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CNA Healthcare Primary Coverage Part 10. 11. 12. This exclusion a applies whether the Insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury b does not apply to liability assumed by the Insured under an insured contract. Expected or Intended Injury bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Liquor Liability bodily injury or property damage for which any Insured may be held liable by reason of causing or contributing to the intoxication of any person b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if the Insured Entity is in the business of manufacturing distributing selling serving or furnishing alcoholic beverages Mobile Equipment bodily injury or property damage arising out of any actual or alleged a. transportation of mobile equipment by an auto owned or operated by or rented or loaned to any Insured or b. use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. ity bodily injury or property damage including all forms of radioactive contamination of property Nuclear Energy Li a. with respect to which an Insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limit of Insurance b. resulting from the hazardous properties of nuclear material and with respect to which i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii. the Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or c. resulting from hazardous properties of nuclear material if i. the nuclear material a is at any nuclear facility owned by or operated by or on behalf of an Insured or b has been discharged or dispersed therefrom Healthcare Primary Coverage Part Form No CNA71821XX 01 2016 Coverage Part Page 7 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 51 of 75 | 1 |
CNA Healthcare Primary Coverage Part the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or the bodily injury or property damage arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion property damage includes all forms of radioactive contamination of property. 13. Personal and Advertising Injury bodily injury arising out of personal and advertising injury. 14. Pollution a. bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured. However this subparagraph does not apply to a bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building b bodily injury or property damage for which an additional insured may be held liable if such additional insured is a contractor and the owner or lessee of such premises site or location and has been added to the Insured Entity s policy as an additional insured with respect to the Insured Entity s ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not or never was owned or occupied by or rented or loaned to any Insured other than that additional insured or c bodily injury or property damage arising out of heat smoke or fumes from a hostile fire at or from any premises site or location which is or was at any time used by or for any Insured or others for the 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 a any Insured or b any person or organization for whom the Insured Entity 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 if the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor. However this subparagraph does not apply to a bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor Form No CNA71821XX 01 2016 Coverage Part Page 8 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 52 of 75 | 1 |
CNA Healthcare Primary Coverage Part b bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by the Insured Entity or on the Insured Entity s behalf by a contractor or subcontractor or c bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. v. at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. b. Any loss cost or expense arising out of any actual or alleged i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the Insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim by or on behalf of a governmental authority. 15. Recall of Products Work or Impaired Property damages claimed for any loss cost or expense incurred by the Insured Entity or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. insured product b. insured work or c. 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 init. 16. Workers Compensation and Similar Laws any obligation of the Insured under a workers compensation disability benefits or unemployment compensation law or any similar law. The exclusions entitled Aircraft Auto or Watercraft Damage to Impaired Property or Property not Physically Injured Damage to Property the Insured Entity Owns or in its Care Custody or Control Damage to Insured Product Damage to Insured Work Employer s Liability Liquor Liability Mobile Equipment Pollution Recall of Products Work or Impaired Property and Worker s Compensation and Similar Laws do 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. A separate Limit of Insurance applies to this coverage as described in the section entitled LIMITS OF INSURANCE. C. Exclusions Applicable Only to Personal and Advertising Injury Liability Coverage This coverage part does not apply to 1. Access Or Disclosure Of Confidential Or Personal Information Form No CNA71821XX 01 2016 Coverage Part Page 9 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 53 of 75 | 1 |
CNA Healthcare Primary Coverage Part personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. 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 any access to or disclosure of any person s or organization s confidential or personal information. 2. Breach of Contract personal and advertising injury arising out of any actual or alleged breach of contract except an implied contract to use another s advertising idea in the Insured Entity s advertisement. 3. Contractual Liability personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. 4. Criminal Acts personal and advertising injury arising out of any actual or alleged criminal act committed by or at the direction of the Insured. The Insurer shall provide the Insured with a defense of such claim unless or until the criminal 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. Criminal proceedings are not covered under this policy regardless of the allegations made against any Insured. 5. Electronic Chat Rooms or Bulletin Boards personal and advertising injury arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. 6. Infringement of Copyright Patent Trademark or Trade Secret personal and advertising injury arising out of any actual or alleged infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the Insured Entity s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Insured Entity s advertisement. 7. Insureds in Media and Internet Type Businesses personal and advertising injury committed by an Insured whose business is a. advertising broadcasting publishing or telecasting b. designing or determining content or web sites for others or c. an Internet search access content or service provider. However this exclusion does not apply to paragraph B. of personal and advertising injury as set forth in the GLOSSARY OF DEFINED TERMS. For the purposes of this exclusion the placing of frames borders or links or advertising for the Insured Entity or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 8. Knowing Violation of Rights of Another personal and advertising injury caused by or at the direction of the Insured if the Insured knew or should have known that the act would cause personal and advertising injury. Form No CNA71821XX 01 2016 Policy No HMA 4032301247 Coverage Part Page 10 of 13 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 54 of 75 Copyright CNA All Rights Reserved. Policy No HMA 4032301247 Policy Effective Date 07012019 Policy Page 54 of 75 | 1 |
