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L0021 11 94 uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for c 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or 2 Copyright Insurance Services Office Inc. 1994 IL0o021 1194 | 2 |
IL 01401105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. The term spouse is replaced by the following Spouse or party to a civil union recognized under Connecticut law. B. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or civil union recognized under Connecticut law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under Connecticut law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached.. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recognized under Connecticut law who is a resident of your household including a ward or foster child. under Connecticut law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recognized under Connecticut law who is a resident of your household including a ward or foster child. L10002052220700000200 IL 01 40 11 05 Page 1 of 1 Copyright ISO Properties Inc. 2005 | 2 |
INTERLINE IL 0260 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART STANDARD PROPERTY POLICY. The Cancellation Common Policy Condition is 3. Cancellation of policies in effect for 60 days or replaced by the following more. Cancellation a. If this policy has been in effect for 60 days or 1. The first Named Insured shown in the more or this is a renewal of a policy we Declarations may cancel this policy by mailing or issuedi we may cancel this policy by 99 delivering to us advance written notice of you written notice of cancellation at least cancellation. 1 10 days before the effective date of cancellation if we cancel for one or more 2. Cancellation of policies in effect for less than 60. of the following reasons days. If this policy has been in effect for less than 60 a Nonpayment of premium days and is not a renewal of a policy we issued b Conviction of a crime arising out of we may cancel this policy for any reason by acts increasing the hazard insured giving you written notice of cancellation at least against a. 10 days before the effective date of c Discovery of fraud or material cancellation if we cancel for nonpayment of misrepresentation by you in obtaining premium or the policy or in perfecting any claim b. 30 days before the effective date of thereunder cancellation if we cancel for any other reason. d Discovery of any willful or reckless act or omission by you increasing the 3. Cancellation of policies in effect for 60 days or more. a. If this policy has been in effect for 60 days or more or this is a renewal of a policy we issued we may cancel this policy by giving you written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for one or more of the following reasons a Nonpayment of premium b Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrepresentation by you in obtaining the policy or in perfecting any claim thereunder Discovery of any willful or reckless act or omission by you increasing the hazard insured against or c d PL10002052220700000200 IL 02 60 02 10 Copyright Insurance Services Office Inc. 2009 Page 1 of 2 | 2 |
e A determination by the Commissioner that continuation of the policy would violate or place us in violation of the law or 2 60 days before the effective date of cancellation if we cancel for one or more of the following reasons a Physical changes in the property which increase the hazard insured against b A material increase in the hazard insured against or c A substantial loss of reinsurance by us affecting this particular line of insurance. b. We may not cancel policies in effect for 60 days or more or renewal policies for any reason other than the reasons described in Paragraph 3.a. above. c. If we cancel for nonpayment of premium you may continue the coverage and avoid the effect of the cancellation by payment in full at any time prior to the effective date of cancellation. d. Notice of cancellation will be delivered or sent by 1 Registered mail 2 Certified mail or 3 Mail evidenced by a United States Post Office certificate of mailing.. We will give notice to you at your last mailing address known to us.. Notice of cancellation will state the specific reason for the cancellation and the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed proof of mailing will be sufficient proof of notice.. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver to you a written notice of nonrenewal stating the specific reason for nonrenewal at least 60 days before the expiration date of this policy. The notice will be sent to your address last known to us. 2. This notice will be delivered or sent by a. Registered mail b. Certified mail or c. Mail evidenced by a certificate of mailing. If notice is mailed proof of mailing is sufficient proof of notice. 3. However we are not required to send this notice if nonrenewal is due to your failure to pay any advance premium required for renewal. 4. With respect to automobile liability insurance policies only your policy shall terminate on the effective date of any other insurance policy you purchase with respect to any automobile designated in both policies. Page 2 of 2 Copyright Insurance Services Office Inc. 2009 IL 026002 10 | 2 |
INSURANCE PREMIUM AUDIT An accurate audit benefits you and your business. What is it and why do you need it A premium audit is a determination of the actual insurance exposures for the coverages you have based on an examination of your operation records and books of account. When your policy is issued your premium is estimated based on your business circumstances and information provided at that time. An audit establishes the correct premium base for your insurance coverage by verifying actual exposures. After your audit an adjustment will be made to the premium that was estimated at issuance. An audit is necessary after the expiration of a policy with a variable premium base such as payroll or sales. Some types of coverage subject to audit are Workers Compensation General Liability Premises Operations Liabilty Products Completed Operations Automobile Liabilty Garage Liability Liquor Liability Funeral Directors Liability Product Recall and Replacement Printer s EO Correction of Work Payroll Records Checklist This list provides a good indication of the materials your auditor may need to complete your premium audt. Journals Ledgers TaxReports. Individual Earnings Cards Vehicle Titles Registrations or Ownership Cash Disbursements Tax Reports You can also expect your auditor to observe your business operations and ask questions about your records. gKeeping good records may save you time and money S1f you are eligible for allowable credits based on insurance manual classification and rating rules you will need to provide the necessary records and detail to take advantage of the credits. Payroll remuneration for services performed by an S employee is the basis for many insurance premiums. Remuneration includes any Smoney paid for services or any substitute for money such as Bonuses Vacation holiday or sick pay Wages or commissions Payments for piece work Proft sharing plans Value of board lodging Overtime Tool allowance Statutory payments Store certificates Other substitutes for cash cheduling the Audit s the time for your audit approaches a staff auditor from GNA o one of our uthorized vendors will contact you to schedule the audit. Our current vendors are surance Audit Services IAS Information Providers Inc. IP1 and U.S. Insurance ervices USI. Payroll Records Guidelines Overtime Show overtime pay in excess of straight time pay separately by employee and in summary by classification of work by state. Division of Payroll Division of payroll between classifications may be allowed for certain construction and other types of risks. Where division of payroll is allowed individual employee payroll records should show the number of hours and amount of payroll for each type of work. Without such records the full salary must be charged to the employee s highest rated classification. Division of payroll is not available for outside sales persons 8742 auto salesperson 8748 clerical 8810 clerical telecommuter 8871 and drivers 7380. Subcontractors CNA requires all subcontractors hired by you to carry General Liabilty andor Umbrella Liabilty limits of at least 1 million on an accurrence based policy. Prior to allowing a subcontractor to work for you you should obtain a Certificate of Insurance from the subcontractor evidencing these minimun limits. At final audit we will examine the Certificates of Insurance for all work subcontracted during the policy term. Any subcontracted work for which we are not provided a Cerificate of Insurance and any subcontracted work which was insured with liability limits less than 1 million will be converted to ratable payroll on your policy resulting in an additional premium charge owed by you. To prevent this additional premium charge and to reduce the risk of your General Liability coverage being applied to cover claims that arise from work performed by your subcontractors you must obtain Cerificates of Insurance evidencing 1 million in liability limits from all of your subcontractors. Prevailing Wage For policyholders in PA DE NJ and CA contact your CNA premium auditor for details concerning the records required relating to cash payments in lieu of prevailing fringe benefits. PA DE NV and UT do not allow overtime credit for Workers Compensation coverage. Overtime credit is allowed in all states for General Liability coverages. Please contact us with questions For policyholders in DC MA MD ME NH NJ NY PA RI VA VT WV CT DE CNA Premium Audit Dept. 401 Penn Street Reading PA 19612 6020 Phone 800 262 9633 Fax 610 208 6571 For policyholders in all other states CNA Premium Audit Dept. 2405 Lucien Way Maitland FL 32794 6240 Phone 800 847 2736 Fax 407 919 3610 CNA One or more of the CNA companies provide the products andlor services described. The information s intended to present a general overview for ilusirative purposes only. It is not infended to constite a binding contract. Please remember that only the relevant insurance policy can provide the actual terms coverages amounts condiions and exclusions for an insured. Al products and services may not be avaiable in al states and may be subject to change without notice. CNA is 2 registered trademark with CNA Financial Corporation. Copyright 2011 CNA. Al ights reserved. PREM AUDIT FLR 091608 Compensation Liability s Operations Liability s Completed Operations bile Liability Liability iability Directors Liability Recall and Replacement E80 Correction of Work ords Checklist des a good indication of the materials your auditor may need to ir premium audit. 3 horts al Eamings Cards Titles tions or Ownership isbursements Tax Reports expect your auditor to observe your business operations and ask out your records. CT DE CNA | 2 |
CNA 333 S Wabash Chicago lllinois 60604 Policy Number From Policy Period To Coverage Is Provided By Agency 4022250200 050114 050115 National Fire Insurance of Hartford 060692310 Named Insured And Address Agent PHOENIX BRANDS PARENT LLC LOCKTON COMPANIES LLC ONE LANDMARK SQUARE SUITE 1810 444 W. 47TH ST. 900 STAMFORD CT 06901 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL ESTIMATED PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS EFFECTIVE DATE 05012014 06012014 07012014 08012014 09012014 10012014 11012014 12012014 TOTAL PREMIUM PREMIUM 10366. 4442. 4442. 4442. 4442. 4442. 4442. 4442. 41460. 9L10002052220700000200 ISSUE DATE 052814 | 2 |
LL10002052220700000200 END OF COPY | 2 |
CNA Canadian Operations 250 Yonge Street Suite 1500 CNA Toronto Ontario M5B 2L7 Continental Casualty Company Rereinatter called the insurer BROKER POLICY NUMBER CGL 292002491 since 2013 RENEWAL OF Same BFL Canada Risk and Insurance Services Inc. 181 University Avenue Suite 1605 Toronto Ontario MS5H 3M7 THE INSURER IN CONSIDERATION OF THE PAYMENT OF THE PREMIUM IN RELIANCE UPON THE STATEMENTS IN THE DECLARATIONS MADE A PART HEREOF AND SUBJECT TO ALL THE TERMS OF THIS POLICY AGREES WITH THE NAMED INSURED AS FOLLOWS DECLARATIONS NAMED INSURED Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C OH1 BUSINESS OF NAMED INSURED IS As Known to Insurer POLICY PERIOD M D Y FROM April 30 2014 TO April 30 2015 1201 Standard Time at the name insured as stated above. COVERAGE AND PREMIUM THE INSURANCE AFFORDED UNDER THIS POLICY IS ONLY WITH RESPECT TO THE COVERAGE RIDER S INDICATED BELOW AND WHICH A PREMIUM CHARGE IS SPECIFIED. RIDER AMT. INSURED OR LIMIT OF DESCRIPTION NO. LIABILITY IN PREMIUM As per attached See attachement 3382 This policy contains a clause that may limit the amount payable. Note For purposes of the Insurance Companies Act Canada this document was issued in the course of Continental Casualty Company s insurance business in Canada. IN WITNESS WHEREOF CONTINENTAL CASUALTY COMPANY TOTAL PREMIUM 3382 USD HAS CAUSED THIS POLICY TO BE SIGNED BY TS CHAIRMAN SECRETARY AND CHIEF AGENT. Chairman of the Board 2 Sectretary Chief Agent for Canada Date of Issue June 12 2014 CNA Canadian Operations 250 Yonge Street Suite 1500 Toronto Ontario M5B 2L7 Continental Casuahy Company Rereinatter called the insurer BROKER POLICY NUMBER CGL 292002491 since 2013 RENEWAL OF Same BFL Canada Risk and Insurance Services Inc. 181 University Avenue Suite 1605 Toronto Ontario MS5H 3M7 DECLARATIONS NAMED INSURED Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C OH1 BUSINESS OF NAMED INSURED IS As Known to Insurer POLICY PERIOD M D Y FROM April 30 2014 TO April 30 2015 1201 Standard Time at the name insured as stated above. COVERAGE AND PREMIUM THE INSURANCE AFFORDED UNDER THIS POLICY IS ONLY WITH RESPECT TO THE COVERAGE RIDER S INDICATED BELOW AND WHICH A PREMIUM CHARGE IS SPECIFIED. RIDER AMT. INSURED OR LIMIT OF DESCRIPTION NO. LIABILITY IN PREMIUM As per attached See attachement 3382 This policy contains a clause that may limit the amount payable. Note For purposes of the Insurance Companies Act Canada this document was issued in the course of Continental Casualty Company s insurance business in Canada. IN WITNESS WHEREOF CONTINENTAL CASUALTY COMPANY TOTAL PREMIUM 3382 USD HAS CAUSED THIS POLICY TO BE SIGNED BY TS CHAIRMAN SECRETARY AND CHIEF AGENT. Chairman of the Board 2 Sectretary Chief Agent for Canada Date of Issue June 12 2014 e nAde As per attached See attachement.ALm Bodh Secretary MQ M Chief Agent for Canada | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate CONTINENTAL CASUALTY COMPANY DECLARATION OF INSURANCE COVERAGES Please read your policy very carefully and refer to your broker if you have any questions. Part Coverage Part Number COMMERCIAL GENERAL Included Part I LIABILITY PROPERTY Not Included Part I1 BOILER MACHINERY BUSINESS INTERRUPTION Not Included Part 111 INLAND MARINE Not Included Part IV CRIME Not Included Part V AUTOMOBILE Not Included Part VI Automobile Insurance is nrovided Not Included Part I1 Not Included Not Included Not Included Not Included Not Included Not Included Part Il Part IV Part V Part VI Automobile Insurance is provided only to the extent indicated in the Automobile Insurance forms attached. Part VII Part VIII Not Included Not Included UMBRELLA ADDITIONAL COVERAGES Annual Premium 3382.00 USD Insurance is afforded only under those Parts of the Policy designated by the word Included opposite such Part. The insurance afforded under such Part is only in the amounts and to the extent set forth in such Part subject to all terms of the Policy having reference thereto. | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate ONTARIO GOVERNMENT COMMERCIAL LIABILITY STATISTICAL PLAN NOTICE TO INSUREDS Pursuant to the Freedom of Information And Protection of Privacy Act. LEGAL AUTHORITY FOR COLLECTION Insurance Act R.S.0. 1990.18 as amended section 1011. PRINCIPAL PURPOSE FOR WHICH PERSONAL INFORMATION IS INTENDED TO BE USED Information collected by insurers from insureds or supplied to insurers pertaining to the attached document will be used to compile aggregate statistical data to be used in monitoring trends in the insurance industry to develop statistical exhibits to be used in monitoring the insurance industry torespond to the requests for customized statistical information on the insurance industry torespond to inquiries on statistical information made to Office of the Superintendent of Insurance and touse and disclose such information for purposes which are consistent with previous clauses. THE PUBLIC OFFICIAL WHO CAN ANSWER QUESTIONS ABOUT THE COLLECTION IS Freedom of Information Co ordinator Ministry of Finance Freedom of Information and Protection of Privacy Office 33 King Street West 6 Floor Oshawa Ontario LIH 8H5 Telephone 905 433 6028 | 2 |
CNA Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal addr shown on this certificate Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. COMMERCIAL PACKAGE POLICY THIS POLICY CONTAINS A CLAUSES THAT MAY LIMIT THE AMOUNT PAYABLE No term or condition of this Policy shall be deemed to be waived in whole or in part by the Insurer unless the waiver is clearly expressed in writing signed by a person authorized for that purpose by the Insurer. In Witness Whereof the Insurer has executed and attested these presents but this Policy shall not be valid unless signed by a duly Authorized Representative of the Insurer. | 2 |
CNA Named Insured Policy No. CGL 292002491 Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate GENERAL PROVISIONS Applicable to All Parts Unless Otherwise Noted 1 ASSIGNMENT Assignment of this Policy shall not be valid except with the written consent of the Insurer. INSURANCE UNDER MORE THAN ONE PART In the event of loss or damage to property covered hereunder the Insurer shall not under any circumstances be liable for more than the actual loss sustained by the Insured even though more than one Part applies to such loss. PREMIUM The provisional premium stated on the Declaration Page is an estimated premium only. Upon termination of this Policy the earned premium shall be computed in accordance with the Insurer s rules rates rating plans premiums and minimum premiums applicable to this insurance. If the earned premium thus computed exceeds the premium paid the Insured named on the Declaration Page shall pay the excess to the Insurer if less the Insurer shall return to the Insured named on the Declaration Page the unearned portion paid by the Insured. INSPECTION AND AUDIT The Insurer or its duly appointed representative shall be permitted but not obligated to inspect the property and operations of the Insured named on the Declaration Page at any time. Neither the Insurer s rights to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Insured named on the Declaration Page or others to determine or warrant that such property or operations are safe or healthful or are in compliance with any law rule or regulation. The Insurer may examine and audit the books and records of the Insured named on the Declaration Page at any time during the Policy period and extensions thereof and within three years after the final termination of this Policy as far as they relate to the subject matter of this insurance. Such inspection or examination shall not waive nor in any manner affect any of the terms or conditions of this Policy. WAIVER OF TERM OR CONDITION No term or condition of this Policy shall be deemed to be waived by this Insurer in whole or in part unless the waiver is clearly expressed in writing signed by a person authorized for that purpose by the Insurer. Neither the Insurer nor the Insured shall be deemed to have waived any term or condition of this Policy by any act relating to the appraisal of the amount of loss or to the delivery and completion of proofs or the investigation or adjustment of any claim under this Policy. NOTICE TO AUTHORITIES Where loss is due to malicious acts theft burglary robbery or attempt thereat or is suspected to be so due the Insured shall give immediate notice thereof to the Police or other authorities having jurisdiction. OTHER INSURANCE PARTS II IIl AND IV This Policy shall apply only as excess insurance over any other valid and collectible insurance which would apply in the absence of this Policy. LOSS PAYABLE CLAUSE PARTS II III AND IV if any shall be adjusted with and payable to the Insured named on the Declaration Page unless another payee is Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate | 2 |
CNA 10. 11. 12. 13. 14. 15. 16. 17. 18. BREACH OF CONDITIONS PART I IIl AND IV Where a loss occurs and there has been a breach of condition relating to a matter before the happening of the loss which breach would otherwise disentitle the Insured from recovery under this Policy the breach shall not disentitle the Insured from recovery if the Insured establishes that the loss was not caused or contributed to by the breach of condition or if the breach of condition occurred in any portion of the premises over which the Insured has no control. REINSTATEMENT PARTS II Il AND IV Any loss hereunder shall not reduce the amount of insurance under this Policy SUE AND LABOUR PARTS II IIl AND IV It is the duty of the Insured in the event that any property insured hereunder is lost to take all reasonable steps in and about the recovery of such property. The Insurer shall contribute pro rata towards any reasonable and proper expenses in connection with the foregoing according to the respective interest of the parties. ABANDONMENT PARTS II IIl AND IV There can be no abandonment to the Insurer of any property NO BENEFIT TO BAILEE PARTS IL III AND IV It is warranted by the Insured that this insurance shall in no wise enure directly or indirectly to the benefit of any carrier or other bailee. PAIRS SETS AND PARTS PARTS II III AND IV a In the case of loss of damage to any article or articles whether scheduled or unscheduled which are a part of a set the measure of loss of or damage to such articles shall be a reasonable and fair proportion of the total value of the set but in no event shall such loss or damage be construed to mean total loss of set b In the case of loss of or damage to any part of the Insured property whether scheduled or unscheduled consisti complete for use of several parts the Insurer is not liable for more than the insured value of the part lost or damaged including the cost of installation. CLAIMS AGAINST THIRD PARTIES PARTS IL III AND IV In the event of any loss of or damage to the property covered hereunder the Insured shall immediately make claim in writing against the carriers bailees or others involved. IMPAIRMENT OF RECOVERY RIGHTS PART IV Any act or agreement by the Insured before or after loss or damage whereby any right of the Insured to recover in whole or in part for loss or damage to property covered hereunder against any carrier bailee or other party liable therefore is released impaired or lost shall render this insurance and void but the Insurer s right to retain or recover the premium shall not be affected. The Insurer is not liable for any loss or damage which without its written consent has been settled or compromised by the Insured. LIBERALIZATION If during the Policy period the Insurer issues any authorized endorsement or rules or regulations affecting the Policy are revised by statute or otherwise so as to broaden the insurance coverage without an additional premium charge such extended or broadened insurance shall become a term of this Policy and shall inure to the benefit of the Insured. TERMINATION OF INSURANCE This contract may be terminated in accordance with Statutory Condition 5 or if applicable General Condition 1. 2 of the Civil Code of the Province of Quebec Title Fifth of Insurance replaced 1974 Bill 7 5.2. subject to the following modifications a The Insurer agrees that where notice of termination is not personally delivered and termination is for any reason other than non payment of premium the Insurer will not terminate this contract without first giving to the Insured thirty days written notice of termination. The Insurer further agrees that except in the Province of Quebec such written notice of termination will be by registered mail addressed to the Insured at the latest post office address as notified to the Insurer. b Except in the Province of Quebec the thirty days mentioned in subcondition a of this provision commences to run on the day following receipt of the registered letter at the post office to which it is addressed. In the Province of Quebec the thirty days mentioned in subcondition a of this provision commences to run from the date of receipt of the notice of termination at the Insured s latest known address. | 2 |
CNA 19. SPECIAL PROVISIONS AND EXCLUSIONS RELATING TO AUTOMOBILE a YUKON PRINCE EDWARD ISLAND NOVA SCOTIA NEWFOUNDLAND NEW BRUNSWICK ONTARIO This contract may be terminated 1 by the Insurer giving to the Insured 15 days notice of termination by registered mail or 5 days written notice of termination personally delivered 2 by the Insured at any time upon request. b NORTHWEST TERRITORIES This contract may be terminated 1 by the Insurer giving to the Insured 15 days notice of termination by registered mail or 5 days written notice of termination personally delivered and by notifying the Registrar of Motor Vehicles as required by the Vehicle Ordinance 2 by the Insured at any time upon request. QUEBEC 1 This policy may be cancelled at any time at the request of the Insured named therein and the Insurer shall upon surrender of the policy refund the excess of paid premium above the premium earned for the time the policy has been in force on the basis of the Cancellation Table appearing in Q.P.F. No. 1 except that the Insurer shall in no event retain less than the minimum retained premium specified in the Declarations. 2 The Insurer may cancel a contract within 60 days after its coming into force by a mere notice to the Insured in such case the contract is terminated 15 days after such notice is received. At the expiry of such period of 60 days an insurance contract shall not be cancelled by the Insurer except in the case of an aggravation of risk which is likely to materially influence a reasonable Insurer in the decision to continue to insure or when the premium has not been paid. The Insurer so wishing to cancel the contract shall notify the Insured in writing the cancellation has effect 30 days after such notice is received or if the automobile insured with the exception of a school bus is an automobile contemplated in Title VIILI of the Highway Safety Code fifteen days after receipt of the notice. 20. NOTICE Any written notice to the Insurer may be delivered at or sent by registered mail to the agent through whom this Policy was issued or to any branch of the Insurer in Canada. Written notice may be given to the Insured named on the Declaration Page by letter personally delivered to him or by registered letter addressed to him at his last post office address notified to the Insurer or except in Quebec where no address is notified and the address is not known addressed to him at the post office of the agency if any from which the application was received. In this condition the expression Registered shall mean registered in or outside Canada. Notice to the first Insured named on the Declaration page shall constitute notice to all Insureds. 21. CONFORMITY WITH STATUTE Where the terms of this Policy and forms attached hereto are in conflict with the statutes of the Province in which the property insured is located such terms are hereby amended to conform to such statutes. | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate Attached to and forming part of the above numbered Policy. COMMON POLICY GENERAL PURPOSE ENDORSEMENT CURRENCY CLAUSE It is hereby understood and agreed that all limits of insurance premiums and other amounts as expressed in this Policy are in US currency. | 2 |
