each M Admissions Per 1000 Admissions Each ME Members Each Each Ml Miles Each Each MH Model Homes Each Each O Operators Each Each OE Operating Expenditures Per 1000 of Each OperatingExpenditures Each P Payroll Per 1000 of Payroll Per 1000 of Total Cost PD Passenger Days Per 1000 Passslg Each Camper Day PP Parks Playgrounds Each Each PR Parades Each s Each PS Persons Each Each PG Picnic Grounds Each Each PU Pupils Each Each R Receipts Per 1000 of Receipts Per Entity Described RG Registrants Each Each RN Range Each Each S Gross Sales Per 1000 of s Each Gross Sales Each SC Scouts Each Each SE Seats Each Each SP Swimming Pools Each eacher Each ST Stations Each Each TE Teams Each Each TO Towers Each Each U Unit Per Dwelling Unit Each VE Vehicles Per 1000 Vehicles Each VO Volunteers Each Each z Z00s Each H A AC AN Area Acres Animals Airports Attendants Bodies Beds Beaches Boats Total Cost Per Camper Days Contestants Convention Days Drawbridges Dams Dwellings Each Exhibitions Fairgrounds Faculty Members Fishing Piers Graduates Games Grandstands Bleacher Headquarters Hoists Kennels Locations Days Lessees Locations G55157 B Ed. 0288 Page 1 of 1 | 2 |
G144291 A Ed. 0303 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CONDITION The following condition is added to the COMMON POLICY CONDITIONS ECONOMIC AND TRADE SANCTIONS CONDITION In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following 1. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions 2. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions 3. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions 4. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or 5. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. 6910002052220700000200 G144291 A Ed. 0303 Page 1 of 1 | 2 |
IL 00 03 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. 0L10002052220700000200 IL 00 03 07 02 Copyright ISO Properties Inc. 2001 Page 1 of 1 | 2 |
IL00 17 1198 H A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and 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 insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating 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 recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. s 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 insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
L0021 11 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 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 nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy 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 required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitied 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 organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed 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 nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Source material special nuclear material and py product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 2L10002052220700000200 1 Copyright Insurance Services Office Inc. 1994 IL0o021 1194 | 2 |
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