CNA Healthcare Primary Coverage Part 9. 10. 11. 12. 13. 14. Material Published with Knowledge of Falsity personal and advertising injury arising out of actual or alleged oral or written publication of material if the Insured knew or should have know the material was false. Pollution personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related any loss cost or expense arising out of any a. request demand or order that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. claim 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. Quality or Performance of Goods Failure to Conform to Statements personal and advertising injury arising out of any actual or alleged failure of goods products or services to conform to any statement of quality or performance made in the Insured Entity s advertisement. Unauthorized Use of Another s Name or Product personal and advertising injury arising out of any actual or alleged unauthorized use of another s name or product in the Insured Entity s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Wrong Description of Prices personal and advertising injury arising out of any actual or alleged wrong description of the price of goods products or services stated in the Insured Entity s advertisement. D. Exclusions Applicable Only to Medical Payments Coverage The Insurer will not pay expenses for bodily injury 1. Any Insured to any Insured except volunteers. Athletics Activities to a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. This exclusion does not apply to physical therapy unless such physical therapy is rendered in the course of professional services. Coverage A Exclusions excluded under Coverage A. Hired Person to a person hired to do work for or on behalf of any Insured or a tenant of any Insured. Injury on Normally Occupied Premises to a person injured on that part of premises the Insured Entity owns or rents that the person normally occupies. Healthcare Primary Coverage Part Form No CNA71821XX 01 2016 Coverage Part Page 11 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 55 of 75 | 1 |
CNA Healthcare Primary Coverage Part 6. Nuclear Energy Liability bodily injury resulting from the hazardous properties of nuclear materials and arising out of the operation of a nuclear facility by any person or organization. 7. Products Completed Operations Hazard included within the products completed operations hazard. 8. Workers Compensation and Similar Laws to a person whether or not an employee of any Insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. LIMITS OF INSURANCE A. Rules for the application of Limits 1. Related Offenses In determining the limit available for damages because of personal and advertising Injury to any one person or organization or in the aggregate all related offenses shall be deemed to be one offense that was 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. As such if an offense is first committed during the policy period as set forth in the section entitled Coverages paragraph B. Personal and Advertising Injury subparagraph 2. all personal and advertising injury arising out of such offense and all such related offenses whenever committed shall be subject to the Each Person or Organization and General Aggregate Limits of Insurance set forth below and any applicable retention or deductible of the policy period in which such first offense was committed. 2. 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. B. Each Occurrence Limit Subject to the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever applies the Each Occurrence Limit is the most the Insurer will pay for the sum of 1. damages under the section entited COVERAGES paragraph A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY and 2. medical expenses under the section entitled COVERAGES paragraph C. MEDICAL PAYMENTS because of all bodily injury and property damage arising out of any one occurrence regardless of the number of Insureds claims made or persons or entities making claims. C. Personal and Advertising Injury Each Person or Organization Limit Subject to the General Aggregate Limit the Personal and Advertising Injury Limit is the most the Insurer will pay under the section entitled COVERAGES paragraph B. PERSONAL AND ADVERTISING INJURY LIABILITY for the sum of all damages because of all personal and advertisi injury sustained by any one person or organization. D. Damage to Rented Property Each Premises Limit. Subject to the Each Occurrence limit the Damage To Rented Property Each Premises Limit is the most the Insurer will pay under the section entitled COVERAGES paragraph A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of property damage to any one premises while rented to the Healthcare Primary Coverage Part Form No CNA71821XX 01 2016 Coverage Part Page 12 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 56 of 75 | 1 |
CNA Healthcare Primary Coverage Part Insured Entity or in the case of damage by fire while rented to the Insured Entity or temporarily occupied by the Insured Entity with permission of the owner. E. Medical Expense Each Person Limit Subject to the Each Occurrence limit the Medical Expense Limit is the most the Insurer will pay under the section entitled COVERAGES paragraph C. MEDICAL PAYMENTS for all medical expenses because of bodily injury sustained by any one person. F. General Aggregate Limit The General Aggregate Limit is the most the Insurer will pay for the sum of 1. medical expenses under the section entitled COVERAGES paragraph C. MEDICAL PAYMENTS 2. damages under the section entitled COVERAGES paragraph A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY except damages because of bodily injury or property damage included in the products completed operations hazard and 3. damages under the section entitled COVERAGES paragraph B. PERSONAL AND ADVERTISING INJURY LIABILITY. G. Products Completed Operations Aggregate Limit The Products Completed Operations Aggregate Limit is the most the Insurer will pay under the section entitled COVERAGES paragraph A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of bodily injury and property damage included in the products completed operations hazard. 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. Form No CNA71821XX 01 2016 Coverage Part Page 13 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 57 of 75 | 1 |
cNA Healthcare Primary Coverage Part Declarations I EMPLOYE. 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 RATION NEFITS LIABILITY COVERAGE PART DE. 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 Employee Benefits Liability Each Employee Limit 1000000 All Claims in the Aggregate Limit 3000000 Each Employee Deductible 1000. Retroactive Date Employee Benefits 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 CNA71881XX 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 58 of 75 Copyright CNA All Rights Reserved. Company 151 N Franklin St Chicago IL 60606 | 2 |
cNA Healthcare Primary Coverage Part Jomresemm o 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 TERMS AND 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 negligently committed in the administration of the Insured Entity s employee benefit program provided that A. such claim is first made against the Insured during the policy period and is reported to the Insurer in accordance with the section entitted 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 proceeding 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 This coverage part does not apply to A. Bodily Injury Property Damage or Personal and Advertising Injury any claim based on or arising out of any actual or alleged bodily injury property damage or personal and advertising injury. Form No CNA71823XX 01 2016 Policy No HMA 4032301247 Coverage Part Page 1 of 3 Policy Effective Date 07012019 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 59 of 75 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 2 |