CNA CONTINENTAL CASUALTY COMPANY COMMERCIAL GENERAL LIABILITY DECLARATIONS RT 1 Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate 1. LIMITS OF INSURANCE Each Occurrence Limit Personal Injury and Advertising Injury Limit Products and Completed Operations Limit General Aggregate Limit if applicable. Medical Expense Limit Tenants Legal Liability Limit Non Owned Automobile Coverage 1.000.000 1.000.000 1.000.000 1000.000 10000 Limit s for any one person 50000 Limit is for any one accident 1000000 Limit is for any one premise 1.000.000 Legal Liability for Damage to Hired Auto 50000 is for any one accident Deductible is 1000 Employer s Liability 1000000 Employee Benefits Liability 1000.000 2. OPERATIONS OF INSURED Cellular Telephone Service Locations As per file with Company 3. PREMIUM Total Premium 3382 USD Advance Premium Exposure base Minimum Retained Premium Rate Flat 4. SCHEDULE OF DEDUCTIBLES Bodily Injury NIL Property Damage NIL SCHEDULE OF RIDERS AND ENDORSEMENTS Commercial General Liability General Aggregate Endorsement Employee Benefits Liability Employers Liability Endorsement Non Owned Automobile InsuranceSPF No 6 SEF 94 Legal liability for damage to hired Autos SEF 96 Contractual Liability Endorsement SEF 99 Excluding Long Term Leased Vehicle Exclusions War or Terrorist A Cyber Risk Exclusion Silica Exclusion Respirable Dust Exclusion Mold Exclusion Declaration of Emergency licable age lired Auto 3382 USD DUCTIBLES RSEMENTS SPF No 6 0 hired Autos rsement Ny | 2 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BASIS Various provi ns in this form restrict coverage. Read the entire form carefully to determine rights duties and what is and is not covered. Throughout this form the words you and your refer to the Named Insured shown on the Declaration Page of your policy. The words we us and our refer to the Insurer providing this insurance. The word insured means any person or organization qualifying as such under SECTION II WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. In return for the payment of the premium and subject to all the terms of this form we agree with you to provide insurance as stated in this form. SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily ury or property damage to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B AND D. This rance applies only to bodily injury and property damage which occurs during the policy period. The bodily injury or property damage must be caused by an occurrence. The occurrence must take place the coverage territory. We will have the right and duty to defend an action seeking those damages but 1. The amount we will pay for damages is limited as described in SECTION HI LIMITS OF INSURANCE 2. We may investigate and setle any claim or action at our discretion and 3. Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or setlements under Coverages A B or D or medical expenses under Coverage C. b Damages because of bodily injury include damages Jaimed by any person or organization for care loss of services or death resulting at any time from the bodily. Property damage that is loss of use of tangible property that is not physically injured shall be deemed 0 occur at the time of the occurrence that caused it 2. Exclusions. This insurance does not apply to a. Bodily injury or property damage expected or ended 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 Bodily injury or property damage for which the red 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 sumed in a contract or agreement that is an insured contract or 2. That the insured would have in the absence of the contract or agreement. Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. Bodily injury to an employee of the insured arising out of and in the course of employment by the insured. This exclusion applies a Whether the insured may be liable as an employer or in any other capacity and b To any obligation to share damages with or repay someone else who must pay damages because of the jury. exclusion does not apply To liability assumed by the insured contract or ii To employees on whose behalf contributions are made by or required to be made by the insured under the provisions of any workers compensation law.. 1 Bodily injury or property damage arising out of the ownership use or operation by or on behalf of any insured of Any automobile b Any motorized snow vehicle or ts trailers Any vehicle while being used in any speed or demolition contest or in any stunting activity or in practice or preparation for any such contest or activity or d Any vehicle which if it were to be insured would be required by law to be insured under a contract evidenced by a motor vehicle liability policy. or any vehicle insured under such a contract but this wred under an on of machinery apparatus or equ mounted on or attached to any vehicle while at the site of the use or operation of such equipment. 2 Bodily injury or property damage with respect to which any motor vehicle liability policy i in effect or would be in effect but for is termination upon exhaustion of its limit of liability or is required by law 0 be in effect. on e. does not apply to 0 bodily injury to an employee of the Insured on whose behalf contributions are made by or required to be made by the Insured under the provisions of any workers compensation law. i bodily injury or property damage arising out of a defective condition in or improper maintenance of any automobile owned by the Insured while leased to others for a period or more provided the lessee is obligated under contract to ensure that the s insured. f. Bodily injury or property damage arising out of the ownership maintenance use operation loading or unloading or entrustment to others by or on behalf of any injured of any watercraft. This exclusion does not apply t0 1 A watercraft while ashore on premi rent 2 A watercraft that is Less than 8 meters long and b Not being used to carry persons or property for a charge. 3 Bodily injury to an employee of the insured on whose behalf contributions are made by or required to be made by the insured under the provisions of any workers compensation law. g Bodily injury or property damage arising out of the ownership maintenance use operation loading or unloading of a Any ai s you own or aft or JRY AND PROPERTY an a b d 2 Boc whic woul exha tobe This Ex i ii ii unlo injur t0 1 2 3 5272011 111900 AM C | 0 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BASIS b Any air cushion vehicle. 2 Bodily injury or property damage arising out of the ownership existence use or operation by or on behalf of any insured of any premises for the purpose of an airport or aircraft landing area and all operations necessary or incidental thereto. h. Property damage to 1 Property you own rent or occupy 2 Premises you sell give away or abandon if the property damage arises out of any part of those premi 3 Property loaned to you 4 Personal property in your care custody or control 5 That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is 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 Paragraph 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. i Property damage to your product arising out of it or any part of it j. Property damage to that particular part of 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. k. 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 1o the loss of use of other property arising out of sudden and accidental physical injury 0 your product or your work after it has been put to s intended use. 1. 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 odily injury or property damage or personal injury or advertising injury due to rendering or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications 3 Supervisory inspection or engineering services 4 Medical surgical dental x ray or nursing services treatment advice or instruction 5 Any health or therapeutic service treatment advice or struction. 6 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming 7 Optometry or optical or hearing aid services including the prescribing preparation fitting demonsiration or istribution of ophthalmic lenses and similar products or hearing aid de 8 Body piercing serv 9 Services in the practice of pharma does not apply to an insured whose operations include those of a retail druggist or drugstore. 10 Accountant s advertiser s lawyer s real estate brokers or agent s. insurance broker s or agent s travel agen s financial institution s or consultant s professional advices or activities 1 The handling and performance of any claim investigation adjustment appraisal or other service 12 Any computer hardware or software servicing programming or re programming data entry consulting advisory or related services. This exclusion does not apply to bodily injury or property damage personal injury or advertising injury arising from negligence in the administration of any first aid treatment given by or on behalf of the insured.. Pollution Liability See Common Exclusions 0. Nuclear Liability See Common Exclusions. p. War Risks See Common Exclu g Asbestos Liability See Common Exclusions. 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 injury or advertising injury to which this insurance applies. We will have the right and duty to defend any action seeking those damages but 1 The amount we will pay is limited as described in SECTION Il LIMITS OF INSURANCE 2 We may investigate and seule any claim or ction at our discretion and 3 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgements or settlements under Coverages AB or D or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES AB AND D. b This insurance applies to 1 personal injury caused by an offence arising out of your business excluding advertising publishing broadcasting or telecasting done by or for you dvertising injury caused by an offence committed in the course of advertising your goods products or services but only if the offence was coms territory during the policy period. 2. Exclusions This insurance does not apply to a. Personal Injury or Advertising Injus ed in the coverage ac ut 5272011 111900 AM C | 1 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BASIS c. 2 The failure of goods products or servi 1 Aising out of oral or writien publication of material if done by or at the direction of the Insured with knowledge of its falsity 2 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period 3 Arising out of the wilful violation of a penal statute or ordinance committed by or with the consent of the Insured or 4 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. Advertising Injury arising out of 1 Breach of contract other than misappropriation of advertising ideas under an implied contract o conform with advertised quality o performance 3 The wrong description of the price of goods products or services or tied by an Insured whose COVERAGE C. MEDICAL PAYMENTS 1 2. Insu We will pay medi bodily injury 2 On ways next to premis 3 Because of your operations provided that g Agreement deseribed below for s ent 1 On premises you own or rent 5 you own or rent or 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 The injured person submits to examination at our expense by physicians of our choice as ofien as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of rance. We will pay reasonable expenses for 1 First aid at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devic and 3 Necessary ambulance hospital professional nursing and funeral services Exclusions. We will not pay expenses for bodily injury Toa person. Toany insured. b To a person hired to do work for or on behalf of any i ed or a tenant of any insured. yjured on that part of premises you own or rent that the person normally occupies. d. To a person whether or not an employee of any sured who at the time of injury is entitled to benefits under any workers compensation or disability benefits law or a similar law.. Toaperson injured while taking part in athletics f. The payment of which is prohibited by law. g Included within the operations hazard. products completed h. Excluded under Coverage A. COVERAGE D. TENANTS LEGAL LIABILITY 1 Insuring Agreement We will pay those sums that the Insured becomes legally obligated to pay damages because of property damage to which this insurance applies. No other obligation or liability 0 pay sums or perform ac explicitly or services is covered unless SUPPLEMENTARY provided for under PAYMENTS COVERAGES A.B AND D. This insurance applies only to cupied by you. This insurance app damage property damage must be caused by an cccurrence or o roperty damage to premises rented to you 5 only to property which oceurs during the policy period. The occurrence must take place in the Coverage territory. We will have the right and duty to defend any action seeking those damages but a b The amount we will pay for damages is limited as described in SECTION NI LIMITS OF INSURANCE We may investigate and settle any claim or action at our discretion and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgements or settlements under Coverages AB or D or medical expenses under Coverage C. 2 Exclusions This insurance does not apply to a b Property damage expected or intended from the standpoint of the Insured. Property damage for which the Insured is obligated o pay by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. COMMON EXCLUSIONS COVERAGES A C AND D This insurance does not apply to 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 s or was at any time owned or occupied by or rented or loaned to any Insured At or from any premises site or location which s 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 any Insured or any person or organization for whom the Insured may be legally responsible or 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 i if the pollutants are brought on or to site or location in h operations by contractor or such Insured subcontractor or ii if the operations are to fest for monitor clean up remove contain 5272011 111900 AM C | 1 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BA treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Sub paragraphs and di of paragraph 1 of this exclusion do not apply to bodily injury or property damage out heat smoke or fumes from a hostile fire. As exclusion a hostile fie means one which becomes uncontrollable or breaks out from where it was intended to be. 2. Any loss cost or expense arising out of any a. Request demand or order that any Insured or others test for monitor clean up remove contain wreat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or action 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. Sub paragraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment of s 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 fuels lubricants or other operating fluids are intentionally discharged dispersed or released or if such fuels lubricants or other operating fluids are brought on or to the pres site or location with the intent to be discharged dispersed or released as part of the operations being performed by such Insured contractor or sub contractor. Pollutants means any solid liquid gaseous or thermal tant or contaminant including smoke. vapour sool fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Mobile equipment means any attached machinery or equipment including but not limited to 1 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2 Vehicles maintained for use solely on or next to premises you own or rent 3 Vehicles not described in 1 or 2 above maintained primarily for purposes other than the transportation of person or cargo.. Nuclear Energy Liability. Liability imposed by or a Liability Act b Bodily injury or property damage with respect to which an insured under this policy is also insured under a contract of nuclear energy liability insurance whether the insured is unnamed in such contract and whether or not it is legally enforceable by the insured issued by the Nuclear Insurance Association of Canada or any other insurer or group or pool of insurers or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability. Bodily injury or property damage resulting directly ing under the Nuclear 1 the ownership maintenance operation or use of a nuclear facility by or on behalf of an insured 2 the fumnishing by an insured of services materials parts or equipment in connection with the planning 3 construction maintenance operation or use of a nuclear facility the possession consumption use handling disposal or transportation of fissionable substances or of other radioactive material except radioactive isotopes away from a nuclear facility which have reached the final stage of fabrication so as to be useable for any scientific medical agricultural commercial or industrial purpos ributed handled or sold by an insured. A 1 The term nuclear energy hazard means the radioactive toxic explosive or other hazardous properties of radioactive material 2 The term radioactive material means uranium thorium plutonium neptunium their respective derivatives and compounds radioactive isotopes of other elements and any other substances that the Atomic Energy Control Board may by regulation designate as being prescribed substances capable of releasing atomic energy or as being requisite for the production use or application of atomic energy 3 The term nuclear facility means any apparatus designed or used o sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of plutonium thorium and uranium or any one or more of them b any equipment or device designed or used for i sparating the isotopes of plutonium thorium and uranium or any one or more of them i processing or utilizing spent fuel or iii handling processing or packaging waste any equipment or device used for the processing fabricating or alloying of plutonium thorium or uranium enriched in the isotope uranium 233 or in the isotope uranium 235 or any one or more of them if at any time the total amount of such material in the custody of the insured at the premi where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d any structure basin excavation premises or place prepared or used for the storage or disposal of waste radioactive material and includes the site on which any of the foregoing s located together with all operations conducted thereon and all premises used for such operations. 4 The term fissionable substance means any prescribed substance that is. or from which can be obtained a substance capable of releasing atomic energy by nuclear fission. War Risks Bodily injury or property damage due to war invasion act of foreign enemy. hostilities whether war be declared or not civil war rebellion revolution ary power. 3 constru nuclear the pos or tran other 4 commes handled n T 2 T 3 T b d The presc obtai 5272011 111900 AM C | 1 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BA er directly or indirectly out of ashestos whether or shestos is 1 Airbone as a fiber or particle 2 Contained in a product 3 Carried or transmitted on clothing or by any other means or Contained in or a part of any building b any building material any insulation product or d any component part of any building building material or insulation product We do not cover the investigation settlement or defence of any claim suit or proceeding against you alleging any actual or threatened injury or damage arising out of. or would not have occurred but for asbestos as described above. TARY PAYMENTS COVERAGES A B We will pay. with respect to any claim or action we defend a. All expenses we incur. b The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have o furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or action including actual loss of eamings up 10 250. a day because of time off from work. d. All costs taxed against the insured in the action and any interest accruing after entry of judgment upon that part of the judgment which is within the application limit of insuranc These payments will not reduce the limits of insurance. SECTION I WHO IS AN INSURED 1. If you are designated in the Liability Schedule. 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 a 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 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 liability as stockholders. 2. Each of the following is also an insured a. Your employees. trustees or volunteers other than your executive officers but only for acts within the Scope of their employment by you. However none of these employees is an insured for 1 Bodily injury or personal injury to you or to a co employee while in the course of his or her employment or 2 Bodily injury or personal injury to any person who at the time of injury is entitled to benefits under any workers compensation or disability benefits law or a similar law or 3 Bodily injury or personal injury arising out of his o her providing or failing to provide professional health care services or 4 Property damage to property owned or occupied by or rented or loaned to that employee any of your other employees or any of your partners or members if you are a partnership or joint venture. b. Any person other than your employee. or any organization while acting as your real estate manager. Any person o 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 respect to duties as such. That representative will have all your rights and duties under this form. 3. Any organization you newly acquire or form other than a partnership or joint venture and over which you maintain ownership or majority interest will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However. 2. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is ea b Coverages A and D do not apply to bodily injury or property damage that occurred before you acquired or formed the organization and. Coverage B does not apply to personal injury arising out of an offense committed before you acquired or formed the organization. 4. Members of any Insured company sponsored so recreational activities club or association. T al or. Any person firm or organization other than an architect or engineering firm for whom you have contracted to provide liability insurance Coverage under this provision is afforded as per the present policy terms limits and conditions and only with respect to your premis properties or your work. b Any person or organization hereinafier called Additional Insured with whom you agree in a written equipment lease or rental agreement to name as an insured is an insured with respect to liability arising out of the maintenance operation or use by you of the equipment leased 10 you by such person or organization subject to the following additional exclusions The insurance provided under 5 a. and b. above does not apply to 1 Bodily injury property damage or personal injury occurring after you cease to lease the equipment. 2 Bodily injury property damage or personal injury arising out of the sole negligence of the Additional s your Insured. 3 Property damage to 0 Property owned used or occupied by or rented to the Additional Insured or i Property in the care custody or control of the Additional Insured or over which the Additional Insured is for any purpose exercising physical control. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture e ii 5272011 111900 AM C | 1 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BA that is not shown as a Named Insured on the Declaration Page of your polic SECTION I LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Liability Schedule and the rules below fix the most we will pay regardless of the number of a Insureds b Claims made or actions brought or. Persons or organizations making claims or bringing actions. Subject 10 3. below the Each Occurrence Limi most we will pay for the sum of Damages under Coverage A and b Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one oc 3. Under Coverage A the Aggregate Limit s the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. 4. The Personal Injury and Advertising Injury Limit s the most we will pay under Coverage B for the sum of all damages because of all personal injury and advertising injury sustained by any one person or organization 5. The Tenants Legal Liability Limit is the most we will pay under Coverage D for damages because of property damage to any one premises. 6. Subject to 2. 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 this form 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 on the Declaration Page of your policy unless the policy period is extended afer 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. the SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptey. Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this form. 2. Canadian Currency Clause. All limits of insurance premiums and other amounts expressed in this policy are in Canadian currency 3. Cancellation. This policy may be cancelled by the Insured named on the Declaration Page o the Insurer in accordance with provisions of the Termination of Insurance clause set out in the General Provisions of this policy. 4. Changes This form contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown on the Declaration Page of your policy is authorized to make changes in the terms of this form with our consent form s can be amended or waived only by endorsement issued by us and made a part of this form. 5. Duties in the Event of Occurrence Claim or Action. a. You must see to it that we are notified promptly of an which may result in a claim. Notice as should include 1 How when and where the occurrence took place and 2 The names and addresses of any injured persons and of witnesses. b If a claim is made or action is brought against any insured you must see to it that we receive prompt written notice of the claim or action.. 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 action 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation setlement or defense of a claim or action 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 als apply. d. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent 6. Examination of Your Books and Records. We may examine and audit your books and records as they relate to this form at any time during the policy period and up o0 three years afterward. 7. Inspections and Surveys. We have the right but are not o a. Make inspections and surveys at any time b Give you reports on the conditions we find and. Recommend any changes. Any inspections surveys reports or recommendations 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. This condition applies not only to us but also to any rating advisory rate service o similar organization which makes insurance inspections surveys reports or recommendations. 8. Legal Action Ag No person or organization has a right under this form a. To join us as a party or otherwise bring us into an asking for compensatory damages from an ured or b To sue us on this form unless all of its terms have been fully complied with. A person or organization may sue us o recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for compensatory damages that are not payable under the terms of this form or that are in excess of the applicable limit of nsurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Every action or proceeding against us shall be commenced within one year next after the date of such judgment or agreed settlement and not afterwards. If this policy is govemned by the law of Quebec every action or proceeding against us shall be commenced within three years from the time the right of ag 9. Other Insurance. If other valid and collectible insurance is available to the sured for a loss we cover under Coverages A B or D of this form our obligations are limited as follows d N 5272011 111900 AM C | 1 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BA. Primary Insurance This insurance is primary except when b. below applies. 