CNA Healthcare Primary Coverage Part B. Dishonest Fraudulent Criminal or Malicious Act Damages any claim based on or arising out of any actual or alleged intentional dishonest fraudulent criminal or malicious act error or omission committed by any Insured including the willful or reckless violation of any statute. C. Employment Related Practices any claim based on or arising out of any actual or alleged wrongful termination of employment discrimination or other employment related practices. D. ERISA any claim based on or arising out of any actual or alleged act or omission in the Insured s capacity as a fiduciary under the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. E. Failure to Perform a Contract any claim based on or arising out of any actual or alleged failure of performance of contract by any insurer. F. Inadequacy of Performance of Investment Advice Given with Respect to Participation any claim based on or arising out of any actual or alleged 1. failure of any investment to perform 2. errors in providing information on past performance of investment vehicles or 3. advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. G. Insufficiency of Funds any claim based on or arising out of any actual or alleged insufficiency of funds to meet any obligations under any plan included in the employee benefit program. H. Workers Compensation and Similar Laws any claim based on or arising out of any actual or alleged failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. LIMITS OF INSURANCE AND DEDUCTIBLE A. Limits of Insurance 1. Limit of insurance each employee Subject to paragraph 2. below the Insurer s Limit of Insurance for damages for all covered claims made by or behalf of any one employee including such employee s dependents or beneficiaries shall not exceed the amount stated in the Declarations as Employee Benefits Liability each employee. 2. 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 Employee Benefits Liability all claims in the Aggregate regardless of the number of employees. 3. 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. Healthcare Primary Coverage Part Form No CNA71823XX 01 2016 Coverage Part Page 2 of 3 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 60 of 75 | 2 |
CNA Healthcare Primary Coverage Part 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. B. Deductible 1. The Insurer s obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount stated on the Declarations as applicable to each employee including such employee s dependents or beneficiaries. The Limits of Insurance shall not be reduced by the amount of this deductible. The deductible amount stated on the Declarations applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. The Insurer may pay any part or all of the deductible amount to effect settlement of any claim and upon notification of the action taken the Insured shall promptly reimburse the Insurer for such part of the deductible amount as the Insurer has paid. 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. Healthcare Primary Coverage Part Form No CNA71823XX 01 2016 Coverage Part Page 3 of 3 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 61 of 75 | 2 |
Healthcare Primary Policy Endorsement ENDORSEMENT It is understood and agreed as follows I. The GLOSSARY OF DEFINED TERMS is amended to add the following new definition Sexual misconduct claim means a claim based on or arising out of any actual or alleged attempted proposed or threatened sexual molestation abuse assault or battery whether or not intentional of any person other than an Insured regardless of the legal theory or basis upon which the Insured is alleged to be liable. II. Solely with respect to a sexual misconduct claim the exclusion entitled Criminal Acts or Conduct of the Professional Liability Coverage Part is deleted in its entirety. IIl. Solely with respect to a sexual misconduct claim the section entitled LIMITS OF INSURANCE of the Professional Liability Coverage Part and the General Liability Coverage Part is amended to include the following new paragraphs Sexual Misconduct Claim Sublimit of Insurance A. Subject to paragraph B. below the Sexual Misconduct Claim Sublimit of Insurance of 1000000 is applicable to both damages and defense costs for each sexual misconduct claim. B. The Insurer s aggregate Sexual Misconduct Claim Sublimit of Insurance for all damages and defense costs is 1000000. The Sexual Misconduct Claim Sublimits of Insurance are included within and not in addition to the Limits of Insurance shown on the Declarations. 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 CNA71857XX 05 2017 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 4 Page 1 of 1 Policy Page 62 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 Policy Endorsement I WAIVER OF SUBROGATION ENDORSEME It is understood and agreed that the COMMON TERMS AND CONDITIONS the section entitled TRANSFER OF RIGHTS OF RECOVERY is amended by the addition of the following SCHEDULE Name of Person or Entity Coverage Parts Manager Building Limited Partnership c o Ziff Professional Liability General Liability Coverage Part Properties Inc. 200 Wingo Way Suite 100 MT Pleasant SC 29464 Notwithstanding the foregoing the Insurer agrees to waive its rights of recovery against the person or entity identified on the SCHEDULE above with respect to payments the Insurer makes under the Coverage Parts listed opposite the name of such Person or Entity on such SCHEDULE. If no person or entity is identified above then the Insurer agrees to waive its rights of recovery against any person or entity with whom the Insured may have agreed in writing prior to the date of loss to waive the Insured s rights of recovery against them because of payments the Insurer makes under the coverage part identified on the SCHEDULE above. 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. Coverage Parts Professional Liability General Liability Coverage Part Form No CNA71861XXC 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 5 Page 1 of 1 Policy Page 63 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 Policy Endorsement CANCELLATION AND NONRENEWAL AMENDATORY ENDORSEMENT WITH MINIM EARNED PREMIUM PROVISIONS It is understood and agreed that the following provisions are added to the COMMON TERMS AND CONDITIONS Cancellation 1. This policy can be canceled by either the First Named Insured or the Insurer. 2. Only the First Named Insured may cancel this policy at any time. To do so the First Named Insured must a. return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or b. provide a written notice to the Insurer stating when the cancellation is to be effective. The Insurer must receive the policy or written notice before the cancellation date. 3. The Insurer can cancel this policy by giving written notice to the First Named Insured at its last known address at least a. the indicated number of days for Cancellation for Nonpayment as indicated on the Declarations if the Insurer cancels for non payment of premium or b. the indicated number of days for Cancellation for any Other Reason as indicated on the Declarations if the Insurer cancels for any other reason before the effective date of cancellation. 4. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. If the Insurer cancels the refund will be pro rata. If the First Named Insured cancels the refund may be less than pro rata. The Insurer shall retain a minimum percentage of earned premium in the percentage set forth in the declarations. The cancellation will be effective even if the Insurer has not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Non renewal The Insurer can non renew this policy by giving written notice to the First Named Insured at its last known address at least the number of days for Nonrenewal as indicated on the Declarations before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. 