1f this nce is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below b. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basi 1 That is Property Insurance such as but not limited to Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work or for premises rented to you or 2If the loss arises out of the maintenance or use of watercraft to the extent not subject to Exclusion f. of Coverage A Section I. When this insurance is excess we will have no duty under Coverages A B or D to defend any claim or action that any other insurer has a duty to defend. If no other insurer defends we will undertake to do so but we will be entitled to all the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss. if any 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 Liability Schedule.. 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. 10. Garage Basis of Settlement With respect only to the Garage operations of the Insured the Insured agrees that in the event of liability for loss or damage for which indemnity is provided under Coverage A. the Insured shall replace the property or make the necessary repairs adjusted at actual cost to the Insured of labour and materials. 11 Premium Audit. a We will compute all premiums for accordance with our rules and rates. b. Premium shown in the Liability Schedule as total premium is a deposit premium only. At the close of cach audit period we will compute the eamed premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the total and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured subject to the retention of the minimum premium shown in the Liability Schedule. 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. form in 12 Premiums. The first Named Insured shown on the De your policy a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. 13. Representations. By accepting this policy. you agree a. The statements on the Declaration Page of your policy and in the Liability Schedule are accurate and complete b. Those statements are based upon representations you made to us and We have issued this form in reliance upon your representations 14 Separation of Insureds Cross Liability. Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or action is brought 15. Transfer of Rights of Recovery Against Others to Us. I the insured has rights to recover all or part of any payment we have made under this form those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring action or transfer those rights to us and help us enforce them 16. Transfer of your Rights and Duties Under this Form. Your rights and duties under this form 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. on Page of SECTION V DEFINITIONS 1. Action means a civil proceeding in which damages because of bodily injury. property damage or personal injury 1o which this insurance applies are alleged. Action includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. Advertising injury means injury ari more of the following offences a. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organizations goods products or services b Oral or written publication of material that violates a person s right of privacy ng out of one or. Misappropriation of advertising ideas or style of 2 business of d. Infringement of copyright title or slogan 3. Automobile means any self propelled land motor vehicle trailer or semi trailer including machinery apparatus or equipment attached thereto which is principally designed and is being used for transportation of persons or property on public roads 4. Bodily injury means bodily injury. sickness disability ase sustained by any person which occurs during period including death at any time resulting therefrom. Bodily injury if not arising out of personal njury or advertising injury also means shock mental anguish mental injury or humiliation. 5. Coverage territory means 5272011 111900 AM C | 1 |
M6SI3E 07 92 PART 1 M6SI3E 07 92 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BA a. Canada and the United States of Ameri territories and possessions 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. above or c. All parts of the world if 1 The injury or damage arises out of Goods or products made or sold by you in the territory described in a. above or ities of a person whose home is in scribed in a. above. but is away for a short time on your business and 2 The insured s responsibility to pay compensatory damages is determined in an action on the merits in the territory described in a. above or in a settlement we agree 0 in writing. 6. Impaired property means tangible property other than your product or your work that can not be used oris less useful because a. Itincorporates your product or your work that s known or thought to be defective deficient inadequate or dangerous or b You have failed to fulfil the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b Your fulfilling the terms of the contract or agreement. 7. Insured contract means a. A lease of premise b. A sidetrack agreement c. An easement or license agreement in connection with vehicle or pedestrian private railroad crossings at grade d. Any other casement agreement e. An indemnification of a municipality as required by ordinance except in connection with work for a municipality An elevator maintenance agreement or That part of any other contract or agreement pertaining o your business under which you assume the tort liability of another to pay compensatory damages because of bodily injury or property damage to a third person o organization if the contract or agreement is made prior to the bodily injury or property damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An insured contract does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damages arising out of a Preparing approving or failing to prepare or approve maps. drawings. opinions reports surveys change orders designs or specifications or b Giving directions or instructions or failing 0 give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failing o render professional services including those listed in 1 above and supervisory inspection or engineering services. including its b 10. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmul conditions. Personal injury means injury other than bodily injury arising out of one or more of the following offences False arrest detention o imprisonment Malicious prosecution c. Wrongful entry into or eviction of a person from a room dwelling or premises that the person occupies Oral or writien publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services or Oral or written publication of material that violates a person s right of privacy. a. Products completed operations hazard 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 phys possession or 2 Work that has not yet been completed or abandoned. 1 b Your work will be deemed completed at the carliest of the following times 1 When all of the work called for in your contract has been completed. 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site 3 When that part of work done at a job site has been put to its intended use by any person or organization other than another coniractor 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. This hazard does not include bodily injury or property damage arising out of the existence of tools uninstalled equipment or abandoned or unused materals. Property damage means Physical injury to tangible property including all resulting loss of use of that property or Loss of use of tangible property that is not physically injured. Your product means Any goods or products other than real property. manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and Containers other than vehicles materials parts o equipment furnished in connection with such goods or products. Your product includes warranties or representations made at any time with respect to the fitness quality durability or performance of the items included in a. and b. above Your product does not include vending machines or other property rented to or located for the use of others but not sold. Your work mea Work or operations performed by you or on your behal and 5272011 111900 AM C | 1 |
M6SI3E 07 92 M6SI3E 07 92 PART 1 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FORM OCCURRENCE BASIS b. Materials parts or equipment furnished in connection with such work or operatior Your work includes warranties or representations made at any time with respect to the fitness quality durability or performance of any of the items included ina. orb. above. Wherever used in this form the term Named Insured means the Insured named on the Declaration Page of the policy to which this form is attached. 5272011 111900 AM C | 1 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate SPECIAL ENDORSEME NO.1 General Aggregate Endorsement It is agreed that Section III Limits of Insurance is amended to read as follows 1. The limit of liability shown in the Declaration Page is the most that we will pay regardless of the number of a Insureds b Claims made or suits brought or Person or organizations making claims or bringing suits The General Aggregate Limit is most we will pay for the sum of Medical expenses under C and b Compensatory Damages under Coverage A B except damages because of injury and damages included in the products completed operations hazard The products completed operations aggregate limit is the most we will pay under Coverage A for damages because on injury and damage included in the products completed operations hazard Subject to 2. Above the Personal Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of personal injury and all advertising injury sustained by any one person or organization. Subject to 2. or 3. Above whichever applies the each Occurrence Limit is the most we will pay for the sum of a Compensatory Damages under Coverage A and b Medical Expense under Coverage C because of all bodily injury and property damage arising out of any one occurrence Tenants Legal Liability is the most that we will pay under Coverage D for compensatory damages because of Property Damage to any one premises Subject to 5. The above the Medical Expenses Limit is most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period less than 12 months starting with the beginning of the policy 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 will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. General Aggregate Limit 1000000 This endorsement shall not be binding upon the Insurer unless countersigne alter change or extend any of the conditions limits provisions agreement above stated. nor shall anything contained herein be held to waive tatements or declarations of the Policy other than as | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate Named Insured Schedule Asurion Canada BlueRealm Solutions N.EW. Customer Service Companies of Canada Corp Canadian Specialty Services Corporation Asurian Canada Services Corporation All other terms and conditions remains unchanged. | 2 |
M6STOE 1093 COMMERCIAL GENERAL LIABILITY NON OWNED AUTO INSURANCE SPF NO. 6 INSURING AGREEMENT In consideration of the payment of the premium and of the statements contained in the application on file with the insurer and subject to the limits terms conditions provisions. definitions and exclusions herein stated. SECTION A THIRD PARTY LIABILITY The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured for loss or damage arising from the use or operation of any automobile not owned in whole or in part or licensed in the name of the Insured and resulting from BODILY INJURY TO OR THE DEATH OF ANY PERSON OR DAMAGE TO PROPERTY OF OTHERS NOT IN THE CARE CUSTODY OR CONTROL OF THE INSURED provided always the Insurer shall not be liable under this policy 2 for any liability which arises from the use or operation of any automobile while personally driven by the Insured if the Insured is an individual or b for any liability imposed upon any person insured by this policy 1 by any workers compensation law or 2 by any law for bodily injury to or the death of the Insured or any partner officer or employee of the Insured while engaged in the business of the Insured or c for any liability assumed by any person insured by this policy voluntarily under any contract or agreement but this exclusion does not apply to that part of any contract or agreement pertaining to the business of the Insured under which the Insured assumes tort liability of another to pay compensatory damages because of bodily injury or property damage to a third person or organization if the contract or agreement is made prior to the bodily injury or property damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement or d for loss or damage to property carried in or upon an automobile personally driven by any person insured by this policy or to any property owned or rented by. or in the care custody or control of any such person or for any amount in excess of the limit stated in the Declarations and expenditures provided for in the Supplementary Payments of this policy subject always to the provisions of the section of The Insurance Act Automobile Insurance Part relating to the nuclear energy hazard. Paragraph b of this scction is not applicable in the Province of Ontario. LIMIT OF INSURANCE The limit stated in the Declarations for Non Owned Automobile is the maximum the Insurer will pay exclusive of interest and costs for loss or damage resulting from bodily injury to or death of one or more 13 SPF6 Non owned Automobile Insurance.doc persons and for loss or damage to property from any one accident regardless of the number of claims arising. ADDITIONAL AGREEMENTS OF INSURER Where indemnity is provided by this policy the Insurer further agrees 1 upon receipt of notice of loss or damage caused to persons or property to serve any person insured by this policy by such investigation thercof or by such negotiations with the claimant or by such settiement of any resulting claims as may be deemed expedient by the Insurer and 2 to defend in the name and on behalf of any person insured by this policy and at the cost of the Insurer any civil action which may at any time be brought against such person on account of such loss or damage to persons or property and 3 to pay all costs taxed against any person insured by this policy in any civil action defended by the Insurer and any interest accruing afier entry of judgment upon that part of the judgment which is within the limits of the Insurer s liability and 4 in case the injury be to a person reimburse any insured by this policy for outlay for such medical aid as may be immediately necessary at the time of such injury and 5 be liable up to the minimum limits prescribed for that province or territory of Canada in which the accident occurred if that limits is higher than the limit stated in the Declarations and 6 not set up any defense to a claim that might not be set up if the policy were a motor vehicle liability policy issued in the province or territory of Canada in which the accident occurred. AGREEMENTS OF INSURED Where indemnity is provided by this section every person insured by this policy 2 by the acceptance of this policy constitutes and appoints the Insurer his irrevocable attorney to appear and defend in any province or territory of Canada in which action is brought against the Insured arising out of the use or operation of an automobile with respect to which insurance is provided hereunder b shall reimburse the Insurer upon demand in the amount which the Insurer has paid by reason of the provisions of any statute relating to automobile insurance and which the Insurer would not otherwise be liable to pay under this policy. GENERAL PROVISIONS AND DEFINITIONS 1. Additional Insureds The Insurer agrees to indemnify in the same manner and to the same extent as if named herein as the Insured every partner officer or employee of the Insured who with the consent of the owner thereof personally drives a in the business of the insured stated in Declarations any automobile not owned in whole or in part by or licensed in the name of i the Insured or ii such 8152006 31400 PM C | 2 |
M6STOE 1093 COMMERCIAL GENERAL LIABILITY NON OWNED AUTO INSURANCE SPF NO. 6 additional Insured Person or i any person or persons residing in the same dwelling premises as the Insured or such additional Insured Person. or b any automobile hired or leased in the name of the Insured except any automobile owned in whole or in part or licensed in the name of such additional insured person. 2. Territory This Policy applies only to the use of or operation of automobiles within Canada or the United States of America or upon a vessel plying between ports of these countries. 3. Hired Automobiles Defined The term Hired Automobiles as used in this policy means automobiles hired or leased from others with or without drivers for periods not exceeding 30 days used under the control of the Insured in the business stated in the Declarations but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner officer or employee of the Insured. 4. Automobiles Operated under Contract Defined The term automobiles operated under contract as used in this policy shall mean automobiles operated in the business of the Insured stated in the Declarations where the complete supervision direction and control of such automobiles remain with the owner thereof but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner officer or employee of the Insured. 5. Two or more Automobiles When two or more automobiles are insured hereunder the terms of this Policy shall apply separately to each but a motor vehicle and a trailer or trailers attached thereto shall be held to be one automobile as respects limits of insurance. 6. Premium Adjustment An estimated premium for this form has been used as a factor in the computation of the provisional premium for this Policy. The actual premium for the insurance afforded by this form determined in accordance with the insurer s rules rates rating plans. premium and minimum premiums applicable to this insurance shall be included as a factor in the computation of the carned premium for this policy. 7. Representation Where a an applicant for a contract gives false particulars of the described automobile to be insured to the prejudice of the Insurer or knowingly misrepresents or fails to disclose in the application any fact required to be stated therein or b the Insured contravenes a term of the contract or commits a fraud or c the Insured willfully makes a false statement in respect of a claim under the contract a claim by the Insured is invalid and the right of the Insured to recover indemnity is forfeited. 13 SPF6 Non owned Automobile Insurance.doc STATUTORY CONDITIONS 1. Material Change in Risk 1 The insured named in this contract shall promptly notify the Insurer or its local agent in writing of any change in the risk material to the contract and within his knowledge. 2 Without restricting the generality of the foregoing. the words change in the risk material to the contract include 2 any change in the insurable interest of the insured named in this contract in the automobile by sale assignment or otherwise except through change of title by succession death or proceeding under the Bankruptcy Act Canada and in respect of insurance against loss of or damage to the automobile b any mortgage lien or encumbrance affecting the automobile after the application for the contract c any other insurance of the same interest whether valid or not covering loss or damage insured by this contract or any portion thercof. NOTE In Prince Edward Island Statutory Condition 1 subconditions 2 and 3 are identical with the above quoted Statutory Condition relating to material change in risk. 2. Prohibited Use by Insured 1 The insured shall not drive or operate the automobile a unless he is for the time being either authorized by law or qualified to drive or operate the automobile or b while his licence to drive or operate an automobile is suspended or while his right to obtain a licence is suspended or while he is prohibited under order of any court from driving or operating an automobile or while he is under the age of sixteen years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the minimum age at which a licence or permit to drive an automobile may be ssued to him or d for any illicit or prohibited trade or transportation or in any race or speed test. Prohibited Use by Others 2. The insured shall not permit suffer allow or connive at the use of the automobile a by any person i unless that person is for the time being cither authorized by law or qualified to drive or operate the automobile or ii while that person is under the age of sixteen years or under such other age as is prescribed by the law of the province in which he resides at the time this contract is made as being the 8152006 31400 PM C | 2 |
M6STOE 1093 COMMERCIAL GENERAL LIABILITY NON OWNED AUTO INSURANCE SPF NO. 6 minimum age at which a licence or permit to drive an automobile may be issued to him or b by any person who is a member of the household of the Insured while his licence to drive or operate an automobile is suspended o while his right to obtain a licence is suspended or while he is prohibited under order of any court from driving or operating an automobile or forany illicit or prohibited trade or transportation or d i any race or speed test. 3 Requirements Where Loss or Damage to Persons or Property The insured shall 2 promptly give to the Insurer written notice with all available particulars of any accident involving loss or damage to persons or property and of any claim made on account of the accident b verify by statutory declaration if required by the Insurer that the claim arose out of the use or operation of the automobile and that the person operating or responsible for the operation of the automobile at the time of the accident is a person insured under this contract and forward immediately to the Insurer every letter document advice or writ received by him from or on behalf of the claimant. The insured shall not 2 voluntarily assume any liability or settle any claim except at his own cost or b interfere in any negotiations for settlement or in any legal proceeding. The insured shall whenever requested by the Insurer aid in securing information and evidence and the attendance of any witness and shall co operate with the Insurer except in a pecuniary way. in the defense of any action or in the prosccution of any appeal. Requirements Where Loss or Damage to Automobile Where loss of or damage to the automobile occurs the insured shall if the loss or damage is covered by this contract 2 promptly give notice thereof in writing to the Insurer with the fullest of information obtainable at the time b at the expense of the Insurer and as far as reasonably possible protect the automobile from further loss or damage and deliver to the Insurer within ninety days after the date of the loss or damage a statutory declaration stating to the best of his knowledge and belief the place time cause and amount of the loss or damage the interest of the insured and of all others therein the encumbrances thereon all other insurance 3 13 SPF6 Non owned Automobile Insurance.doc whether valid or not covering the automobile and that the loss or damage did not occur through any willful act or neglect procurement means or connivance of the insured. Any further loss or damage accruing to the automobile directly or indirectly from a failure to protect it as required under subcondition 1 of this condition is not recoverable under this contract. No repairs other than those that are immediately necessary for the protection of the automobile from further loss or damage. shall be undertaken and no physical evidence of the loss or damage shall be removed a without the written consent of the Insurer or b until the Insurer has had a reasonable time to make the examination for which provision is made in Statutory Condition 5. Examination of Insured The Insured shall submit to examination under oath and shall produce for examination at such reasonable place and time as is designated by the Insurer or its representative all documents in his possession or control that relate to the matters in question and he shall permit extracts and copics thereof to be made. Insurer Liable for Cash Value of Automobile The Insurer shall not be liable for more than the actual cash value of the automobile at the time any loss or damage occurs and the loss or damage shall be ascertained or estimated according o that actual cash value with proper deduction for depreciation however caused and shall not exceed the amount that it would cost to repair or replace the automobile or any part thereof with material of like kind and quality. but if any part of the automobile is obsolete and out of stock the liability of the Insurer in respect thereof shall be limited to the valu of that part at the time of loss or damage not exceeding the maker s latest list price. Repair or Replacement Except where an appraisal has been made the Insurer instead of making payment may within a reasonable time repair rebuild or replace the property damaged or lost with other of like kind and quality if within seven days after the receipt of the proof of loss it gives written notice of its intention to do so. No Abandonment Salvage There shall be no abandonment of the automobile to the Insurer without the Insurer s consent. If the Insurer exercises the option to replace the automobile or pays the actual cash value of the automobile the salvage if any shall vest in the Insurer. 8152006 31400 PM C | 2 |