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 CNA71876XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 6 Page 1 of 1 Policy Page 64 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 Policy Endorsement I EMERGENCY EVA TION EXPENSES ENDORSEMENT It is understood and agreed as follows I. The following Limit of Insurance and deductible are added Emergency Evacuation Expenses Aggregate Limit of Insurance 25000 Emergency Evacuation Expenses deductible per emergency evacuation 0 Il. The Professional Liability Coverage Part is amended to add the following A. Emergency Evacuation Expenses Subject to the Emergency Evacuation Expenses deductible set forth in paragraph. above if any scheduled the Insurer will pay emergency evacuation expenses up to the Emergency Evacuation Expenses Aggregate Limit of Insurance set forth in paragraph I. above for all Emergency Evacuation Expenses in the Aggregate regardless of the number of Insureds or the number of such evacuations provided that such emergency evacuation is reported to the Insurer no later than 60 days after the emergency evacuation takes place. Any amounts paid by the Insurer for emergency evacuation expenses incurred by the Insured entity pursuant to this endorsement shall be in addition to the Limits of Insurance. Il. The GLOSSARY OF DEFINED TERMS is amended by the addition of the following new definitions Emergency evacuation means an evacuation that begins during the policy period of the Insured Entity s premises based upon imminent danger from an external event or a condition which could cause loss of life or harm to the Insured Entity s patients. Emergency evacuation shall not include an evacuation arising out of A. a strike bomb threat or false fire alarm unless vacating is ordered by a civil authority B. a planned vacating drill C. the relocation of one or more patients that is due and confined to their individual medical condition D. nuclear hazard E. war and military action. Emergency evacuation expenses means the reasonable and necessary expenses incurred by an Insured Entity in the performance of an emergency evacuation including the costs of transportation and relocation of patients. 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 CNA71880XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 7 Page 1 of 1 Policy Page 65 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 Policy Endorsement I DDITIONAL INSURED El RSEMENT Thechanges setforth below are applicable only to coverage partsincluded within the scope of this endorsement. The coverage partsincluded withinthe scope of thisendorsementare indicated by acheck mark. X Professional Liability Coverage Part X General Liability Coverage Part It is understood and agreed as follows SCHEDULE Name Of Additional Insured Person Or Organization Suffolk County Department of Health Services 2500 Sunrise Highway Suite 124 P O Box 9006 Great River NY 11739 9006 Ally Bank its successor andor Assigns 300 Park Avenue 4th Floor New York NY 10022 Brentwood Union Free School District Brentwood NY 11717 Huntington Union Free School District 50 Tower Street Huntington Station NY 11746 I The definition of Insured in the GLOSSARY OF DEFINED TERMS is amended as follows Solely with respect to the General Liability Coverage Part Insured also means the person or organization shown in the SCHEDULE above 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 A. in the performance of the Insured Entity s ongoing operations or B. in connection with premises owned by or rented to the Insured Entity. There is no coverage for such person or organization for bodily injury property damage or personal and advertising injury arising out of its own acts or omissions. 1. If the Professional Liability Coverage Part is included within the scope of this Endorsement as indicated by acheck mark above then solely with respect to the Professional Liability Coverage Part Insured also means the person or organization shown in the SCHEDULE above 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. There is no coverage for such person or organization for its liability arising out if its own acts errors or omissions. 11l The section entited CANCELLATION AND NON RENEWAL of the COMMON TERMS AND CONDITIONS is amended with the addition of the following It is further agreed that e In the event that the Insurer cancels this policy for reason other than for non payment of premium before the expiration date thereof the Insurer shall provide notice of such cancellation to the additional insured listed on the SCHEDULE above. Such notice shall be provided in accordance with the time frame required for notice to the First Named Insured as set forth in the Cancellation Nonrenewal Endorsement to the Policy. Form No CNA71913XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 8 Page 1 of 2 Policy Page 66 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 Policy Endorsement Any failure by the Insurer to provide such notice of cancellation to the additional insured as set forth above will not extend the policy cancellation date or negate cancellation of the policy or be cause for legal action against the Insurer. In the event that the Insurer non renews this policy the Insurer shall provide notice of non renewal of the Policy to the additional insured listed on the SCHEDULE above. Such notice shall be provided in accordance with the time frame required for notice of non renewal to the First Named Insured as set forth in the Cancellation Nonrenewal Endorsement to the policy. The coverage afforded under this endorsement shall be subject to all other terms and conditions of this policy. Nothing herein shall serve to confer any rights to such person or organization under this policy other than as provided herein. In no event shall the inclusion of such person or organization as an Insured operate to increase the Limits of Insurance stated on the Declarations and provided under this policy. 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 CNA71913XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 8 Page 2 of 2 Policy Page 67 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 Policy Endorsement I IDEPENDENT CONTRACTOR ENDORSEMENT It is understood and agreed as follows The GLOSSARY OF DEFINED TERMS the definition of employee except as defined with respect to the Employee Benefits Liability Coverage Part in the section entitled DEFINITIONS is deleted and replaced as follows Employee means a person whose work the Insured Entity engaged and directed including students and volunteers. An employee includes temporary workers and employees leased or loaned to the Insured Entity. An independent contractor is not an employee unless such independent contractor is named on the SCHEDULE below or included within the class of independent contractors scheduled below. Further solely with respect to professional liability claims 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 administrative services Good Samaritan services or proctoring services or they are an independent contractor named or included within the class of independent contractors scheduled below. Notwithstanding the above and subject to all other terms and conditions of coverage with respect to any coverage A. on a claims made basis such scheduled independent contractor or class thereof are employees except with respect to the Employee Benefits Liability Coverage Part 1. solely for acts errors or omissions which take place on or after the Retroactive Date applicable to such independent contractor and prior to the Termination Date listed on the SCHEDULE and 2. provided that their contract for services with the Insured Entity was entered into prior to any act error or omission in the rendering of professional services or prior to any occurrence or offense upon which a claim is based. B. on an occurrence basis such scheduled independent contractor or class thereof are employees except with respect to Employee Benefits Liability Coverage Part 1. solely for acts errors or omissions which take place during the policy period and prior to the Termination Date listed on the SCHEDULE and 2. provided that their contract for services with the Insured Entity was entered into prior to a. any act error or omission in the rendering of professional services b. bodily injury or property damage arising out of an occurrence or c. offense causing personal and advertising injury upon which a claim is based. SCHEDULE OF INDEPENDENT CONTRACTORS Name or Class of Independent Contractor If required by written contract Retroactive Date Termination Date Form No CNA71922XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 9 Page 1 of 2 Policy Page 68 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 CNA Healthcare Primary Policy Endorsement If a Retroactive Date is listed above then solely with respect to the individual listed on the SCHEDULE above the Retroactive Date listed on the declarations is deleted and replaced with the Retroactive Date listed on the SCHEDULE. 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 CNA71922XX 01 2016 Endorsement Effective Date Endorsement Expiration Date Endorsement No 9 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 69 of 75 | 2 |