M6STOE 1093 COMMERCIAL GENERAL LIABILITY NON OWNED AUTO INSURANCE SPF NO. 6 In Case of Disagreement 8 1In the event of disagreement as to the nature and extent of the repairs and replacements required or as to their adequacy. if effected. or as to the amount payable in respect of any loss or damage those questions shall be determined by the appraisal as provided under The Insurance Act in Newfoundland The Insurance Contracts Act before there can be recovery under this contract whether the right to recover on the contract is disputed or not and independently of all other questions. There shall be no right to an appraisal until a specific demand therefor is made in writing and until after a proof of loss has been delivered. 5. Inspection of Automobile The insured shall permit the Insurer at all reasonable times to inspect the automobile and its equipment. 6. Time and Manner of Payment of Insurance Money 1 The Insurer shall pay the insurance money for which it is liable under this contract within sixty days after the proof of loss has been received by it or where an appraisal is made under subcondition 8 of Statutory Condition 4 within fifieen days after the award is rendered by the appraisers. When Action May be Brought 2 The insured shall not bring an action to recover the amount of a claim under this contract unless the requirements of Statutory Conditions 3 and 4 are complied with or until the amount of the loss has been ascertained as therein provided or by a judgment against the insured after trial of the issue or by agreement between the parties with the written consent of the Insurer. Limitation of Actions 3 Every action or proceeding against the Insurer under this contract in respect of loss or damage to the automobile shall be commenced within one year next after the happening of the loss and not afterwards and in respect of loss or damage to persons or property shall be commenced within one year next after the cause of action arose and not afterwards. NOTE In Yukon Territory Northwest Territories and New Brunswick the one year limitation period in subcondition 3 should read 2 years. In the case of Nova Scotia and Newfoundland subcondition 3 should read as follo 3 Every action or proceeding under this contract against the insurer in respect of a claim for indemnification for liability of the insured for loss or damage to property of another person or for personal injury to or death of another person shall be commenced within two years after the liability of the insured is established by a court of competent jurisdiction and not afterwards. Every other action or 13 SPF6 Non owned Automobile Insurance.doc proceeding against the insurer under this contract in respect of loss or damage to the automobile shall be commenced within two years from the time the loss was sustained and not afterwards. 7. Who May Give Notice and Proofs of Claim Notice of claim may be given and proofs of claim may be made by the agent of the insured named in this contract in case of absence or inability of the insured to give notice or make the proof such absence or inability being satisfactorily accounted for or in the like case or if the insured refuses to do so by a person to whom any part of the insurance money is payable. 8. Termination 1 This contract may be terminated a by the Insurer giving to the insured thirty days notice of termination by registered mail or five days written notice of termination personally delivered b by the insured at any time on request. 2 Where this contract is terminated by the Insurer a the Insurer shall refund the excess of premium actually paid by the insured over the pro rata premium for the expired time but in no event shall the pro rata premium for the expired time be deemed to be less than any minimum retained premium specified and b the refund shall accompany the notice unless the premium s subject to adjustment or determination as to the amount in which case the refund shall be made as soon as practicable. 3 Where this contract is terminated by the insured the Insurer shall refund as soon as practicable the excess of premium actually paid by the insured over the short rate premium for the expired time but in no event shall the short rate premium for the expired time be deemed to be less than any minimum retained premium specified. 4 The refund may be made by money postal or express company money order or cheque payable at par. 5 The thirty days mentioned in clause a of subcondition 1 of this condition commences to run the day following the receipt of the registered letter at the post office to which it is addressed. 9. NOTICE Any written notice to the Insurer may be delivered at or sent by registered mail to the chief agency or head office of the Insurer in the Province. Written notice may be given to the insured named in this contract by letter personally delivered to him or by registered mail addressed to him at his latest post office address as notified to the Insurer. In this condition the expression Registered means registered in or outside Canada. NOTE In the Northwest Territories the reference is to Teritories and in the Yukon Territory the reference is to Territory rather than Province. 8152006 31400 PM C | 2 |
CNA Named Insured Policy No. CGL 292002491 Asurion Canada See Named Insured Schedule Policy Information 11 Ocean Limited Way Suite 100 Effective 1201 a.m. April 302014 Moncton New Brunswick E1C 0H1 Expires 1201 a.m. April 302015 Prepared for you by your Broker All times are local times at the Named Insur BFL Canada Risk and Insurance Services Inc. pastal address shown on this certificate S.E.F. No. 94 Legal Liability For Damage To Hired Automobiles Endorsement for attachment only to a Non Owned Rider SPF No. 6 Section B Legal Liability For Damage to Hired Automobiles The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured or assumed by the Insured under any contract or agreement for loss or damage arising from the care custody or control of automobiles hired or leased from others with or without drivers used under the control of the Insured in the business stated in Item 3 of the application but shall not include any automobile owned in the whole or in part by or licensed in the name of the Insured or any partner. officer or employee of the Insured. This Endorsement Contains A Partial Payment of Loss Clause Limits of Insurance The Insurer shall not be liable under this endorsement for any amount in excess of 50.000 exclusive of interest and costs for any one occurrence. Deductible Clause Each occurrence causing loss or damage covered hereunder except loss or damage caused by fire or lightning or theft of the entire automabile shall give rise to a separate claim in respect of which the Insurer s liability shall be limited to the amount of loss or damage in excess of the deductible amount as stated in the Declarations. Two Or More Vehicles A motor vehicle and one or more trailers or semi trailers attached there to shall be held to separate automobiles with respect to the limit of insurance including the deductible provision if any under this Insuring Agreement. Exclusion The Insurer shall not be liable 1. For loss or damage to any autombile while personally driven by the Insured if the Insured is an individual or 2. Forloss or damage a. To tires or consisting of or caused by mechanical fracture or breakdown of any part of an autombile or by rusting corrosion wear and tear freezing or explosion within the combustion chamber unless the loss or damage is coincident with other loss or damage caused by fire theft or malicious mischief or b To any automobile while being used without the consent of the owner thereof or. Caused directly or indirectly by contamination by radioactive material or d. To contents of trailers or to rugs or robes or. To tapes and equipment for use with a tape recorder when detached therefrom or f. Caused directly or indirectly by bombardment invasion civil war insurrection rebellion revolution military or usurped power or by the operation of armed forces while engaged in hostilities whether war be declared or not or Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 302015 All times are local times at the Named Insured s postal address shown on this certificate Page 1 of 2 | 2 |
g Forany amount in excess of the limit stated in the applicable subsection hereof and expenditures provided for in the Additional Agreement of the policy to which the endorsement is attached or Additional Agreement The Insurer further agrees to pay general average salvage and fire department charges and custom duties of Canada or of the United States of America for which the Insured is legally liable. Limits and Amounts The Limits and Amounts are as stated below All Perils Limi 50000 any one accident Deductible 1000 50000 1000 any one accident Page 2 of 2 | 2 |
CNA Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 302015 All times are local times at the Named Insured s postal address shown on this certificate Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. S.E.F. No. 96 CONTRACTUAL LIABILITY ENDORSEMENT for attachment only to a Non Owned Rider SPF No. 6 It is hereby understood and agreed that exclusion c of the Insuring Agreement of the policy to which this endorsement is attached is amended to read as follows C For any liability assumed by any person insured by this policy voluntarily under any contract or agreement other than those stated below Date s of contract s Name s of other contracting party or parties ALL WRITTEN AGREEMENTS | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 302015 All times are local times at the Named Insured s postal address shown on this certificate S.E.F. No. 99 EXCLUDING LONG TERM LEASED VEHICLE ENDORSEMENT for attachment only to a Non Owned Rider SPF No. 6 In consideration of the premium for which this policy is insured it is understood and agreed that Item 3 Hired Automobile Defined of General Provisions and Definitions of the policy to which this endorsement is attached is hereby amended to read as follows The term Hired Automobile as used in this policy means a automobilbes hired or leased from others with drivers or b hired or leased by the named Insured from others without driver for periods not exceeding 30 days used under the control of the Insured in the business stated in Item 3 of the application but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner officer or employee of the Insured. | 2 |
M6522E 07 92 M6522E 07 92 COMPREHENSIVE GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE The Insured represents that there are now no claims demands or legal proccedings pending against him on account of any act of negligence error mistake or omission of the type insured hereunder and he has no knowledge of any circumstances which might so result in any such future claim demand or legal proceeding. INSURING AGREEMENTS The Insurer agrees with the Insured named on the Declaration Page of this Policy as follows L. To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay to any employee or former employee or the heirs beneficiaries or legal representatives of either as damages arising from any act of negligence error mistake or omission of the Insured or others for whom the Insured is legally responsible in the administration of employee benefit programs of the Insured subject to the limits of liability contained in the Liability Schedule. The Insurer shall have the right and duty to defend any action against the Insured seeking damages arising in connection therewith even if any of the allegations of the suit are groundless false or fraudulent and may make such investigation and settlement of any claim or action as it deems expedient but the Insurer shall not be obligated to pay any claim or judgement or to defend any action after the applicable limit of the Insurer s liability has been exhausted by payment of judgements or settlements. IL. The Insurer will pay in addition to the applicable limit of liability and exclusive of any deductible amount a all expenses incurred by the Insurer all costs taxed against the Insured in any action defended by the Insurer and all interest on the entire amount of any judgement therein which accrues after entry of the judgement and before the Insurer has paid or tendered or deposited in court that part of the judgement which does not exceed the limit of the Insurer s liability thereon premiums on appeal bonds required in any such action and premiums on bonds to release attachments in any such action for an amount not in excess of the applicable limit of liability of this insurance but the Insurer shall have no obligation to apply for or furnish any such bonds c reasonable expenses incurred by the Insured at the Insurer s request in assisting the Insurer in the investigation or defense of any claim or action including actual loss of earnings not to exceed 100 per day. Policy No. CGL 292002491 1L This insurance applies to any act of negligence error mistake or omission which occurs within Canada or the United States of America its territories or possessions during the period it is in effect provided claim is made or action is brought during that period or b prior to its effective date if the Insured first becomes aware thereof during the period of this insurance and claim is made or action is brought during such period. ADDITIONAL DEFINITIONS The following definitions apply in connection with the insurance afforded by this endorsement A Insured The unqualified word Insured includes the Named Insured and also includes any executive officer director or stockholder thereof while acting within the scope of his duties as such any employee authorized to act in the administration of the Insured s Employee Benefit Programs while so acting within the scope of his duties in connection therewith and if the Named Insured is a partnership any partner therein but only with respect to his liability as such. B Employee Benefit Programs The term Employee Benefit Program shall mean group life insurance group accident or health insurance profit sharing plans pension plans employee stock subscription plans travel savings or vacation plans and except as respects the insurance afforded hereunder to employees shall also include Workmen s Compensation Insurance Unemployment Compensation Insurance Social Security and Disability Benefits Insurance. C Administration The unqualified word administration wherever used shall mean the following provided the same are authorized by the Named Insured 1 counseling employees with respect to employee benefit programs 2 interpretations relative to employee benefit programs 3 record keeping in connection with employee benefit programs enrollment termination or cancellation of employees under employee benefit programs. ADDITIONAL EXCLUSIONS This insurance afforded by this endorsement does not apply a to any dishonest fraudulent criminal or malicious act or omission libel slander discrimination or humiliation b to bodily injury to or sickness disease or death of any person including damages for 742013 25800 PM C | 2 |
M6522E 07 92 M6522E 07 92 COMPREHENSIVE GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE care and loss of services arising therefrom or to injury to or destruction of any tangible property including the loss of use thereof to any claim for failure of performance of contract by any Insurer d to any claim based upon the Insured s failure to comply with any Workmen s Compensation Unemployment Compensation Social Security or Disability Benefits Law or any similar law e to any claim based upon 2 failure of any investment program individual securities or savings program to perform as represented by an Insured 3 advice given by an Insured in connection with participation or non participation in stock subscription plans or savings programs f any claim out of the failure of the Insured or any Insurer fiduciary trustee or fiscal agent to perform any of their duties or obligations or to fulfill any of their guarantees with respect to 1 the payment of benefits under employee benefit programs or 2 the providing handling or investment of funds related thereto. CONDITIONS With respect to the coverage provided by this endorsement a Conditions 12346789101112131415 of the Liability Section of this Policy apply. Reference in the Declarations condition to The Statements in the Declarations shall as respects this endorsement be understood to include the statement set forth in the first Paragraph of this endorsement. Condition 5 of the Liability Section of this Policy is amended to read as follows Condition 5 Duties in the Event of Occurrence Claim or Action When the Insured becomes aware of any act of negligence error mistake or omission he or someone on his behalf shall give written notice thereof to the Insurer or any of its authorized agents promptly. Such notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time place and circumstances of negligence error mistake or omission. If the claim is made or action brought against the Insured the Insured shall immediately forward to the Insurer every demand notice summons or other process received by him or his representative. The Insured shall co operate with the Insurer and upon the Insurer s request assist in making settlements in the conduct of actions and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Insured for any of the causes with respect to which insurance is afforded under this endorsement and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not except at his own cost voluntarily make any payment assume obligation or incur any expense. ADDITIONAL CONDITION The Insurer shall not settle any claim without the written consent of the Insured. If however the Insured shall refuse to consent to any settlement recommended by the Insurer and shall elect to contest the claim or continue any legal proceedings in connection with such claim then the Insurer s liability for the claim shall not exceed the amount for which the claim could have been so settled subject to the limits of liability of this endorsement plus the costs and expenses incurred with its consent up to the date of such refusal. LIMITS OF LIABILITY Regardless of the number of Insureds under this endorsement or claims or actions brought on account of alleged acts or omissions insured hereunder the Insurer s liability in respect to this endorsement is limited as follows. The limit of liability stated in the Liability Schedule as applicable to Each Occurrence Limit is the limit of the Insurer s liability for all damages incurred as the result of any one claim insured hereunder but each claim made shall be subject to the deductible amount set forth in the Schedule and the Insurer shall be liable only for the difference between such deductible amount and the limit of liability for each claim the limit of such liability stated in the Liability Schedule as Aggregate Limits is subject to the above provision respecting each claim the total limit of the Insurer s liability for all damages insured hereunder. The payment of any deductible amount by the Insured shall not operate to reduce the Aggregate Limit of the Insurer s liability. The Aggregate Limit of liability shall apply separately to each annual period this insurance is in force. The Insurer may pay any part or all of the deductible amount to effect settlement of any claim or action and upon notification of the action taken the Named Insured shall promptly reimburse the Insurer for such part of the deductible amount as has been paid by the Insurer. 742013 25800 PM C | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal addre hown on this certificate EMPLOYERS LIABILITY ENDORSEMENT It is agreed that the insurance afforded under the Liability Section Commercial General Liability Coverage is extended to pay on behalf of the Named Insured all sums which the Named Insured shall become legally obligated to pay as damages because of the Bodily Injury caused by accident sustained by any person and arising out of and in the course of that person s employment by the Named Insured. Exclusion d of Coverage A of Commercial General Liability Form is deleted accordingly. | 2 |
CNA Policy No. CGL 292002491 Policy Information All times are local times at the Named Insured s postal address shown on this certificate Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes your International Common Policy Conditions Coverage Form. EXCLUSION WAR OR TERRORIST ACTION The following changes apply to all Coverage Parts contained in your policy A. In the International Commercial Property Coverage Form the War exclusion Paragraph F.1.c. is replaced with the following c. War or terrorist action or any action taken to prevent or address actual or expected terrorist action. B. In the International Boiler and Machinery Coverage Form the War exclusion Paragraph B.3. is replaced with the following 3. War or Terrorist Action. Loss caused by or resulting directly or indirectly from war or terrorist action or any action taken to prevent or address actual or expected terrorist action. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. C. In the International Commercial General Liability Form the War exclusion Paragraph LA.2.i is deleted and the following exclusion s added as applicable to the entire Form War or Terrorist Action This insurance does not apply under any Liability or Medical Payments coverage to 1 Bodily injury property damage personal injury or advertising injury that in whole or in part arises directly or indirectly out of one or more of the following a Government action. b War. c Terrorist action or any action taken to prevent or address actual or expected terrorist action. | 2 |
E. 2 Any loss cost or expense arising out of testing for monitoring cleaning up removing containing treating detoxifying. neutralizing or disposing of. or in any way assessing or responding to the effects of toxic infectious or radioactive matter distributed generated or released as a direct or indirect result of any event described in Paragraph 1 above. This exclusion applies regardless of any other cause or event that contributed concurrently or in any sequence to such injury damage loss cost or expense. This exclusion supercedes any coverage or condition to the contrary that may be included on any liability coverage form or endorsement that is part of this policy. Paragraph 1c of this exclusion does not apply to bodily injury or property damage you cause while assisting emergency rescue operations following the conclusion of the terrorist action. In the International Automobile DIC Excess following Liability Form exclusion F.7. is replaced with the This insurance does not apply 7. To bodily injury or property damage that in whole or in part arises directly or indirectly out of government action war terrorist action or any action taken to prevent or address actual or expected terrorist action. Such injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage In the International Voluntary Workers Compensation and Employers Liability Coverage Form 1. Paragraph B.1. of Part One Workers Compensation Insurance is amended to read as follows 1. We will voluntarily pay on your behalf an amount equal to but not in excess of the benefits you would be required to pay if you and the employees described in the Declarations were subject to the Workers Compensation Law designated in the Declarations. The only exceptions to this provision are a As provided for in Paragraph E. Excess Repatriation Expenses and b War and terrorist action. This insurance does not apply. and we will not pay for bodily injury that in whole or in part arises directly or indirectly out of war or terror action or any action taken to prevent or address actual or expected terrorist action. 2. Paragraph C. Exclusions of Part Two Employers Liability Insurance is amended to add the following exclusion This nsurance does not apply to Bodily injury that in whole or in part arises directly or indirectly out of war or terrorist action or any action taken to prevent or address actual or expected terrorist action. Paragraph Y. Definitions of the International Common Policy Conditions is amended to add the following definition Terrorist action means the actual or threatened a. Use of force or violence against persons or property b. Commission of an act dangerous to human life or property or c. Commission of an act that interferes with or disrupts an electronic or communications 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 any of the following appli | 2 |
a. The reasonably apparent intent or effect is to intimidate or coerce a government or business or to disrupt any segment of the economy b. The reasonably apparent intent or effect is to cause alarm fright fear of danger or apprehension of public safety in one or more distinct segments of the general public or to intimidate or coerce one or more such segments or c. The reasonably apparent intent or effect is to further political ideological religious or cultural objectives or to express support for or opposition to a philosophy ideology religion or culture. The International Common Policy Conditions are amended to add the following conditions In any action suit or other proceeding where we allege that the loss or damage is not covered by reason of the provisions of a war or terrorist action exclusion that is part of this policy the burden of proving that such loss or damage is covered shall be upon the insured. With respect to any action that involves nuclear reaction or radiation or radioactive contamination and which comes within the scope of any applicable war or terrorist action exclusions the war or terrorist action exclusions supersede any Nuclear exclusion that would otherwise be applicable. All other terms and conditions of your policy remain the same. | 2 |
CNA Named Insured Policy No. CGL 292002491 Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 Prepared for you by your Broker All times are local times at the Named Insured s BFL Canada Risk and Insurance Services Inc. postal address shown on this certificate THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes your International Commercial General Liability Coverage Form. EXCLUSION CYBER RISK Infringement of Copyright Patent Trademark or Trade Secret Insured in Media and Internet Type Businesses Electronic Chatroooms or Bulletin Boards Unauthorized Use of Another s Name or Product Exclusions A. The following exclusions are added to Paragraph 2. Exclusions of Section I Coverage B. Personal and Advertising Injury Liability This insurance does not apply to personal injury or advertising injury arising out of o. Infringement Of Copyright Patent Trademark Or Trade Secret Personal Injury and Advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade ss or slogan. reds In Media And Internet Type Businesses Personal Injury and Advertising injury committed by an insured whose busines 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 13.c.. and h. of Offense under the Definitions Section. or 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. q. Electronic Chatrooms Or Bulletin Boards Personal Injury and Advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. r. Unauthorized Use Of Another s Name Or Product Personal injury 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. The following definitions are amended under Section V Definitions Item 1 Advertisement Item 13 Offense and Item 17Property damage are deleted in their entirety and replaced by the following definitions | 2 |
Advertisement Offense and Property Damage Definition Amendments Section V Definitions Item 1 Advertisement Item 13 Offense and Item 17 Property damage are deleted in their entirety and replaced by the following 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. 13. Offense means injury including consequential bodily injury arising out of one or more of the following offens a. 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 b. Oral or written publication in any manner of material that violates a person s right of privacy c. The use of another s advertising idea in your advertisement or d Infringing upon another s copyright trade dress or slogan in your advertisement e. f. g False arrest detention or imprisonment Malicious prosecution Discrimination based on race religion sex age or national origin except when insurance for such discrimination is prohibited by or held in violation of law public policy. legislation court decisions or administrative ruling. Any insurance afforded does not apply to fines or penalties imposed because of discrimination or h. 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. 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 insured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. All other terms and conditions of your policy remain the same. | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes your International Commercial General Liability Coverage Form. EXCLUSION SILICA The following exclusion is added to Exclusions of Section I 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. The following exclusion is added to Exclusions of Section I 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. The following definition is added lica means the chemical compound silicon dioxide SiO2 in any form including dust which contains ica. All other terms and conditions of your policy remain the same. END208 131 0324 | 2 |
CNA Named Insured Asurion Canada See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Prepared for you by your Broker BFL Canada Risk and Insurance Services Inc. Policy No. CGL 292002491 Policy Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s postal address shown on this certificate THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes your International Commercial General Liability Coverage Form. EXCLUSION RESPIRABLE DUST A. 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 respirable dust or 2. Property damage arising in whole or in part out of the actual alleged or threatened presence of respirable dust. B. The following exclusion is added to Exclusions of Section COVERAGE B. PERSONAL AND ADVERTISING INJURY 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 respirable dust. C. The following definition is added Respirable dust means respirable particulate matter but does not include living organisms. All other terms and conditions of your policy remain the same. END208 132 0324 | 2 |
CNA Named Insured Policy No. CGL 292002491 Asurion Canada Policy Information See Named Insured Schedule 11 Ocean Limited Way Suite 100 Sm. 0 i o g 32 Moncton New Brunswick E1C 0H1 Expires 1201 a.m. April 50 2013 All times are local times at the Named Insured s Prepared for you by your Broker postal address shown on this certificate BFL Canada Risk and Insurance Services Inc. EXCLUSION MOLD ALL OTHER FUNGI MOLD MILDEW YEAST MICROBE EXCLUSION AND WATER DAMAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability This insurance does not apply to Fungi and Microbes 1 Bodily injury or property damage 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. Property damage caused by water where there also exists any property damage 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. 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 |
B. The following exclusion is added to Paragraph 2. Exclusions of Section I 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 ing the effects of fungi or microbes by any insured or by anyone else. responding to or as This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury loss cost or expense. C. 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. All other terms and conditions of your policy remain the same. END208 124 0302 | 2 |
CNA Named Insured Policy No. CGL 292002491 Asurion Canada Po See Named Insured Schedule 11 Ocean Limited Way Suite 100 Moncton New Brunswick E1C 0H1 Information Effective 1201 a.m. April 30 2014 Expires 1201 a.m. April 30 2015 All times are local times at the Named Insured s Prepared for you by your Broker the N P you oy postal address shown on this certificate BFL Canada Risk and Insurance Services Inc. DECLARATION OF EMERGENCY ENDORSEMENT EXTENSION OF TERMINATION or EXPIRY DATE The effective date of termination of this policy by the Insurer or the expiry date of this policy is extended subject to the conditions and definitions set out below as follows when an emergency is declared by a Canadian public authority designated by statute for the purpose of issuing such an order. 1. The emergency must have a direct effect or impact on i the Insured the insured site or insured property located in the declared emergency area or ii the operations of the Insurer or its agent broker located in the declared emergency area. 2. A. Any time limitation described in the Termination condition of this policy with respect to termination of this policy by the Insurer will not continue to run until the emergency is terminated plus the lesser of i 30 days or ii the number of days equal to the total time the emergency order was in effect. 2. B. If this policy is due to expire during an emergency it will continue in force until the emergency is terminated plus the lesser of i 30 days or ii the number of days equal to the total time the emergency order was in effect. 3. In no event shall the total term of this extension exceed 120 consecutive days. The insured agrees to pay the pro rata premium earned for the additional time the Insurer remains on risk as a result of the above. Emergency means the first statutory declaration of an emergency a with respect to a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature a disease or other health risk an accident or an act whether intentional or otherwise or b as provided for by the relevant governing legislation if different from a. but does not include any subsequent statutory declarations that may be issued related to the same event. Al other terms and conditions of the Policy to which this endorsement applies remain unchanged. | 2 |
Code of Consumer Rights and Responsibilities Insurance companies along with the brokers and agents who sell home auto and business insurance are committed to safeguarding your rights when you shop for insurance and when you submit a claim following a loss. Your rights include the right to be informed fully to be treated fairly to timely complaint resolution and to privacy. These rights are grounded in the contract between you and your insurer and the insurance laws of your province. With rights however come responsibilities including for example the expectation that you will provide complete and accurate information to your insurer. Your policy outlines other important responsibilities. Insurers and their distribution networks and governments also have important roles to play in ensuring that your rights are protected. Ri glt to Be Informed You can expect to access clear information about your policy your coverage and the claims settlement process. You have the right to an easy to understand explanation of how insurance works and how it will meet your needs. You also have a right to know how insurers calculate price based on relevant facts. Under normal circumstances insurers will advise an insurance customer or the customer s intermediary of changes to or the cancellation of a policy at least thirty days prior to the expiration of the policy if the customer provides information required for determining renewal terms of the policy at least forty five days prior to the expiration of the policy. You have the right to ask who is providing compensation to your broker or agent for the sale of your insurance. Your broker or agent will provide information detailing for you how he or she is paid by whom and in what ways. Insurance companies will disclose their compensation arrangements with their distribution networks. Brokers and agents are committed to providing information relating to ownership financing and other relevant facts. RESOII.Sibility to Ask Questions and Share Information To safeguard your right to purchase appropriate coverage at a competitive price you should ask questions about your policy so that you understand what it covers and what your obligations are under it. You can access information through brochures and websites as well as through one on one meetings with your broker agent or company representative. You have the option to shop the marketplace for the combination of coverages and service levels that best suits your insurance needs. To maintain your protection against loss you must promptly inform your insurance company or broker or agent of any change in your circumstances. Information required to determine renewal terms of your policy must be provided at least forty five days prior to the expiration of the policy. nght to Complaint Resolution Insurance companies their brokers and agents are committed to high standards of customer service. If you have a complaint about the service you have received you have a right to access your company s complaint resolution process. Your insurer agent or broker can provide you with information about how you can ensure that your complaint is heard and promptly handled. Disputes involving claims settlement matters may be handled by the independent General Insurance OmbudService www.gio scad.org where your complaint may be referred to an independent mediator. RESHSI li 1y to Resolve Disputes You should always enter into the dispute resolution process in good faith provide required information in a timely manner and remain open to recommendations made by independent observers as part of that process. Ri glt to Professional Service You have the right to deal with insurance professionals who exhibit a high ethical standard which includes acting with honesty integrity faimess and skill. Brokers and agents must exhibit extensive knowledge of the product its coverages and its limitations in order to best serve you. nght to Privacy Because it is important for you to disclose any and all information required by an insurer to provide the insurance coverage that best suits you you have the right to know that your information will be used for the purpose set out in the privacy statement made available to you by your broker agent or insurance representative. This information will not be disclosed to anyone except as permitted by law. You should know that insurers are subject to Canada s privacy laws. RLSOH.SIIIIV to Resolve Disputes You should always enter into the dispute resolution process in good faith provide required information in a timely manner and remain open to recommendations made by independent observers as part of that process. Ri ght to Professional Service You have the right to deal with insurance professionals who exhibit a high ethical standard which includes acting with honesty integrity faimess and skill. Brokers and agents must exhibit extensive knowledge of the product its coverages and its limitations in order to best serve you. Right to Privacy Because it is important for you to disclose any and all information required by an insurer to provide the insurance coverage that best suits you you have the right to know that your information will be used for the purpose set out in the privacy statement made available to you by your broker agent or insurance representative. This information will not be disclosed to anyone except as permitted by law. You should know that insurers are subject to Canada s privacy laws. | 2 |
WHAT TO DO WHEN LOSS OCCURS CNA General Information We can show you more. If you suffer a loss which you believe is covered by a CNA oneworld insurance policy please contact your broker immediately. In the event your broker is not available please use the following CNA contact information nearest you. Canada Foreign Country Policy Toronto Standard Marine Lines Cargo Cover Montreal Standard Marine Lines Cargo Cover Calgary Winnipeg Standard Marine Vancouve Lines r Standard Marine Lines 000 000 oo oo aim.toron aim.toron aim.cargc aim.mont aim.mont aim.cargc aim.calga aim.calga aim.vanc aim.vanc claim.torontocna.com claim.toronto.marinecna.com claim.cargocovercna.com claim.montrealcna.com claim.montreal.marinecna.com claim.cargocovercna.com claim.calgarycna.com claim.calgary.marinecna.com claim.vancouvercna.com claim.vancouver.marinecna.com CNA s National Emergency Claims Service 24 Hour Toll Free Property Casualty 1 866 440 4131 Marine 1 800 668 6100 CNA s a registered trademark of CNA Financial Corporation. Copyright 2011 CNA. Al rights reserved. | 2 |
CNA I Healthcare Primary Insured Name RCP Encore Holdings LLC. 33533 W 12 MILE RD STE 290 FARMINGTON HILLS Ml 48331 5635 Policy Number HMA 4032301247 Policy Period 07012019 to 07012020 Thank you for choosing CNA Producer Information LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer Processing Code 970 089443 CNA Branch KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 With your Healthcare Primary policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Mailing Address Allied Healthcare Facilities CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Copyright CNA All Rights Reserved. | 2 |
cNA Healthcare Primary Policyholder Notice I IMPORTANT INFORMATION MICHIGAN NOTICE TO EXEMPT COMMERCIAL POLICYHOLDERS DEREGULATION FORMS RATES This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956 1956 PA 218 MCL 500.2236. Form No CNA62841MI 01 2016 Policy No HMA 4032301247 Policyholder Notice Page 1 of 1 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 2 of 75 Copyright CNA All Rights Reserved. sualty Company 151 N Franklin St Chicago IL 60606 | 2 |
cNA Healthcare Primary Policyholder Notice I POLICYHOLDER NOTICE COUNTRYWIDE IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. As used herein 1 we means the insurer listed on the Declarations or the Certificate of Insurance as applicable and 2 you means the first person or entity named on the Declarations or the Certificate of Insurance as applicable. 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 removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass 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 the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. 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. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year 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. Form No CNA81758XX 03 2015 Policy No HMA 4032301247 Policyholder Notice Page 1 of 2 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 3 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Policyholder Notice 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 calendar 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. CONFIRMATION OF ACCEPTANCE 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 accept our offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage if any is shown separately on the Declarations or the Certificate of Insurance as applicable. Form No CNA81758XX 03 2015 Policyholder Notice Page 2 of 2 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 4 of 75 | 2 |
cNA Healthcare Primary Policy Declarations I THE COVERAGE PARTS TO THIS POLICY MAY BE WRITTEN ON AN OCCURRENCE OR A CLAIMS MADE BASIS. NOTICE TO THE EXTENT THE COVERAGE AFFORDED UNDER ANY COVERAGE PART TO THIS POLICY IS ON A CLAIMS MADE BASIS COVERAGE UNDER SUCH COVERAGE PART IS LIMITED TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO THE COMPANY IN ACCORDANCE WITH THE COMMON CONDITIONS. THE INSURED SHOULD READ THE ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND WHAT IS NOT COVERED. l Named Insured and M g Address Named Insured Mailing Address RCP Encore Holdings LLC. 33533 W 12 MILE RD STE 290 FARMINGTON HILLS Ml 48331 5635. Policy Information. Producer Information Policy Number HMA 4032301247 Producer Renewal of HMA 4032301247 LOCKTON COMPANIES LLC 444 W 47TH ST Insurer s Name and Address STE 900 Columbia Casualty Company KANSAS CITY MO 64112 151 N Franklin St Chicago IL 60606. Policy Period l Forms and Endorsements Attached to this Policy 07012019 to 07012020 at 1201 a.m. See SCHEDULE OF FORMS AND ENDORSEMENTS Standard Time at your mailing address shown above.. s of Insurance Policy Aggregate Limit of Insurance Producer code 970 089443 Professional Liability See Professional Liability Coverage Part Declarations if any General Liability See General Liability Coverage Part Declarations if any Employee Benefits Liability See Employee Benefits Liability Coverage Part Declarations if any eEiiieu Hioviod. 1 19 AUUlEss. RCP Encore Holdings LLC. 33533 W 12 MILE RD STE 290 FARMINGTON HILLS MI 48331 5635 FVILIV I F 7 4032301247 ddress ompany NIES LLC 64112 089443 Time at your mailing address shown Form No CNA71817XX 01 2016 Policy No HMA 4032301247 Policy Declarations Page 1 of 2 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 5 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Policy Declarations Professional Liability Premium Included in Total Premium General Liability Premium Included in Total Premium Included in Total Premium Terrorism Premium 810 Total Premium 309695.00 Minimum Earned Premium 25 Total Surcharges Taxes and Fees 0 Total Premium Surcharges Taxes and Fees 309695.00. Number of Days Notice of Cancellation Non Renewal Number of Days Cancellation for nonpayment 10 Cancellation for any other reason 10 Nonrenewal 60. No n Information Notice of Claims and Potential Claims Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com e nd Fees 3096 nNdmber or Cancellation for nonpayment Cancellation for any other reason Nonrenewal Form No CNA71817XX 01 2016 Policy No HMA 4032301247 Policy Declarations Page 2 of 2 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Policy Schedule I Endorsement Form Name Form Number Form Ed Number PEI 1 HIPAA PROCEEDINGS SUPPLEMENTARY PAYMENTS CNA71884XX 01 2016 ENDORSEMENT 2 MEDIA EXPENSES SUPPLEMENTARY PAYMENTS CNA71887XX 01 2016 ENDORSEMENT 3 DISCIPLINARY PROCEEDINGS SUPPLEMENTARY CNA71890XX 01 2016 PAYMENTS ENDORSEMENT 4 SEXUAL MISCONDUCT CLAIM SUBLIMIT CNA71857XX 05 2017 ENDORSEMENT 5 WAIVER OF SUBROGATION ENDORSEMENT CNA71861XXC 01 2016 6 CANCELLATION AND NONRENEWAL AMENDATORY CNA71876XX 01 2016 ENDORSEMENT WITH MINIMUM EARNED PREMIUM PROVISIONS 7 EMERGENCY EVACUATION EXPENSES ENDORSEMENT CNA71880XX 01 2016 8 ADDITIONAL INSURED ENDORSEMENT CNA71913XX 01 2016 9 INDEPENDENT CONTRACTOR ENDORSEMENT CNA71922XX 01 2016 10 DEDUCTIBLE ENDORSEMENT APPLICABLE TO CNA71931XX 01 2016 DAMAGES AND DEFENSE COSTS 11 SERVICE OF SUIT ENDORSEMENT CNA74300XX 06 2014 12 ADDITION OF INSURED ENDORSEMENT CNA77987XX 01 2016 13 CAP ON LOSSES FROM CERTIFIED ACTS OF CNAB81753XX 03 2015 TERRORISM ENDORSEMENT HEALTHCARE FACILITIES POLICY PROFESSIONAL CNA71871XX 01 2016 LIABILITY COVERAGE PART DECLARATIONS OFFER OF TERRORISM COVERAGE DISCLOSURE OF CNAB81758XX 03 2015 PREMIUM EMPLOYEE BENEFITS LIABILITY COVERAGE PART CNA71881XX 01 2016 DECLARATIONS POLICYHOLDER NOTICE MICHIGAN CNAB62841MI 01 2016 HEALTHCARE FACILITIES POLICY GENERAL LIABILITY CNA71879XX 01 2016 COVERAGE PART DECLARATIONS HEALTHCARE FACILITIES POLICY DECLARATIONS CNA71817XX 01 2016 GLOSSARY OF DEFINED TERMS CNA71818XX 01 2016 Form No CNA62640XX 01 2016 Policy No HMA 4032301247 Policy Schedule Page 1 of 2 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 7 of 75 Copyright CNA All Rights Reserved. CNA71887XX CNA71890XX CNA71857XX 01 2016 01 2016 05 2017 CNA71861XXC CNA71876XX 01 2016 01 2016 01 2016 01 2016 01 2016 01 2016 CNA74300XX CNA77987XX CNAB1753XX 06 2014 01 2016 03 2015 CNA71871XX CNAB1758XX 01 2016 03 2015 01 2016 01 2016 01 2016 ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Policy Schedule I SCHEDULE OF FORMS AND ENDORSEMENTS Col ued Endorsement Form Name Form Number Number COMMON TERMS AND CONDITIONS CNA71819XX 01 2016 GENERAL LIABILITY COVERAGE PART OCCURRENCE CNA71821XX 01 2016 EMPLOYEE BENEFITS LIABILITY COVERAGE PART CNA71823XX 01 2016 CLAIMS MADE PROFESSIONAL LIABILITY COVERAGE PART CLAIMS CNA71820XX 01 2016 MADE PART Form No CNA62640XX 01 2016 Policy No HMA 4032301247 Policy Schedule Page 2 of 2 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 8 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
cNA Healthcare Primary Policy Conditions I COMMON TERMS AND CON IONS The Insurer designated in the Policy Declarations a stock insurance corporation hereafter called the Insurer and the First Named Insured in consideration of the payment of the premium agree as follows. Terms in bold face type have special meaning as set forth in the GLOSSARY OF DEFINED TERMS or the applicable coverage parts and associated forms and endorsements of this policy. All headings are also in bold face type whether or not they contain defined terms. See the section entitled HEADINGS below. ASSISTANCE AND COOPERATION If there is a claim the Insured must A. forward to the Insurer or its designee copies of the papers and documents if any which inform the Insured of a claim including all notices summonses or other processes regarding legal proceedings B. fully cooperate with the Insurer or its designee in all investigations the making of settlements the conduct of suits or other proceedings enforcing any right of contribution or indemnity against another who may be liable to the Insured because of the claim. The Insured shall attend hearings and trials assist in securing and giving evidence and obtaining the attendance of witnesses and C. refuse except at the Insured s own cost to voluntarily make any payment assume any obligation or incur any expense other than reasonable medical expenses incurred at the time of the event and payable pursuant to the section entitled COVERAGES paragraph C. Medical Payments of the General Liability Coverage Part. BANKRUPTCY Bankruptcy or insolvency of the Insured or of the Insured s estate will not relieve the Insurer of its obligations under this policy. CANCELLATION AND NON RENEWAL The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this policy. CHANGES TO THE POLICY Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this policy. Nor will such notice prevent the Insurer from asserting any rights under the provisions of this policy. of the provisions of this policy will be waived changed or modified except by written endorsement issued to form a part of this policy. CHANGES TO THE BUSINESS ACQUISITIONS AND MERGERS A. The Named Insured must provide prior notice to the Insurer of the following events 1. material or significant changes to the type or volume of the professional services reported to the Insurer in the Named Insured s application unless such change is due to the acquisition or formation of a new subsidiary in which case the section entited NEW AND EXISTING SUBSIDIARIES CESSATION OF SUBSIDIARY STATUS paragraph A. will control. 2. the Named Insured s merger with another entity or 3. the acquisition of all or substantially all of the Named Insured s assets by another entity B. Upon receipt of such notice the Insurer may 1. adjust the premium to reflect the added exposure or Form No CNA71819XX 01 2016 Policy No HMA 4032301247 Policy Conditions Page 1 of 8 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Policy Conditions 2. solely with respect to items set forth in paragraphs A.2. and A.3. above deem this policy to have ceased with respect to claims made against the Insured based on any act error or omission in the rendering of professional services or any occurrence or offense committed or allegedly committed on or subsequent to the time and date of said event. In such case the policy period shall remain unaltered and coverage will continue but only with respect to any act error or omission in the rendering of professional services or any occurrence or offense committed or allegedly committed prior to the time and date of any such event in accordance with all other terms and conditions of this policy. CONCEALMENT MISREPRESENTATION AND FRAUD No concealment misrepresentation or fraud shall avoid or defeat recovery under this policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. DUTIES AS THE FIRST NAMED INSURED ON THE DECLARATIONS The First Named Insured on behalf of all others will be A. authorized to make changes in the terms of this policy with the consent of the Insurer B. the payee of any premiums the Insurer refunds C. responsible for 1. the payment of all premiums due 2. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer 3. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this policy. ECONOMIC AND TRADE SANCTIONS This policy does not provide coverage for Insureds transactions or that part of damages or defense costs that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. ENTIRE CONTRACT By acceptance of this policy the Insureds agree that this policy consisting of these COMMON TERMS AND CONDITIONS the coverage parts the GLOSSARY OF DEFINED TERMS and all endorsements to this policy constitute the entire contract existing between the parties relating to this insurance. ESTATES LEGAL REPRESENTATIVES SPOUSES AND DOMESTIC PARTNERS The estates heirs legal representatives assigns spouses and any domestic partner of a natural person Named Insured shall also be insured under this policy provided however coverage is afforded to such estates heirs legal representatives assigns spouses or domestic partners only for claims arising solely out of their status as such and in the case of a spouse or domestic partner where such claim seeks damages from marital community property jointly held property or property transferred from the Named Insured to such spouse or domestic partner. No coverage is provided for any act error or omission of an estate heir legal representative assign spouse or domestic partner. EXAMINATION OF THE NAMED INSURED S BOOKS AND RECORDS The Insurer may examine and audit the Named Insured s books and records as they relate to this policy at any time during the policy period and up to 3 years afterward. Form No CNA71819XX 01 2016 Policy Conditions Page 2 of 8 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 10 of 75 | 2 |
CNA Healthcare Primary Policy Conditions EXTENDED REPORTING PERIOD A. Automatic Extended Reporting Period With respect to any coverage part written on a claims made basis the Insurer will provide the First Named Insured with an automatic noncancelable extended reporting period starting at the termination of the policy period if the Insured has not obtained replacement coverage whether a policy or risk transfer instrument including but not limited to self insured retentions deductibles or other alternative arrangements within sixty 60 days of the termination of this policy. This automatic extended reporting period will terminate after sixty 60 days. B. Optional Extended Reporting Period With respect to any coverage part written on a claims made basis if the First Named Insured has not obtained replacement coverage and writes to the Insurer within 60 days of the termination date telling the Insurer that it wants a further extension and pays any amounts owed to the Insurer promptly when due together with any earned but unpaid premium which may be due under the terminated policy the period of time allowed by the policy for the reporting of claims to the insurer will be further extended in accordance with the rules rates and rating plans in effect for the Insurer at the inception of the reporting period. Once paid the premium for this option is non refundable and considered fully earned. C. Itis understood and agreed that no extended reporting period shall be construed to be a new policy and any claim submitted during an extended reporting period shall otherwise be governed by this policy. The Insurer s liability for all claims reported during the automatic and optional extended reporting periods shall be part of and not in addition to the limits of liability for the policy period as set forth in the Declarations. D. The optional extended reporting period if any will run concurrently with the automatic extended reporting period. If purchased extended reporting period coverage may not be cancelled. Such extended reporting periods as set forth in paragraphs A. or B. above shall not apply to claims that are covered under any subsequent insurance the Insured purchases or that would be covered but for exhaustion of the limit of insurance applicable to such claims. GOVERNMENT ACCESS TO RECORDS In accordance with the requirements of Section 952 of the Omnibus Reconciliation Act of 1980 and upon written request the Insurer will allow the Secretary of Health and Human Services and the Comptroller General access to the policy and necessary books documents and records to verify the cost of the policy to the extent required by law. Access will also be allowed to subcontracts between the Insurer and any of its related organizations and to such organization s books documents and records. Such access will be provided up to four 4 years after the services furnished under this policy end. HEADINGS The description in the headings and subheadings of this policy is solely for convenience and forms no part of the terms and conditions of coverage. INSPECTIONS AND SURVEYS The Insurer has the right but is not obligated to A. make inspections and surveys at any time B. give the Named Insured reports on the conditions it finds C. recommend changes or D. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. Form No CNA71819XX 01 2016 Policy No HMA 4032301247 Policy Conditions Page 3 of 8 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 75 Copyright CNA All Rights Reserved. Healthcare Primary Policy Conditions Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 11 of 75 | 2 |