cNA Healthcare Primary Policy Endorsement I DEDUCTIBLE ENDORSEMENT APPLICABLE TO DAMAGES AND DEFENSE COSTS It is understood and agreed as follows I. The following section is added to the Declarations The Deductible is inclusive of damages and defense costs and applies as follows A. Each occurrence Each offense Each claim Subject to paragraph B below the deductible applies as follows 1. 50000 each occurrence causing bodily injury or property damage under the General Liability Coverage Part. 2. 50000 each person or organization sustaining personal and advertising injury arising out of an offense under the General Liability Coverage Part. 3. 50000 each claim under the Professional Lial ity Coverage Part. B. Aggregate 1. Combined Aggregate applicable to all Coverage Parts Regardless of the number of applicable coverage parts the aggregate deductible if any is and applies to all occurrences causing bodily injury or property damage or all persons or organizations sustaining personal and advertising injury arising out of an offense under the General Liability Coverage Part and all claims under the Professional Liability Coverage Part or 2. Aggregate applicable to each Coverage Part a. The aggregate deductible if any of applies to all occurrences causing bodily injury or property damage and all persons or organizations sustaining personal and advertising injury arising out of an offense under the General Liability Coverage Part. b. The aggregate deductible if any of applies to all claims under the Professional Liability Coverage Part. Il. The Professional Liability Coverage Part and the General Liability Coverage Part are amended to add the following new section DEDUCTIBLE The Insurer s obligation to pay damages as a result of a covered claim occurrence or offense is subject to the deductible set forth in paragraph I. of this endorsement. The Insured agrees to pay all such damages up to the amount of such deductible. The deductible amount erodes the applicable limits of Insurance. Payment of the deductible or portions thereof shall be made by the Insured as such damages are paid. If there is a Deductible Security Agreement between the Insured and the Insurer such payments shall be made pursuant to it. While the Insurer has no duty or obligation to do so if the Insurer advances any amount in payment of such damages within the amount of the applicable deductible or in excess of the applicable limit of Insurance the Insured agrees to be jointly and severally liable to the Insurer for such amounts. Upon demand the Insured agrees to immediately repay such amounts to the Insurer. Ill. The Professional Liability Coverage Part the section entitled COVERAGE is amended to delete the introductory sentence and replace it with the following Form No CNA71931XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 10 Page 1 of 2 Policy Page 70 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 Policy Endorsement Subject to the deductible 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 from an act error or omission in the rendering of professional services provided that IV. The Professional Liability Coverage Part and the General Liability Coverage Part the section entitled DEFENSE is amended to add the following Notwithstanding any provision to the contrary payments of defense costs are included within and will reduce any applicable deductible. Notwithstanding any payments made by the Insurer for post judgment interest shall be in addition to and shall not erode the limits of insurance. 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 CNA71931XX 01 2016 Endorsement Effective Date Endorsement Expiration Date Endorsement No 10 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 71 of 75 | 2 |
CNA Healthcare Primary Policy Endorsement I SERVICE OF SUIT ENDORSEMEN Wherever used in this endorsement Named Insured means the first person or entity named on the declarations page. In consideration of the premium paid for this Policy it is agreed that the following provision is added to the Policy SERVICE OF SUIT Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Insurer hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Named Insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the below named as the person to whom the said officer is authorized to mail such process or true copy thereof. Service of process in such suit shall be made upon General Counsel Columbia Casualty Company 151 N. Franklin St. Chicago IL 60606 and in any suit instituted against such person upon this policy the Insurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The General Counsel is authorized and directed to accept service of process on behalf of the Insurer in any such suit and upon the request of the Named Insured to give a written undertaking to the Named Insured that he will enter a general appearance upon the Insurer s behalf in the event such suit shall be instituted. 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 CNA74300XX 06 2014 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 11 Page 1 of 1 Policy Page 72 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 Policy Endorsement I ADDITION OF INSURED ENDORSEMENT It is understood and agreed as follows Solely with respect to any Coverage Part designated with a check in the table below I. The definition of Insured in the Glossary of Defined Terms is amended to include the Entity listed on the Schedule below. 1. If a Retroactive Date is listed opposite any Entity listed on the Schedule the corresponding Retroactive Date on the Declarations is deleted with respect to such entity and replaced with the applicable Retroactive Date listed on the Schedule below. SCHEDULE Name of Entity Professional PL Retro General GL Retro Employee EBL Retro Liability Date Liability Date Benefits Date Coverage Part Coverage Liability Part Coverage Part RCP Encore X 04012016 X X 04012016 Holdings LLC RCP Encore X 04012016 X X 04012016 Acquisition Inc. Encore GC X 04012016 x X 04012016 Acquisition LLC Encore X 04012016 X X 04012016 Rehabilitation Employee Benefits Liability Coverage Part EBL Retro Date 04012016 04012016 04012016 04012016 GL Retro Date Part Coverage Part RCP Encore X 04012016 Holdings LLC X 04012016 RCP Encore Acquisition Inc. x 04012016 x 04012016 Encore GC X 04012016 Acquisition LLC 04012016 Encore X 04012016 X X 04012016 Rehabilitation Services LLC Encore Preakness X 08311999 Inc. f k a Select Medical Rehabilitation Services Inc. 08311999 Encore Core PT X 08311999 X X 08311999 OT and Speech Therapy at New York LLC Metro Therapy X 07012012 X X 07012012 Inc. 2M2 M Liability 07012012 3M3 M xs of 2M2 M xs Primary 04012016 Evergreen m 02212000 7 m 02212000 Holdings LLC Form No CNA77987XX 01 2016 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 12 Page 1 of 2 Policy Page 73 of 75 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. 08311999 08311999 08311999 08311999 07012012 07012012 IL 60606 P P | 2 |