CNA Healthcare Primary Policy Conditions The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any entity to provide for the health or safety of workers or the public nor 3. warrant that conditions a. are safe or healthful or b. comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf. INSURANCE UNDER MORE THAN ONE COVERAGE If more than one of this policy s coverage parts apply to the same claim the Insurer will not pay more than the limit of insurance of the coverage part most applicable to the type of claim which shall be determined at the Insurer s sole discretion. LEGAL ACTION LIMITATION No Insured may bring any legal action against the Insurer concerning this policy until A. the Insured has fully complied with all the provisions of this policy and B. the amount of the Insured s obligation to pay has been decided. Such amount can be set by judgment against the Insured after actual trial or arbitration proceeding or by written agreement between the Insured the claimant and the Insurer. Any claimant or its legal representative is entitled to recover under this policy after it has secured a judgment or written agreement. Recovery is limited to the extent of the insurance afforded by this policy. No claimant has any right under this policy to include the Insurer in any action against the Insured to determine the Insured s liability nor will the Insured or the Insured s representative bring the Insurer into such an action. If the Insured or the Insured s estate becomes bankrupt or insolvent it does not change any of the Insurer s obligations under this policy. LIMITS OF INSURANCE POLICY AGGREGATE The Limits of Insurance are subject to the rules set forth under each coverage part under the section entitled LIMITS OF INSURANCE. The Limits of Insurance for each coverage part as applicable are subject to the Policy Aggregate Limit of Insurance if any as specified in the Policy Declarations. As such any aggregate Limit of Insurance in any Coverage Part Declarations are sublimits which are part of and not in addition to the Policy Aggregate Limit of Insurance. NEW AND EXISTING SUBSIDIARIES CESSATION OF SUBSIDIARY STATUS A. Newly Acquired and Newly Formed Subsidiaries If after the effective date of this policy any Insured Entity first has management control of any newly acquired or newly formed entity such entity and any subsidiaries directors officers trustees or employees of such entity who otherwise would thereby become an Insured shall be covered under this policy in conformance with all terms and conditions of this policy and with respect to such newly acquired or newly formed entity subject to the following Healthcare Primary Policy Conditions Form No CNA71819XX 01 2016 Policy Conditions Page 4 of 8 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 12 of 75 | 2 |
CNA Healthcare Primary Policy Conditions 1. where coverage is provided on a Claims Made basis both the occurrence act error or omission or offense giving rise to the claim and the claim itself is made on or after the effective date of management control and within 90 days of such effective date or on the termination of this policy whichever is earlier and 2. where coverage is written on an occurrence basis the bodily injury or property damage or offense giving rise to personal and advertising injury occurred on or after the effective date of management control and within 90 days of such effective date or on the termination of this policy whichever is earlier. Notwithstanding the above if the Insurer agrees to provide coverage to such newly acquired or newly formed entity such entity will be listed in a Subsidiary Endorsement and coverage for such subsidiary will then apply in conformance with the provisions of such Subsidiary Endorsement. B. Underwritten Subsidiaries Except with respect to coverage provided to newly acquired or newly formed subsidiaries under paragraph A. above coverage for any subsidiary or any natural person executive officer or employee of any such subsidiary applies in conformance with all terms and conditions of this policy and that with respect to any such subsidiaries and its executive officers or employees coverage is also subject to the following 1. where coverage is written on a Claims Made basis a. the claim is both first made during the policy period and on or after the effective date of management control and b. the claim is based on or arises out of any occurrence act error or omission or offense that occurred i. on or after the date an Insured Entity first had management control of any such subsidiary or ii. on or after the date such subsidiary became continuously insured without interruption under any applicable claims made policy which date is indicated on a Schedule of Subsidiary Retroactive Dates submitted annually or as requested by the Insurer whichever is earlier unless such subsidiary is listed in the Subsidiary Endorsement and a retroactive date is specified for such subsidiary in such endorsement. 2. where coverage is written on an occurrence basis the bodily injury or property damage or offense giving rise to personal and advertising injury occurred on or after the effective date of management control. C. Cessation of Subsidiary On the date when management control ceases the termination date subject to all other terms and conditions of this policy coverage applies only to 1. with respect to claims made coverage acts error or omissions or occurrences or offenses causing personal and advertising injury that happened on or after the retroactive date if any or if none on or after the effective date of this policy and prior to the termination date 2. with respect to occurrence coverage acts errors or omission or bodily injury property damage or an offense causing personal and advertising injury that happened within the policy period and prior to the termination date. NOTICE OF CLAIMS AND POTENTIAL CLAIMS A. With respect to any coverage part written on a Claims Made basis Form No CNA71819XX 01 2016 Policy Conditions Page 5 of 8 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 13 of 75 | 2 |
CNA Healthcare Primary Policy Conditions 1. Notice of Claims The Insured as a condition precedent to the obligations of the Insurer under this policy must give the Insurer written notice of any claim as soon as possible and during the coverage relationship. The Insurer agrees that the Insured may have up to but not to exceed 30 days after the termination of the coverage relationship to report a claim made against the Insured during the policy period if the reporting of such claim is done as soon as possible. 2. Notice of Potential Claims If during the coverage relationship any authorized insured becomes aware of a. with respect to the Professional Liability Coverage Part any act error or omission in the rendering of professional services or b. with respect to the General Liability Coverage Part bodily injury or property damage arising out of an occurrence or an offense causing personal and advertising liability or c. with respect to the Employee Benefits Liability Coverage Part any act error or omission committed in the administration of the Insured Entity s employee benefit program that may reasonably be expected to be the basis of a claim against the Insured and gives written notice during the coverage relationship to the Insurer of such act error or omission or such injury occurrence or offense and the reasons for anticipating a claim with full particulars including but not limited to i. the specific act error or omission or the specific injury occurrence or offense and the dates and persons involved and the identity of anticipated or possible claimants and iv. the consequences which have resulted or may result from such act error or omission or such injury occurrence or offense and v. the nature of the potential monetary amounts or non monetary relief which may be sought in consequence of such specific act error or omission or such specific injury occurrence or offense then any claim whenever made that arises out of such reported act error or omission or such inj occurrence or offense shall be deemed to have been made at the time such written notice of the potential claim was first given to the Insurer. 3. When A Claim is Made Except as set forth in paragraph 2. Notice of Potential Claims a claim will be deemed first made at the earliest of the following times a. when any authorized insured first receives a written or oral demand or b. when any authorized Insured is first served with a suit. B. With respect to any coverage part written on an occurrence basis 1. The Insured must see to it that the Insurer is notified as soon as possible of an occurrence or an offense which may result in a claim. To the extent possible notice should include a. how when and where the occurrence or offense took place b. the names and addresses of any injured persons and witnesses and Healthcare Primary Policy Conditions Form No CNA71819XX 01 2016 Policy Conditions Page 6 of 8 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 14 of 75 | 2 |
CNA Healthcare Primary Policy Conditions c. the nature and location of any injury or damage arising out of the occurrence or offense. 2. If a claim is made against any Insured the Insured must a. immediately record the specifics of the claim and the date received and b. notify the Insurer in writing as soon as possible. 3. The Insured must a. immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim b. authorize the Insurer to obtain records and other information. OTHER INSURANCE OR RISK TRANSFER ARRANGEMENTS Any claim insured under any other insurance policy or risk transfer instrument including but not limited to self insured retentions deductibles or other alternative arrangements which applies to this claim shall be paid first by those instruments policies or other arrangements. It is the intent of this policy to apply only to loss that is more than the total limit of all deductibles retentions limits of insurance self insured amounts or other valid and collectible insurance or risk transfer arrangements whether primary contributory excess contingent or otherwise. In no event will the Insurer pay more than its limit of insurance. These provisions do not apply to other insurance policies or risk transfer arrangements written as specific excess insurance over the Limits of Insurance of the policy. PREMIUM All premium charges under this policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. The Insurer computes the premium that the Named Insured pays for this policy using information available prior to the effective date of the policy. On some policies the Insurer charges a fixed amount with no adjustment later. On auditable policies all or part of the Named Insured s premium may be based on estimates. The deposit premium for auditable policies is shown on an audit endorsement and is due on the inception date of the policy. On auditable policies the Insurer computes the Named Insured s actual premium when complete information is available after the end of the policy period. If it is more than the Named Insured has already paid the Named Insured owes the Insurer the difference. If it is less the Insurer shall pay the Named Insured back the difference. However the Named Insured will not pay less than any minimum annual premium agreed upon. The Named Insured must keep accurate records of the information the Insurer requires to compute the Named Insured s premium. The Named Insured agrees to send the Insurer these records at the end of each policy period or any other time requested by the Insurer. SEVERABILITY OF INTERESTS Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy 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 a claim is made. Form No CNA71819XX 01 2016 Policy Conditions Page 7 of 8 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 15 of 75 | 2 |
CNA Healthcare Primary Policy Conditions TERMS AND CONDITIONS The terms and conditions of each coverage part apply only to that coverage part and shall not apply to any other coverage part. If any provision in these COMMON TERMS AND CONDITIONS is inconsistent with or in conflict with the terms and conditions of any coverage part the terms and conditions of such coverage part shall control for purposes of that coverage part. TERRITORY This policy applies to acts errors or omissions occurrences and offenses including offenses that take place through the Internet or similar electronic means of communication occurring any where in the world provided that the claim is made and any legal proceedings are pursued within the United States of America its territories possessions or commonwealths Puerto Rico or Canada. TRANSFER OF INTEREST Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. TRANSFER OF RIGHTS OF RECOVERY If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary to secure the Insurer s rights and must do nothing to prejudice such rights. Healthcare Primary Policy Conditions IN WITNESS WHEREOF the Insurer has caused this policy to be signed by the Insurer s Chairman and Secretary but this policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations and signed by the Insurer s duly authorized representative. Chairman of the Board Secretary Form No CNA71819XX 01 2016 Policy Conditions Page 8 of 8 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 16 of 75 | 2 |
cNA Healthcare Primary Glossary I SSARY OF DEFINED TERMS This Glossary of Defined Terms applies to the Professional Liability Coverage Part the General Liability Coverage Part and the Employee Benefits Liability Coverage Part. For purposes of this policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. ADMINISTRATION Administration means A. providing information to employees including their dependents and beneficiaries with respect to eli for or scope of employee benefit programs B. handling records in connection with the employee benefit program or effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. ADMINISTRATIVE SERVICES Administrative services means planning organizing directing and controlling on the Insured Entity s behalf the medical operations of the Insured Entity by or on behalf of an administrator. Administrative services include services as a member of a formal review board. Administrative services do not include employment benefit plan program or policy consultation administration or implementation billing services recording of accounts or monetary transactions financial reporting and budgeting administration of insurance plans including claims administration billing and collection services case management utilization management or utilization review performed for others quality assurance and risk management activities performed for others marketing and advertising activities Tommoow p designing developing programming distributing installing licensing servicing and maintaining computer hardware and software including web based applications web sites and online services. ADMINISTRATOR Administrator means any natural person executive officer superintendent medical director any department head including the head of the medical staff any formal review board member any staff member or any stockholder of the Insured Entity but solely to the extent that he or she performs administrative services on the Insured Entity s behalf. ADVERTISEMENT Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Insured Entity s 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 Form No CNA71818XX 01 2016 Policy No HMA 4032301247 Glossary Page 1 of 16 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 17 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Glossary B. regarding web sites only that part of a web site that is about the Insured Entity s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. ARBITRATION PROCEEDING Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. ASBESTOS Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. AUTHORIZED INSURED Authorized Insured means any executive officer member of the Named Insured s human resources risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. AUTO Auto means A. aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. BODILY INJURY Bodily injury means bodily injury sickness or disease sustained by a person including death. Bodily injury also includes mental injury or mental anguish sustained by a person at any time if such mental injury or mental anguish results as a consequence of such bodily injury sickness or disease. CAFETERIA PLANS Cafeteria plans means plans authorized by applicable law to allow employees as defined with respect to the Employee Benefits Liability Coverage Part to elect to pay for certain benefits with pre tax dollars. CLAIM Claim means A. a civil proceeding in which damages because of injury to which this insurance applies are alleged including 1. an arbitration proceeding alleging such damages or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent or B. a written or oral demand for damages alleging injury to which this insurance applies. COVERAGE PART Coverage Part means only those coverage parts designated as included in the Declarations. Form No CNA71818XX 01 2016 Glossary Page 2 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 18 of 75 | 2 |
CNA Healthcare Primary Glossary COVERAGE RELATIONSHIP Coverage relationship means that period of time that begins on the effective date of the first policy issued by the Insurer to the First Named Insured of which this policy is a renewal in a consecutive series of renewals and the cancellation date or nonrenewal date of the last such consecutive renewal policy issued by the Insurer to the First Named Insured where there has been no gap in coverage. DAMAGES Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of 1. with respect to the Professional Liability Coverage Part acts errors or omissions in the rendering of professional services or 2. with respect to the General Liability Coverage Part occurrences causing bodily injury or property damage or offenses causing personal and advertising injury covered by this policy 3. with respect to the Employee Benefits Liability Coverage Part acts errors or omissions negligently committed in the administration of the Insured Entity s employee benefit program. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include a. with respect to any claim i. restitution return or disgorgement of fees costs and expenses paid or incurred or charged by an Insured no matter whether claimed as restitution of specific funds forfeiture financial loss set off or otherwise and injuries that are a consequence of any of the foregoing civil or criminal fines sanctions penalties forfeitures or taxes whether pursuant to statute regulation or court rule including those imposed under the Internal Revenue Code iii. the multiplied portion of multiplied awards imposed pursuant to any statute or regulation requiring such awards iv. injunctive or declaratory relief v. any amount that is not insurable under any applicable law or vi. plaintiff s attorney fees associated with any of the above b. in addition to paragraph a. i. through vi. above with respect to the Employee Benefits Liability Coverage Part damages also does not include i. any amounts for benefits to the extent that such benefits are available with reasonable effort and cooperation of the Insured from the applicable funds accrued or other collectible insurance or any amounts that exceed the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 3 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 19 of 75 | 2 |
CNA Healthcare Primary Glossary DEFENSE COSTS Defense costs mean A. reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Insured Entity in the defense or appeal of any covered claim and includes premium for appeal bonds attachment bonds or similar bonds arising out of a covered judgment but only such premium up to the applicable limit of insurance. In addition the Insurer will pay 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 bodily injury coverage applies. The Insurer has no obligation to provide such bonds. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the limit of insurance of this policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. all reasonable expenses incurred by an Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes the Insured s actual loss of earnings up to 750 per day because of time off from work. Solely with respect to the General Liability Coverage Part If the Insurer defends an Insured against a claim and an indemnitee of the Insured is also named as a party to the claim the Insurer will defend that indemnitee if all of the following conditions are met 1. the claim 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 4. the allegations in the claim and the information the Insurer knows about the occurrence are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee 5. the indemnitee and the Insured ask the Insurer to conduct and control the defense of that indemnitee against such claim and agree that the Insurer can assign the same counsel to defend the Insured and the indemnitee and 6. the indemnitee a. agrees in writing to i. cooperate with the Insurer in the investigation settlement or defense of the claim ii. immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim notify any other insurer whose coverage is available to the indemnitee and iv. cooperate with the Insurer with respect to coordinating other applicable insurance available to the indemnitee and Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 4 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 20 of 75 | 2 |
CNA Healthcare Primary Glossary b. provides the Insurer with written authorization to i. obtain records and other information related to the claim and conduct and control the defense of the indemnitee in such claim. So long as the above conditions are met attorneys fees incurred by the Insurer in the defense of that indemnitee necessary litigation expenses incurred by the Insurer and necessary litigation expenses incurred by the indemnitee at the Insurer s request will be paid as defense costs and as such such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. The Insurer s obligation to defend an Insured s indemnitee and to pay for attorneys fees and necessary litigation expenses ends when the Insurer has 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 6. above are no longer met. However defense costs do not include i. salaries wages fees overhead or benefit expenses associated with an Insured Entity s executive officers or employees ii. fees and expenses of independent adjusters engaged by the Insurer or salaries of the Insurer s officials or employees other than fees and expenses charged by the Insurer s employed attorneys who may be designated to represent an Insured with such Insured s consent. DOMESTIC PARTNER Domestic partner means any person qualifying as such under any federal state or local laws or under the Insured Entity s employee benefit plans or employee benefits program. ELECTRONIC DATA 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. EMPLOYEE Employee means A. with respect to the Employee Benefits Liability Coverage Part 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 B. with respect to the Professional Liability Coverage Part and the General Liability Coverage Part a person whose work the Insured Entity engaged and directed including students and volunteers. An employee includes seasonal and temporary employees and employees leased or loaned to the Insured Entity. An independent contractor is not an employee. Solely with respect to the Professional Liability Coverage Part an employee does not include interns residents physicians surgeons dentists nurse anesthetists nurse midwives podiatrists or chiropractors acting in their capacity as such except and solely to the extent they are rendering Good Samaritan services proctoring services or administrative services. Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 5 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 21 of 75 | 2 |
CNA Healthcare Primary Glossary EMPLOYEE BENEFIT PROGRAM Employee benefit program means a program providing some or all of the following benefits to employees as defined with respect to the Employee Benefits Liability Coverage Part whether provided through a cafeteria plan or otherwise A. group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements B. profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits C. unemployment insurance social security benefits workers compensation and disability benefits or D. vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. EXECUTIVE OFFICER Executive officer means any natural person director officer trustee or governor of a corporation management committee member of a joint venture partner of any partnership or manager or member of the Board of Managers of a limited liability company. Solely with respect to the Professional Liability Coverage Part an executive officer does not include interns residents physicians surgeons dentists nurse anesthetists podiatrists or chiropractors except and solely to the extent they are rendering Good Samaritan services proctoring services or administrative services. EXTENDED REPORTING PERIOD Extended reporting period means A. with respect to the Professional Liability Coverage Part the period of time after the end of the policy period for reporting claims to the Insurer that are made against an Insured during the applicable extended reporting period arising out of acts errors or omissions that took place on or after any applicable Retroactive Date and prior to the end of the policy period B. with respect to the General Liability Claims Made Coverage Part the period of time after the end of the policy period for the reporting of claims to the Insurer that are made against the Insured during the applicable extended reporting period arising out of an occurrence causing bodily injury or property damage which occurrence took place on or after any applicable Retroactive Date and prior to the end of the policy period or arising out of an offense causing personal and advertising injury which offense took place on or after any applicable Retroactive Date and prior to the end of the policy period C. with respect to the Employee Benefits Liability Coverage Part the period of time after the end of the policy period for reporting claims to the Insurer that are made against an Insured during the applicable extended reporting period arising out of acts errors or omissions negligently committed in the administration of the Insured Entity s employee benefit program that took place on or after any applicable Retroactive Date and prior to the end of the policy period FIRST NAMED INSURED First Named Insured means the entity first listed as a Named Insured in the Declarations. Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 6 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 22 of 75 | 2 |
CNA Healthcare Primary Glossary FORMAL REVIEW BOARD Formal review board means the Insured Entity s official boards or committees formed for the purpose of A. evaluating the qualifications or performance of the Insured Entity s professional staff or B. evaluating maintaining and ensuring the quality of professional services being provided at the Insured Entity s healthcare facility. FUNGI 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. However fungi does not include any fungi intended by the Insured for consumption. GOOD SAMARITAN SERVICES Good Samaritan services means services provided by a natural person Insured A. in a sudden and unforeseen emergency situation or B. at the direction of an Insured Entity for which no remuneration is expected demanded or received. HAZARDOUS PROPERTIES Hazardous properties means radioactive toxic or explosive properties. HEALTHCARE SERVICES Healthcare services means services performed on behalf of the Insured Entity by an Insured or by someone for whom an Insured is liable to care for or assist the Insured Entity s patient. Healthcare services include the furnishing of food beverages medications or appliances in connection with such services and the postmortem handling of human bodies. HOSTILE FIRE Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. IMPAIRED PROPERTY Impaired property means tangible property other than insured product or insured work that can not be used or is less useful because A. it incorporates insured product or insured work that is known or thought to be defective deficient inadequate or dangerous or B. the Insured Entity has 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 insured product or insured work or the Insured Entity s fulfilling the terms of the contract or agreement. INSURED Insured means any Insured Entity and A. with respect to coverage under the Professional Liability Coverage Part 1. the Insured Entity s executive officers and employees but solely with respect to professional services rendered on behalf of the Insured Entity Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 7 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 23 of 75 | 2 |
CNA Healthcare Primary Glossary 2. the Insured Entity s administrator but solely with respect to ad of the Insured Entity trative services performed on behalf 3. any person or organization to whom or to which the Insured Entity is obligated by virtue of a written contract or agreement a. to add to this policy as an additional insured for its liability or b. to hold harmless or indemnify such person or organization but such person or organization is an insured exclusively for the vicarious liability imposed upon such person or organization because of acts errors or omissions in the rendering of covered professional services by the Insured Entity and only to the extent of the limits of insurance required by such contract or agreement not to exceed the limits of insurance of this policy. However this provision does not apply i. unless the written contract or agreement has been executed prior to the act error or omission in the rendering of professional services upon which the claim is based. The contract or agreement will be considered executed when the Insured s performance begins or when it is signed whichever happens first or to any person or organization for its liability arising out if its own acts errors or omissions. Further where required by such written contract or agreement coverage for such person or organization shall be primary and non contributory as respects any other insurance policy issued to such additional insured. Otherwise the section entitled OTHER INSURANCE OR RISK TRANSFER ARRANGEMENTS in the COMMON TERMS AND CONDITIONS applies. B. with respect to coverage under the General Liability Coverage Part 1. the Insured Entity s executive officer but only with respect to the conduct of the Insured Entity s business or the Insured Entity s stockholders but only with respect to their liability as stockholders the Insured Entity s employee but only for acts within the scope of their employment by the Insured Entity or while performing duties related to the conduct of the Insured Entity s business. However none of these employees is an Insured for a. bodily injury or personal and advertising injury i. to the Insured Entity to an Insured Entity s executive officers or to a co employee while such injured person is either in the course of his or her employment or performing duties related to the conduct of the Insured Entity s business to the spouse domestic partner child parent brother or sister of such injured person as a consequence of paragraph i. above or for which there is any obligation to share damages with or damages because of the injury described in paragraphs i. or pay someone else who must pay above. b. property damage to property i. owned occupied or used by rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Insured Entity any of its employees or executive officers. 4. any person other than the Insured Entity s employee or any organization while acting as the Insured Entity s real estate manager. Form No CNA71818XX 01 2016 Policy No HMA 4032301247 Glossary Page 8 of 16 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 24 of 75 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 24 of 75 | 2 |
CNA Healthcare Primary Glossary C. 5. any person or organization having proper temporary custody of a natural person Named Insured s property if he or she dies but only a. with respect to liability arising out of the maintenance or use of that property and b. until such Named Insured s legal representative has been appointed. 6. any person or organization to whom or to which the Insured Entity is obligated by virtue of a written contract agreement or permit a. to add to this policy as an additional insured for its liability or b. to hold harmless or indemnify such person or organization but such person or organization is an insured exclusively for bodily injury or property damage arising out of an occurrence or personal and advertising injury arising out of an offense for which such person or organization is vicariously liable because of acts or omissions committed by the Insured Entity and only to the extent of the limits of insurance required by such contract or agreement not to exceed the limits of insurance of this policy. However coverage under this provision does not apply i. unless the written contract or agreement has been executed or the permit has been issued prior to the bodily injury property damage or offense. The contract or agreement will be considered executed when the Insured s performance begins or when it is signed whichever happens first or ii. to any person or organization a for bodily injury property damage or personal and advertising injury arising out of its own acts or omissions or b included as an Insured by an endorsement issued by the Insurer and made a part of this policy. Further where required by such written contract or agreement coverage for such person or organization shall be primary and non contributory as respects any other insurance policy issued to such additional insured. Otherwise the section entitled OTHER INSURANCE OR RISK TRANSFER ARRANGEMENTS in the COMMON TERMS AND CONDITIONS applies. with respect to coverage under the Employee Benefits Liability Coverage Part 1. the Insured Entity s executive officer but only for the administration of the Insured Entity s employee benefit program or 2. the Insured Entity s employee authorized to administer its employee benefit program or 3. any person organization or employee having proper temporary authorization to administer the Insured Entity s employee benefit program but only until an authorized legal representative is appointed on behalf of the Insured Entity. INSURED CONTRACT 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 the Insured Entity or temporarily occupied by the Insured Entity with permission of the owner is not an insured contract a sidetrack agreement any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad Form No CNA71818XX 01 2016 Glossary Page 9 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 25 of 75 | 2 |
CNA Healthcare Primary Glossary 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 the Insured Entity s business including an indemnification of a municipality in connection with work performed for a municipality under which the Insured Entity assumes 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. However insured contract 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 bodily injury or property damage arising out of a. preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 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 paragraph 2. above and supervisory inspection architectural or engineering activities. INSURED ENTITY Insured Entity means the natural person or entity Named Insured and any subsidiary. INSURED PRODUCT Insured product means A. C. any goods or products other than real property manufactured sold handled distributed or disposed of by 1. the Insured Entity 2. others trading under the Insured Entity s name or 3. a person or organization whose business or assets the Insured Entity has acquired and containers other than vehicles materials parts or equipment furnished in connection with such goods or products warranties or representations made at any time with respect to the fitness quality durability performance or use of insured product and the providing of or failure to provide warnings or instructions Insured product does not include vending machines or other property rented to or located for the use of others but not sold. Form No CNA71818XX 01 2016 Glossary Page 10 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 26 of 75 | 2 |
CNA Healthcare Primary Glossary INSURED WORK Insured work means A. work or operations performed by the Insured Entity or on the Insured Entity s behalf and B. materials parts or equipment furnished in connection with such work or operations. Insured Work includes warranties or representations made at any time with respect to the fitness quality durability performance or use of insured work and the providing of or failure to provide warnings or instructions. LEASED WORKER Leased worker means a person leased to the Insured Entity by a labor leasing firm under an agreement between Insured Entity and the labor leasing firm to perform duties related to the conduct of the Insured Entity s business. Leased worker does not include a temporary worker. LOADING OR UNLOADING 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. However 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. MANAGEMENT CONTROL Management control means A. owning interests representing more than 50 of the voting appointment or designation power for the selection of a majority of the Board of Directors of a corporation the management committee members of a joint venture or the members of the management board of a limited liability company or B. having the right pursuant to the Named Insured s written contract or the by laws charter operating agreement or similar documents to elect appoint or designate a majority of the Board of Directors of a corporation the management committee of a joint venture or the management board of a limited liability company. MEDICARE MEDICAID CLAIM Medicare Medicaid Claim means a claim based on or arising out of any actual or alleged violation of law with respect to Medicare Medicaid Tricare or any similar federal state or local governmental program. MICROBE 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. However microbe does not mean microbes that were transmitted directly from person to person. Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 11 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 27 of 75 | 2 |
CNA Healthcare Primary Glossary MOBILE EQUIPMENT 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 the Insured Entity owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 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 land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. NAMED INSURED Named Insured means the entity listed as such in the Declarations. NUCLEAR FACILITY Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 12 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 28 of 75 | 2 |
CNA Healthcare Primary Glossary 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 D. any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. NUCLEAR MATERIAL Nuclear material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. NUCLEAR REACTOR Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. NUCLEAR WASTE Nuclear Waste means waste material A. containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. OCCURRENCE Occurrence means an accident including continuous or repeated exposure to the same general harmful conditions. PERSONAL AND ADVERTISING INJURY Personal and adverti the following offenses g injury means injury including consequential bodil injury arising out of one or more of A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. wrongful eviction from wrongful entry into or the 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 Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 13 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 29 of 75 | 2 |
CNA Healthcare Primary Glossary F. the use of another s advertising idea in the Insured Entity s advertisement or G. infringing upon another s copyright trade dress or slogan in the Insured Entity s advertisement. POLICY PERIOD Policy period means the time from 1201 A.M. on the effective date of this policy as set forth in the Declarations to the earlier of 1201 A.M. of the expiration termination or cancellation date of this policy. POLLUTANTS Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. POTENTIAL CLAIM Potential claim means A. with respect to the Professional Liability Coverage Part an act error or omission in the rendering of professional services that any authorized insured has reason to believe would give rise to a claim or B. with respect to the General Liability Coverage Part bodi occurrence or an offense causing personal and advel believe would give rise to a claim injury or property damage arising out of an g injury that any authorized insured has reason to C. with respect to the Employee Benefits Liability Coverage Part an act error or omission committed in the administration of the Insured Entity s employee benefit program that any authorized insured has reason to believe would give rise to a claim. PROCTORING SERVICES Proctoring services means supervision training assistance coaching or guidance provided by or on the Insured Entity s behalf by A. a physician or any other health care professional licensed trained and qualified to provide such supervision training assistance coaching or guidance or B. any other person under the supervision training or direction and control of such physician or health care professional. PROFESSIONAL SERVICES Professional services means the rendering to others of healthcare services Good Samaritan services proctoring services or administrative services. PRODUCTS COMPLETED OPERATIONS HAZARD Products completed operations hazard means bodily injury and property damage occurring away from premises the Insured Entity owns or rents and arising out of an insured product or insured work except A. products that are still in the Insured Entity s physical possession or B. work that has not yet been completed or abandoned. However insured work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Insured Entity s contract has been completed 2. when all of the work to be done at the job site has been completed if the Insured Entity s contract calls for work at more than one job site or Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 14 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 30 of 75 | 2 |
CNA Healthcare Primary Glossary 3. 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. However products completed operations hazard does not include bodil of jury or property damage arising out 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 the Insured Entity and that condition was created by the loading or unloading of that vehicle by any Insured or 2. the existence of tools uninstalled equipment or abandoned or unused materials. PROPERTY DAMAGE Property damage means physical injury to A. 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. However electronic data is not tangible property. RELATED ACTS ERRORS OR OMISSIONS Related acts errors or omissions means A. with respect to the Professional Liability Coverage Part all acts errors or omissions in the rendering of professional services that are logically or causally connected by any common fact circumstance situation transaction event advice or decision or B. with respect to the Employee Benefits Liability Coverage Part all acts errors or omissions negligently committed in the administration of the Insured Entity s employee benefits program that are logically or causally connected by any common fact circumstance situation transaction event advice or decision. RELATED CLAIM Related claim means A. with respect to the Professional Liability Coverage Part all claims arising out of a single act error or omission or arising out of related acts errors or omissions in the rendering of professional services B. with respect to the General Liability Coverage Part 1. Bodily Injury and Property Damage Liability Coverage all claims arising out of the same occurrence or arising out of related occurrences 2. Personal and Advertising Injury Liabil out of related offenses y Coverage all claims arising out of the same offense or arising C. with respect to the Employee Benefits Liability Coverage Part all claims arising out of a single act error or omission or arising out of related acts errors or omissions negligently committed in the administration of the Insured Entity s employee benefits program. Form No CNA71818XX 01 2016 Glossary Page 15 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 31 of 75 | 2 |
CNA Healthcare Primary Glossary RELATED OCCURRENCES Related occurrences means all occurrences giving rise to bodily injury or property damage that are logically or causally connected by any common fact circumstance situation transaction or event. RELATED OFFENSES Related offenses means all offenses giving rise to personal and advertising injury that are logically or causally connected by any common fact circumstance situation transaction or event. SILICA Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. SPENT FUEL Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. SUBSIDIARY Subsidiary means any entity in which the Named Insured has management control A. on the effective date of this policy or B. after the effective date of this policy by reason of being created or acquired by an Insured Entity after such date if and to the extent coverage with respect to the entity is afforded pursuant to the section entitled NEW AND EXISTING SUBSIDIARIES CESSATION OF SUBSIDIARY STATUS of the COMMON TERMS AND CONDITIONS. TEMPORARY WORKER Temporary worker means a worker who is furnished to the Insured Entity to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Healthcare Primary Glossary Form No CNA71818XX 01 2016 Glossary Page 16 of 16 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 32 of 75 | 2 |
CNA Healthcare Primary Coverage Part Declarations I PROFESSIONAL LIABILITY COVERAGE PART DE RATIONS. Named Insured and Mailing Address Named Insured Mailing Address RCP Encore Holdings LLC. 33533 W 12 MILE RD STE 290 FARMINGTON HILLS Ml 48331 5635. Policy Period Effective date from 07012019 to 07012020 at 1201 A.M. Standard Time at the First Named Insured s mailing address shown above.. Limits of Insurance Professional Liability Each Claim 1000000 Aggregate Limit 3000000. Retroactive Date Professional Liability 04012016 naiiisd syt sud. g AuUlEes RCP Encore Holdings LLC. 33533 W 12 MILE RD STE 290 FARMINGTON HILLS MI 48331 5635 Form No CNA71871XX 01 2016 Policy No HMA 4032301247 Coverage Part Declarations Page 1 of 1 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 33 of 75 Copyright CNA All Rights Reserved. Company 151 N Franklin St Chicago IL 60606 | 2 |
cNA Healthcare Primary Coverage Part IMS MADE I PROFESSIONAL LIABILITY COVERAGE PART THIS POLICY PROVIDES COVERAGE FOR THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO THE INSURER DURING THE COVERAGE RELATIONSHIP OR ANY APPLICABLE EXTENDED REPORTING PERIOD AND IN ACCORDANCE WITH THE SECTION ENTITLED NOTICE OF CLAIMS AND POTENTIAL CLAIMS OF THE COMMON CONDITIONS. COVERAGE The Insurer will pay all amounts up to the Insurer s Limit of Insurance which the Insured becomes legally obligated to pay as damages as a result of a claim arising out of an act error or omission in the rendering of professional services provided that A. such claim is first made against the Insured during the policy period or during the extended reporting period if applicable and is reported to the Insurer in accordance with the section entitied NOTICE OF CLAIMS AND POTENTIAL CLAIMS of the COMMON TERMS AND CONDITIONS B. such act error or omission happened on or after the retroactive date shown in the Declarations and prior to the effective date of the coverage relationship 1. no authorized insured knew or should have known of a claim or a potential claim or 2. no Insured had given notice to a prior insurer of any related claim. The Insurer will pay all defense costs in connection with a covered claim. Such defense costs are in addition to the limits of insurance. DEFENSE A. Duty to Defend The Insurer has the right and duty to defend in the Insured s name and on the Insured s behalf any covered claim even if any of the allegations of such claim are groundless false or fraudulent. The Insurer shall have the right to appoint counsel and to make such investigation defense and settlement of a claim as is deemed necessary by the Insurer. If a claim is subject to an arbitration proceeding or mediation the Insurer shall be entitled to exercise all of the Insured s rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation proceeding involving such claim. B. Exhaustion of Limits The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages. In such case the Insurer shall have the right to withdraw from the further investigation defense payment or settlement of such claim by tendering control of said investigation defense or settlement of the claim to the Insured. EXCLUSIONS The coverage part does not apply to A. Contractual Liability any claim based on or arising out of 1. the Insured s actual or alleged liability under any oral or written contract or agreement including but not limited to express warranties or guarantees or Form No CNA71820XX 01 2016 Policy No HMA 4032301247 Coverage Part Page 1 of 4 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 34 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Coverage Part 2. the liability of others assumed by an Insured under any oral or written contract or agreement except that coverage otherwise available to an Insured shall apply to such Insured s liability that exists in the absence of such contract or agreement. Cri inal Acts or Conduct any claim based on or arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured except that this exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. The Insurer shall provide the Insured with a defense of such claim unless or until the criminal act or omission upon which the claim is based has been determined by any trial verdict court ruling regulatory ruling or legal admission whether appealed or not. Such defense will not waive the Insurer s rights under this policy. In addition any agreement of the Insurer to provide such defense does not apply to a Medicare Medicaid Claim or to any claim under workers compensation or other similar law whether or not any such claim is premised on allegations of criminal acts or conduct. There is no coverage under this policy for and the Insurer will not defend any criminal complaint or proceeding regardless of the allegations made against any Insured. Discrimination any claim based on or arising out of any actual or alleged discrimination humiliation or harassment that includes but shall not be limited to claims based on an individual s race creed color age gender national origin religion disability marital status or sexual orientation. The Insurer shall provide the Insured with a defense of such claim unless or until such act or omission has been determined by any trial verdict court ruling regulatory ruling or legal admission whether appealed or not. Such defense will not waive the Insurer s rights under this policy. Dishonest Acts Capacity Claims Wrongful Employment Practices and Pollution Solely with respect to administrative services any claim based upon or arising out of any actual or alleged 1. dishonest fraudulent or malicious act or omission commingling misappropriation or misuse of funds or intentional wrongdoing including the intentional misappropriation of intellectual property by an Insured if a final judgment ruling or other finding of fact in any proceeding establishes that such act omission commingling misappropriation misuse or intentional wrongdoing was committed 2. act error or omission by an Insured in its capacity as or solely by reason of its status as an executive officer of an Insured Entity or 3. wrongful employment practice other than any claim based upon or arising out of services as a member of a formal review board 4. pollutants. Employee claims any claim based on or arising out of 1. any actual or alleged bodily injury to the Insured Entity s employees during the course of their employment by the Insured Entity or 2. any actual or alleged injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of paragraph 1. above. Form No CNA71820XX 01 2016 Coverage Part Page 2 of 4 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 35 of 75 | 2 |
CNA Healthcare Primary Coverage Part This exclusion applies a. whether the Insured Entity may be liable as an employer or in any other capacity and b. to any obligation to share damages with or repay someone else who must pay damages because of the injury. F. Medicare or Medicaid any Medicare Medicaid Claim. G. Property Damage any claim based on or arising out of actual or alleged property damage. H. Workers Compensation and Similar Laws any claim based on or arising out of any actual or alleged obligation of any Insured under workers compensation disability benefits or unemployment compensation law or any similar law. LIMITS OF INSURANCE A. Limit of Insurance Each Claim Subject to paragraph B. below the Insurer s limit of insurance for damages for each covered claim shall not exceed the amount stated in the Declarations as Professional Liability Each Claim. B. Limit of Insurance all claims in the Aggregate The Insurer s Limit of Insurance for damages for all covered claims shall not exceed the amount stated in the Declarations as Professional Liability all claims in the Aggregate. C. Related Claims All related claims whenever made shall be considered a single claim first made during the policy period in which the earliest claim was first made. D. Multiple Insureds claims and claimants The Limits of Insurance shown in the Declarations and subject to the provisions of this policy is the most the Insurer will pay as damages regardless of the number of Insureds claims made and reported or persons or entities making claims. 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. SUBPOENA ASSISTANCE If during the policy period an Insured receives a subpoena for documents or testimony arising out of professional services which services were rendered by an Insured on or after the retroactive date and the Insured would like the Insurer s assistance in responding to the subpoena the Insured may provide the Insurer with a copy of the subpoena. In such case the Insurer will retain an attorney to provide advice regarding the production of documents prepare the Insured for sworn testimony and represent the Insured at deposition court hearing or proceeding provided that Healthcare Primary Coverage Part Form No CNA71820XX 01 2016 Coverage Part Page 3 of 4 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 36 of 75 | 2 |