CNA SCHEDULE Name of Entity Healthcare Primary Policy Endorsement Employee EBL Retro Benefits Date Liability Coverage Part x 02212000 x 02212000 Professional Liability Coverage Part X PL Retro Date 02212000 02212000 General Liability Coverage Part X GL Retro Date Evergreen Rehabilitation LLC Phoenix Rehabilitation LLC All other terms and conditions of the policy remain unchanged. 02212000 02212000 02212000 02212000 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. 02212000 02212000 Form No CNA77987XX 01 2016 Endorsement Effective Date Endorsement Expiration Date Endorsement No 12 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 74 of 75 | 2 |
cNA Healthcare Primary Policy Endorsement I CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM ENDORSEMENT It is understood and agreed as follows Whenever used in this endorsement 1 we means the insurer listed on 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. A. Cap on Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism pursuant to the Terrorism Risk Insurance Act as extended and reauthorized the Act. The criteria contained in the Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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 and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. Application of Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Policy such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. 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 CNA81753XX 03 2015 Policy No HMA 4032301247 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012019 Endorsement No 13 Page 1 of 1 Policy Page 75 of 75 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NUMBER MES RIVER CASUALTY COMPANY 00060778 0 11 WEST BROAD STREET. SUITE 300. JAMES RIVER CASUALTY COMPANY 6641 WEST BROAD STREET SUITE 300 RICHMOND VA 23230 1. NAMED INSURED AND MAILING ADDRESS PRODUCER 10348 Allied Systems Holdings Inc AmWINS Brokerage of lllinois 19550 Smokey Rd. 10 South LaSalle Street Suite 2000 Marysville OH 43040 Chicago IL 60603 6607 2. POLICY PERIOD From 01152014 to 04012014 1201 A.M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM IN RELIANCE UPON THE STATEMENTS IN THE APPLICATIONS AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 Any one premises MEDICAL EXPENSE LIMIT Excluded Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS Excluded AGGREGATE LIMIT RETROACTIVE DATE CG 00 02 ONLY THIS POLICY IS ON A CLAIMS MADE AND REPORTED BASIS WHICH PROVIDES LIABILITY COVERAGE ONLY IF A CLAIM IS FIRST MADE AND REPORTED DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE THIS IS NOT A CLAIMS MADE POLICY ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES DESCRIPTION OF BUSINESS FORM OF BUSINESS Corporation BUSINESS DESCRIPTION Premises Only for Offices Warehouses Garages and Yards for a Former Trucking Company Any one premises Any one person Any one person or organization URY LIMIT ATIONS JURS BEFORE THE MC0001US 05 09 Page 1 of 2 | 2 |
ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY 1 19550 Smokey Rd. Marysville OH 43040 2 5200 Oster Rd. Sheffield OH 44054 CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE PREMIUM RATE ADVANCE NUMBER NO. BASE PREMIUM 1 2 Vacant Land Other than 49451 13 1.16 15.00 Not For Profit Acreage 1 2 Building or Premises 61224 22292 33.55 748.00 office premises occupied Area by employees of the insured Other than Not For Profit Terrorism Acceptance 38.00 TOTAL PREMIUM SUBJECT TO AUDIT 801.00 If checked premium shown is flat and not Company Fee 0.00 subject to audit TOTAL SHOWN IS PAYABLE AT INCEPTION 801.00 AUDIT PERIOD IF APPLICABLE FREQUENCY Not Applicable ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY See attached schedule A Schedule of Forms THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. ATION NUMBER MC0001US 05 09 Page 2 of 2 | 2 |
SCHEDULE A FORMS AND ENDORSEMENTS THAT APPLY TO THIS POLICY POLICY NO. 00060778 0 FORM NUMBER DESCRIPTION DESCRIPTION MC0001US0509 GC0001US0304 CG0001 1207 AP2103US0607 MC2105US1113 MC2126US0913 AP1005US0705 AP1013US1005 AP2104US1012 AP2107US0403 AP2008US0712 AP2063US1010 GC2001US0205 SE0001US1006 CG0068 0509 CG2104 1185 CG2136 0305 CG2147 1207 CG2167 1204 1L0021 0702 AP2029US1210 AP2031US0411 AP2034US1106 AP2044US0411 AP2061US0408 AP2106US0812 GC2131US0403 GC2141US0107 MC2139US0403 CG2176 0108 AP2119US0912 AP5028A0108 CG2187 0107 AP0100US0403 Commercial General Liability Declarations Schedule A Commercial General Liability Coverage Form Minimum Policy Premium Deductible Endorsement Damages and Expenses Premium Base Endorsement Additional Named Insured Endorsement Premium Audit Conditions Amended Common Policy Conditions Binding Arbitration Limitation of Coverage to Designated Premises Classification Limitation Endorsement Products Completed Operations Hazard Amendment Contractors or Vendors Limitation Recording and Distribution of Material or Information in Violation of the Law Exclusion Exclusion Products Completed Operations Hazard Exclusion New Entities Employment Related Practices Exclusion Fungi or Bacteria Exclusion Nuclear Energy Liability Exclusion Endorsement Broad Form Combined Policy Exclusions Exclusion Cross Suits Injury to Independent Contractors and Subcontractors Exclusion Assault and Battery Exclusion Absolute Pollution and Pollution Related Liability Exclusion with Hostile Fire HVAC Exceptions Absolute Auto Aircraft and Watercraft Exclusion Fiduciary Exclusion Exclusion Construction Activities Exclusion Coverage C Medical Payments Exclusion of Punitive Damages Related to a Certified Act of Terrorism Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses from Certified Acts of Terrorism Disclosure of Premium Pursuant to Terrorism Risk Insurance Act Conditional Exclusion of Terrorism Relating to Disposition of Federal Terrorism Risk Insurance Act Privacy Policy GC0001US 03 04 1of1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00011207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An In sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this in surance does not apply. We may at our discre tion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. 2 b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an oc currence or claim knew that the bodily in jury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any con tinuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resumption of that bodily injury or property damage af ter the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed un der Paragraph 1. of Section Il Who Is An In sured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other in surer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. 2 3 2 3 CG 00011207 ISO Properties Inc. 2006 Page 1 of 16 a | 0 |
e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute res olution proceeding in which damages to which this insurance applies are alleged. b c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damag es with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Page 2 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your pol icy as an additional insured with re spect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any in sured other than that additional in sured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the han dling storage disposal processing or treatment of waste Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the pollutants are brought on or to the premises site or lo cation in connection with such opera tions by such insured contractor or sub contractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lub ricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being per formed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connec tion with operations being performed by you or on your behalf by a con tractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants. iii CG 00011207 ISO Properties Inc. 2006 Page 3 of 16 a | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a govern mental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employ ment 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 entrust ment to others of any aircraft auto or water craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li censed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. b h. Mobile Equipment 1 2 Bodily injury or property damage arising out of The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 2 3 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 govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. j. Damage To Property Property damage to 1 2 3 4 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured Page 4 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