CNA Healthcare Primary Coverage Part A. the subpoena arises out of a lawsuit to which the Insured is not a party and B. the Insured has not been engaged for compensation to provide advice or testimony in connection with the subject proceeding nor has the Insured provided such advice or testimony in the past. Any notice the Insured gives the Insurer of such subpoena shall be deemed notification of a potential claim under the section entitled NOTICE OF CLAIMS AND POTENTIAL CLAIMS of the COMMON TERMS AND CONDITIONS. Any costs incurred by the Insurer pursuant to the terms of this paragraph shall be in addition to the Limits of Insurance. Healthcare Primary Coverage Part Form No CNA71820XX 01 2016 Coverage Part Page 4 of 4 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 37 of 75 | 2 |
cNA Healthcare Primary Coverage Part Endorsement I PAA PROCEEDINGS SUPPLEMENTARY PAYMENTS ENDORSEMENT It is understood and agreed as follows The Declarations is amended to add the following HIPAA Proceedings Aggregate limit of insurance 10000 HIPAA Proceedings Deductible per HIPAA Proceeding 0 The Professional Liability Coverage Part is amended to add the following A. HIPAA Proceedings Supplementary Payment Subject to the HIPAA Proceedings Deductible in the amount set forth in paragraph 1. above if any scheduled the Insurer will pay all amounts up to the HIPAA Proceeding Aggregate Limit of Insurance set forth in paragraph 1. above for each HIPAA Proceeding and for all HIPAA Proceedings in the Aggregate regardless of the number of Insureds or the number of such HIPAA Proceedings for the following 1. attorney s fees and other reasonable costs expenses or fees resulting from the investigation or defense of a HIPAA Proceeding and 2. any amounts which the Insured becomes legally obligated to pay as a civil penalty or violation for its failure to comply with HIPAA or any rules or regulations thereunder but solely to the extent that such civil violation or penalty is related to a HIPAA Proceeding. As used herein HIPAA means the Health Insurance Portability and Accountability Act any rules or regulations promulgated thereunder or any amendment thereto. Any payments made by the Insurer pursuant to this endorsement shall be in addition to the limits of insurance. The COMMON TERMS AND CONDITIONS is amended to add the following e A HIPAA Proceeding will be deemed first commenced when any authorized insured first receives notice of the HIPAA Proceeding whether an investigation complaint proceeding hearing or other made or brought against an Insured. e The coverage provided by this endorsement shall be specifically excess of any other insurance policy available to the Insured Entity with respect to a HIPAA Proceeding.. The GLOSSARY OF DEFINED TERMS is amended to add the following terms HIPAA Proceeding means an administrative proceeding including a complaint investigation or hearing instituted against the Insured by the Department of Health and Human Services or its designee alleging a violation of responsibilities or duties imposed upon the Insured under HIPAA with respect to the management and disclosure of confidential and private health information but solely to the extent that such proceeding A. is first commenced during the policy period and is reported to the Insurer within 30 days of the Insured s receipt of such notice and B. is based upon or arises out of professional services rendered by or on behalf of the Insured Entity on or after the Retroactive Date and provided that Form No CNA71884XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 1 Page 1 of 2 Policy Page 38 of 75 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Primary Coverage Part Endorsement C. prior to the effective date of the coverage relationship 1. no authorized insured knew or should have known of such HIPAA Proceeding or a potential HIPAA Proceeding 2. no Insured had given notice to a prior Insurer of any related HIPAA Proceeding. Potential HIPAA Proceeding means an act error or omission in the rendering of professional services with respect to the Insured s obligations under HIPAA that any authorized insured has reason to believe would give rise to a HIPAA Proceeding. Related HIPAA Proceedings means HIPAA Proceedings arising out of a single act error or omission or arising out of related acts errors or omissions in the rendering of professional services with respect to the Insured s obligations under HIPAA. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Healthcare Primary Coverage Part Endorsement Form No CNA71884XX 01 2016 Endorsement Effective Date Endorsement Expiration Date Endorsement No 1 Page 2 of 2 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 39 of 75 | 2 |
cNA Healthcare Primary Coverage Part Endorsement I MEDIA EXPENSES SUPPLEMENTARY PAYMENTS ENDORSEMEI It is understood and agreed that 1. The following Limit of Insurance and deductible are added Media Expense Aggregate Limit of Insurance 25000 Media Expense deductible per adverse event 0 Il. The Professional Liability Claims Made Coverage Part is amended to add the following Media Expenses Supplementary Payment A. Media Expenses Supplementary Payment Subject to the Media Expense deductible in the amount set forth in paragraph I. above if any scheduled the Insurer will pay media expenses incurred as a result of an adverse event up to the Media Expense Aggregate Limit of Insurance set forth in paragraph I. above for all Media Expenses in the Aggregate regardless of the number of Insureds or the number of adverse events provided that 1. such adverse event first occurs during the policy period and is reported to the Insurer within 60 days of the Insured s receipt of notice of such adverse event 2. such act error or omission that is the subject of the adverse event happened on or after the Retroactive Date shown in the Declarations and 3. prior to the effective date of the coverage relationship a. no authorized insured knew or should have known of such adverse event or a potential adverse event b. no Insured had given notice to a prior insurer of any related adverse events 4. all media expenses are incurred within six 6 months following the authorized insured s discovery of such adverse event. Any media expenses incurred by the Insurer pursuant to this endorsement shall be in addition to the Limits of Insurance. IIl. The COMMON TERMS AND CONDITIONS is amended to add the following e An adverse event will be deemed to have first occurred at the earliest of the following times when any authorized insured first receives notice of negative media attention arising out of a claim criminal investigation complaint indictment administrative proceeding or investigation made or brought against an Insured. e The coverage provided by this endorsement shall be specifically excess of any other insurance policy available to the Insured Entity with respect to an adverse event. IV. The GLOSSARY OF DEFINED TERMS is amended to add the following terms Adverse event means negative media attention arising out of a claim criminal investigation complaint indictment administrative proceeding or investigation made or brought against an Insured related to or arising out of the rendering of professional services. Form No CNA71887XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 2 Page 1 of 2 Policy Page 40 of 75 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Primary Coverage Part Endorsement Media expenses means the reasonable and necessary charges and fees incurred by the Insured Entity and consented to by the Insurer to address or manage an adverse event including fees of third party legal or public relations consultants with regard to addressing adverse publicity or media attention including preparation of statements press releases and interviews but solely to the extent that such consultants are specifically retained or hired by the Insured Entity to manage or address the adverse event. Media expenses shall not include A. any amounts incurred with respect to an Insured s defense against a criminal investigation complaint or indictment or with respect to your defense of any civil complaint or claim or administrative proceeding investigation or complaint including any alleged violation of the Health Insurance Portability and Accountability Act HIPAA or other patient privacy laws statutes or regulations B. any damages fines violations or penalties an Insured is legally obligated to pay as a result of an adverse event C. compensation fees benefits overhead charges or expenses of any Insured D. any defense costs expense or supplementary payments including attorney s fees which are covered pursuant to any other provision of this policy including attorney s fees of defense counsel retained to defend you in any claim. adverse event means an act error or omission in the rendering of professional services that any ed insured has reason to believe would give rise to an adverse event. Related adverse events means adverse events arising out of a single act error or omission or arising out of related acts errors or omissions in the rendering of professional services. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA71887XX 01 2016 Endorsement Effective Date Endorsement Expiration Date Endorsement No 2 Page 2 of 2 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 41 of 75 | 2 |
cNA Healthcare Primary Coverage Part Endorsement I ISCIPLINARY PROCEEDINGS SUPPLEMENTARY PAYMENTS ENDORSEMENT It is understood and agreed as follows 1. The following Limit of Insurance is added Disciplinary Proceedings Costs Aggregate Limit of Insurance 10000 Disciplinary Proceedings Costs deductible per disciplinary proceeding 0 Il. The Professional Liability Claims Made Coverage Part the section entited COVERAGES is amended to add the following coverage o Disciplinary Proceedings Subject to the Disciplinary Proceedings Costs deductible in the amount set forth in paragraph I. above if any scheduled the Insurer will pay disciplinary proceeding costs incurred as a result of a disciplinary proceeding up to the Disciplinary Proceedings Costs Aggregate Limit of Insurance set forth in paragraph. above for all disciplinary proceeding costs in the Aggregate regardless of the number of Insureds or the number of such disciplinary proceedings provided that 1. such disciplinary proceeding is first commenced against the Insured during the policy period and is reported to the Insurer within 30 days of the Insured s receipt of notice of such disciplinary proceeding 2. any act error or omission that is the subject of the disciplinary proceeding happened on or after the retroactive date shown in the Declarations and 3. prior to the effective date of the coverage relationship a. no authorized insured knew or should have known of a disciplinary proceeding or a potential disciplinary proceeding b. no Insured had given notice to a prior insurer of any related disciplinary proceeding 4. the Named Insured consents to the coverage provided by this endorsement for the Insured who is the subject of such disciplinary proceeding. Any di linary proceedings costs incurred by the Insurer pursuant to this endorsement shall be in addition to the Limits of Insurance. IIl. The COMMON TERMS AND CONDITIONS is amended to add the following A disciplinary proceeding will be deemed first commenced at the earliest of the following times when any authorized insured first receives notice of the disciplinary proceeding. IV. The GLOSSARY OF DEFINED TERMS is amended to add the following terms Disciplinary proceedings costs means attorney fees charged by an attorney selected by the Insurer and for other reasonable costs expenses or fees paid to third parties incurred as a result of disciplinary proceeding. Disciplinary proceeding means any pending matter including an initial inquiry before a state or federal licensing board to investigate charges alleging a violation of any rule of professional conduct in the performance of professional services. Disciplinary proceeding does not include any complaint or proceeding instituted against an Insured by the Department of Health and Human Services or its designee relative to a failure to comply with the Health Insurance Portability and Accountability Act HIPAA. Form No CNA71890XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 3 Page 1 of 2 Policy Page 42 of 75 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
Healthcare Primary Coverage Part Endorsement plinary proceeding means an act error or omission in the rendering of professional services that any authorized insured has reason to believe would give rise to a disciplinary proceeding. Related disciplinary proceedings means disciplinary proceedings arising out of a single act error or omission or arising out of related acts errors or omissions in the rendering of professional services. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA71890XX 01 2016 Endorsement Effective Date Endorsement Expiration Date Endorsement No 3 Page 2 of 2 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 43 of 75 | 2 |
CNA Healthcare Primary Coverage Part Declarations I NERAL LIABILITY COVERAGE PART DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address RCP Encore Holdings LLC. 33533 W 12 MILE RD STE 290 FARMINGTON HILLS MI 48331 5635. Policy Period Effective date from 07012019 to 07012020 at 1201 A.M. Standard Time at the First Named Insured s mailing address shown above.. Limits of Insurance General Liability Each Occurrence Limit 1000000 Personal and Advertising Injury Each Person or Organization Limit 1000000 Damage to Rented Premises Each Premises Limit 50000 Medical Expense Each Person Limit 5000 General Aggregate Limit 3000000 Products Completed Operations Aggregate Limit 3000000. Retroactive Date General Liability naiiisd syt sud. g AuUlEes RCP Encore Holdings LLC. 33533 W 12 MILE RD STE 290 FARMINGTON HILLS MI 48331 5635 1 3 3 Each Premises Limit son Limit ations Aggregate Limit Form No CNA71879XX 01 2016 Policy No HMA 4032301247 Coverage Part Declarations Page 1 of 1 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 44 of 75 Copyright CNA All Rights Reserved. Company 151 N Franklin St Chicago IL 60606 | 2 |
cNA Healthcare Primary Coverage Part I GENERAL LIABILI Y COVERAGE PART COVERAGES A. Bodily Injury and Property Damage Liability Coverage The Insurer will pay those sums that the Insured becomes legally obligated to pay as damages because of bodily injury or property damage provided that 1. 2. the bodily injury or property damage is caused by an occurrence the bodil and injury or property damage occurs during the policy perio prior to the effective date of the policy period no authorized insured knew that such bodily injury or property damage had occurred in whole or in part. If any authorized insured knew prior to the policy period that any bodily injury or property damage had 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. An authorized insured will be deemed to know that such bodily injury or property damage occurred at the earliest time when any a. authorized insured reports all or any part of such bodily injury or property damage to the Insurer or to any other insurer b. authorized insured becomes aware by any other means that such bodily injury or property damage has occurred or has begun to occur or c. authorized insured knew or should have known of a claim or potential claim. Personal and Advertising Injury Liability Coverage The Insurer will pay those sums that the Insured becomes legally obligated to pay as damages because of personal and advertising injury provided that 1. the personal and advertising injury is caused by an offense arising out of the Insured Entity s business and the offense was first committed during the policy period. An offense shall be deemed first committed on the date of the first utterance or dissemination or if there is no dissemination or utterance on the first date of the activity giving rise to a claim. Medical Payments Coverage 1. The Insurer will pay medical expenses as described below for bodily injury caused by an accident a. on premises the Insured Entity owns or rents b. on ways next to premises the Insured Entity owns or rents or c. as a result of the Insured Entity s operations provided that i. the accident takes place during the policy period ii. the expenses are incurred and reported to the Insurer within one year of the date of the accident and iii. the injured person submits to examination at the Insurer s expense by physicians of the Insurer s choice as often as the Insurer reasonably requires. Form No CNA71821XX 01 2016 Policy No HMA 4032301247 Coverage Part Page 1 of 13 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 45 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 0 |
CNA Healthcare Primary Coverage Part 2. The Insurer will make these payments regardless of fault. These payments will not exceed the applicable Limit of Insurance. The Insurer will pay reasonable expenses for a. first aid administered at the time of an accident b necessary medical surgical x ray and dental services including prosthetic devices and c. necessary ambulance hospital professional nursing and funeral services. The Insurer will pay all defense costs in connection with a covered claim. Such defense costs are in addition to the Limits of Insurance. DEFENSE A. Duty to Defend The Insurer has the right and duty to defend in the Insured s name and on the Insured s behalf any covered claim even if any of the allegations of such claim are groundless false or fraudulent. The Insurer shall have the right to appoint counsel and to make such investigation defense and settlement of a claim as is deemed necessary by the Insurer. If a claim is subject to an arbitration proceeding or mediation the Insurer shall be entitled to exercise all of the Insured s rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation proceeding involving such claim. B. Exhaustion of Limits The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages. In such case the Insurer shall have the right to withdraw from the further investigation defense payment or settlement of such claim by tendering control of said investigation defense or settlement of the claim to the Insured. EXCLUSIONS A. Exclusions Applicable Only to Bodily Injury and Property Damage Liability Coverage and Personal and Advertising Injury Liability Coverage This coverage part does not apply to 1. Asbestos a. bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened exposure at any time to asbestos or b. any loss cost or expense that may be awarded or incurred i. by reason of a claim for any such injury or damage or in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 2. Distribution or Recording of Material or Information in Violation of Law bodily injury property damage or personal and advertising injury arising out of any actual or alleged violation of a. the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. the CAN SPAM Act of 2003 including any amendment of or addition to such law c. the Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA Form No CNA71821XX 01 2016 Coverage Part Page 2 of 13 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 46 of 75 | 1 |
CNA Healthcare Primary Coverage Part d. any statute ordinance regulation or law other than the TCPA CAN SPAM Act of 2003 or FCRA including FACTA 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 or e. any statute ordinance regulation or law which prohibits or limits the conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision electronic assets include but are not limited to minute allowances text message allowances and other electronic consumables. 3. Employment Related Practices bodily injury or personal and advertising injury to a. a person arising out of any actual or alleged i. refusal to employ that person termination of that person s employment employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or b. the spouse domestic partner child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i above is directed. This exclusion applies a whether the Insured may be liable as an employer or in any other capacity and b to any obligation to share damages with or repay someone else who must pay damages because of the injury. 4. Fungi and Microbes a. bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes b. 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 or c. property damage caused by water where there also exists any property damage 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. This exclusion does not apply where the Insured Entity s business includes food processing sales or serving and the bodily injury is caused solely by food poisoning in connection with such processing sales or serving. 5. Professional Services bodily injury property damage or personal and advertising injury arising out of any actual or alleged act error or omission with respect to professional services rendered by or that should have been rendered by Form No CNA71821XX 01 2016 Coverage Part Page 3 of 13 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 47 of 75 | 1 |
CNA Healthcare Primary Coverage Part 6. B. Exclusions Applicable Only to Bodily Injury and Property Damage Liabi a. an Insured or b. any person or organization for whose acts errors or omissions an Insured is legally responsible or from whom an Insured assumed liability by reason of a contract or agreement Respirable Dust and Silica a. bodily injury property damage or personal and advertising injury based on or arising out of the actual alleged or threatened respiration ingestion or presence of or exposure at any time to respirable dust or silica or b. any loss cost or expense that may be awarded or incurred 1. by reason of a claim for any such injury or damage or 2. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of respirable dust or silica. War bodily injury property damage or personal and advertising injury however caused arising directly or indirectly out of war including undeclared or civil war 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 c. insurrection rebellion revolution usurped power or action taken by governmental authority in response to any of these. However this exclusion does not apply to damage by fire to premises while rented to the Insured Entity or temporarily occupied by the Insured Entity with permission of the owner. Coverage This coverage part does not apply to 1. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability damages arising out of a. any actual or alleged 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 b. the actual or alleged 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 the Insured or others arising out of that which is described in paragraph a. or b. above. However unless paragraph a. above applies this exclusion does not apply to damages because of bodily injury. 2. Aircraft Auto or Watercraft bodily injury or property damage arising out of any actual or alleged 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. Form No CNA71821XX 01 2016 Policy No HMA 4032301247 Coverage Part Page 4 of 13 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 48 of 75 Copyright CNA All Rights Reserved. Healthcare Primary Coverage Part Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 48 of 75 | 1 |
CNA Healthcare Primary Coverage Part 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 watercraft while ashore on premises the Insured Entity owns or rents b. watercraft the Insured Entity does not own that is i. less than 26 feet long and not being used to carry persons or property for a charge c. parking an auto on or on the ways next to premises the Insured Entity owns or rents provided the auto is not owned by or rented or loaned to any Insured d. liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or e. bodily injury or property damage arising out of i. 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 ii. the operation of any of the machinery or equipment listed in paragraph F. 2. Cherry Pickers etcetera or F. 3. air compressors etcetera of the definition of mobile equipment. 3. 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 that the Insured would have in the absence of the contract or agreement or assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of bodily injury or property damage provided i. liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract 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. 4. 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 any actual or alleged a. defect deficiency inadequacy or dangerous condition in insured product or insured work or b. delay or failure by the Insured Entity or anyone acting on the Insured Entity s behalf to perform a contract or agreement in accordance with its terms. Form No CNA71821XX 01 2016 Coverage Part Page 5 of 13 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 49 of 75 | 1 |
CNA Healthcare Primary Coverage Part This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to insured product or insured work after it has been put to its intended use. 5. Damage to Insured Product property damage to insured product arising out of it or any part of it. 6. Damage to Insured Work property damage to insured 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 the Insured Entity s behalf by a subcontractor. 7. Damage to Property the Insured Entity Owns or in its Care Custody or Control Property damage to property the Insured Entity owns rents or occupies including any costs or expenses incurred by the Insured Entity 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 the Insured Entity sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Insured Entity personal property in the care custody or control of the Insured that particular part of real property on which the Insured Entity or any contractors or subcontractors working directly or indirectly on the Insured Entity s behalf are performing operations if the property damage arises out of those operations or that particular part of any property that must be restored repaired or replaced because insured work was incorrectly performed on it. Paragraphs a. b. and c. of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to the Insured Entity for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To The Insured Entity as described in the section entitled Limits of Insurance. Paragraph b of this exclusion does not apply if the premises are insured work and were never occupied rented or held for rental by the Insured Entity. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 8. Employer s Liability bodily injury to an employee other than an employee who is a volunteer of the Insured arising out of and in the course of employment by the Insured performing duties related to the conduct of the Insured business or the spouse domestic partner child parent brother or sister of that employee as a consequence of Paragraph a. above. Form No CNA71821XX 01 2016 Coverage Part Page 6 of 13 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 50 of 75 | 1 |
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