5 That particular part of real property on which you or any contractors or subcontrac tors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or 6 That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage aris es was performed on your behalf by a subcon tractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or danger ous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac cidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. CG 00011207 ISO Properties Inc. 2006 Page 5 of 16 a | 1 |
Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the own er. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for per sonal and advertising injury to which this in surance does not apply. We may at our discre tion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and ad vertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li ability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied con tract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertise ment.. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual property rights. Under this exclusion such other intellec tual property rights do not include the use of another s advertising idea in your advertise ment. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or Page 6 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
3 An Internet search access content or service provider. However this exclusion does not apply to Par agraphs 14.a. b. and c. of personal and ad vertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 2 3 Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising direct ly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy peri od b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devic es and 3 Necessary ambulance hospital profes sional nursing and funeral services. CG 00011207 ISO Properties Inc. 2006 Page 7 of 16 a | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu pies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a work ers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed opera tions hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b c d Page 8 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their du ties as your officers or directors. Your stock holders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their du ties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these em ployees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited li ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volun teer worker as a consequence of Para graph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any mem ber if you are a limited liability company. b c d CG 00011207 ISO Properties Inc. 2006 Page 9 of 16 a | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance availa ble to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Ex pense Limit is the most we will pay under Cover age C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent pos sible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and Page 10 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obli gations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insur ance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rent ed to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Dam age Liability. b Any other primary insurance available to you covering liability for damages aris ing out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer de fends we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. CG 00011207 ISO Properties Inc. 2006 Page 11 of 16 a | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other in surance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method al s0. Under this approach each insurer contrib utes equal amounts until it has paid its applica ble 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 lim it of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon representa tions you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where itis licensed or principally garaged. However auto does not include mobile equip ment. Page 12 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or dam age arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employ ee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document.. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be.. lmpaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rent ed to you or temporarily occupied by you with permission of the owner is not an insured con tract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection ar chitectural or engineering activities. 2 CG 00011207 ISO Properties Inc. 2006 Page 13 of 16 a | 1 |
10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not at tached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or car go. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi cle 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 au tos. 13.Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of priva cy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 14 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your con tract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment or abandoned or unused materials or 3 Products or operations for which the classi fication listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or c 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 occur rence 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 com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 19.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your prod uct and CG 00011207 ISO Properties Inc. 2006 Page 15 of 16 a | 1 |
2 The providing of or failure to provide warn ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth ers but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. Page 16 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM This endorsement modifies and amends insurance provided under the following ALL COVERAGE PARTS This endorsement sets forth the minimum earned premium for the policy. The minimum earned premium for this policy is calculated in accordance with the following 1. The minimum premium for the policy period is 100 of the total policy premium as shown on the policy declarations page plus any premium adjustment by endorsements and any additional premium developed by audit. Audits that indicate a return premium will not reduce the minimum as stated in paragraph 1. If the insured cancels this policy and the policy is not subject to audit the return premium will be 90 of the unearned policy premium however in no event will the Company retain less than 100 of the minimum premium shown in paragraph 1. above. If the insured cancels this policy and the policy is subject to audit the earned premium will be determined by final audit however in no event will it be less than 100 of the minimum premium as described in paragraph 1. above. If the Company cancels the policy for any reason other than for non payment of premium then the insured will be returned the full amount of the unearned premium without any minimum premium restrictions. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2103US 06 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT DAMAGES AND EXPENSES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Coverage Bodily Injury Liability OR Property Damage Liability OR Personal Advertising Injury Liability OR Damage To Premises Rented To You OR Medical Payments OR Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Combined Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE 5000 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to claims expense and damages for all bodily injury property damage or personal and advertising injury or medical expenses however caused A. Our obligation under the Bodily Injury Liability Property Damage Liability Personal andor Advertising Injury Liability Damage to Premises Rented to You Medical Payments or any other coverages provided by this policy to pay claims expense and damages on your behalf applies only to the amount of claims expense and damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. We may select a deductible amount on either a per claim or a per occurrence basis. Our selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury including claims expense b Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage including claims expense MC2105US 11 13 Page 1 0f3 | 2 |
c Under Personal Advertising Injury Liability Coverage to all damages sustained by any one person or organization because of personal and advertising injury including claims expense d Under Damage To Premises Rented To You Coverage all damages to any one premises while rented to you because of property damage including claims expense e Under Medical Payments Coverage to all medical expenses sustained by any one person including claims expense or f Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses sustained by any one person or organization including claims expense as the result of any one occurrence offense or accident. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a Under Bodily Injury Liability Coverage to all damages because of bodily injury including claims expense b Under Property Damage Liability Coverage to all damages because of property damage including claims expense c Under Personal Advertising Injury Liability Coverage to all damages because of personal and advertising injury including claims expense d Under Damage To Premises Rented To You Coverage all damages to any one premises while rented to you because of property damage including claims expense e Under Medical Payments Coverage to all medical expenses because of an accident including claims expense or f Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses including claims expense as the result of any one occurrence offense or accident regardless of the number of persons or organizations who sustain damages because of that occurrence offense or accident. The terms of this insurance including those with respect to 1. Our right and duty to defend any suits seeking those damages and 2. Your duties in the event of an occurrence offense claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Claims expense shall include investigations adjustment and legal expenses interests and fees including court costs and premiums on bonds incurred by us. Claims expense does not include salary charges of regular employees of the Company. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2105US 11 13 Page20f3 | 2 |
MC2105US 11 13 Page 30f3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM BASE ENDORSEMENT One or more of the following symbols may be entered under the Premium Base column of the Declarations. These symbols designate the base used for determining your premium. The following is a definition of these symbols when used as a premium base. Symbol Definition Area means The total number of square feet of floor space at the insured premises computed as follows For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following 1. Courts and mezzanine types of floor openings. 2. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 3. For tenants determine the area they occupy in the same manner as for the entire buildings. The rates apply per 1000 square feet of area. Total Cost means The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work. 2. All fees bonuses or commissions made paid or due. The rates apply per 1000 of total cost. Admissions means The total number of persons other than employees or the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per admission. Payroll means 1. Remuneration which includes money or substitutes for money. 2. Payroll includes a. Commissions bonuses pay for holidays vacations or periods of iliness b. Extra pay for overtime. c. Payments by an employer or amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as Federal Social Security Act MC2126US 09 13 Page 1 0f 3 | 2 |
Payment to employees on any basis other than time worked such as piece work profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on comparable accommodations Value of meals and lodging other than an apartment or house received by employees as part of their pay The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay The payroll of mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment The payroll of executive officers and individual insureds and co partners Fees paid to employment agencies for temporary personnel provided to the insured 3. Payroll does not include a. b. c. d. Tips and other gratuities received by employees Payments by an employer to group insurance or group pension plans for employees in accordance with the manuals in use by us The value of special rewards for individual invention or discovery Dismissal or severance payments except for time worked or accrued vacation The rates apply per 1000 of payroll. Gross Sales or Receipts means 1. The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for a. All goods or products sold or distributed b. Operations performed during the policy period c. Rentals and d. Dues or fees. 2. Inclusions The following items shall not be deducted from gross sales a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and f. Repossession of items sold on installments amount actually collected. 3. Exclusions The following items shall be deducted from gross sales. Sales or excise taxes which are collected and submitted to a governmental division. Credits for repossessed merchandise and products returned.. Allowances for damaged and spoiled goods. Finance charges for items sold on installments. Freight charges on sales if freight is charged as a separate item on customers invoice and Royalty income from patent rights or copyrights which are not product sales. cooo MC2126US 09 13 Page 2 of 3 | 2 |
The rates apply per 1000 of gross sales. Each means The basis of premium involves units of exposure and the quantity comprising each unit of exposure is indicated in the Declarations such as per acre. The rates apply per unit of exposure. Unit means A single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. The rates apply per each unit. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2126US 09 13 Page 3of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The persons or entities listed in the Schedule below are Included as Named Insureds under this policy SCHEDULE Name Retroactive Date If no date is shown below the Retroactive date shown in the Declarations Page of this Policy shall apply Allied Systems Holdings Inc. Allied Automotive Group Inc. Allied Systems Canada Company Allied Systems LTD. L.P. Allied Freight Broker LLC GACS Incorporated Commercial Carriers Inc. F.J. Boutell Driveaway LLC QAT Inc. RMX LLC Transport Support LLC Axis Group Inc. Axis Canada Company CT Services Inc. Cordin Transport LLC Haul Insurance Limited Terminal Services LLC Logistic Systems LLC Logistic Technology LLC AX International LTD. KAR TAINER Axis Areta LLC Arrendadora de Equipo Para el Transporte de Automoviles S. de R.L. de Axis Operadora Hermosillo S.A.de C.V. Axis Logistica S. de R.L. de C.V. Axis Operadora Mexica S.A. de C.V. Axis Operadora Guadalajara S.A. de C.V. Axis Operadora Monterrey S.A. de C.V. Axis Traslados S. de R.L. de C.V. This endorsement in no way Increases the Limits of Insurance shown in the Declarations Page of this Policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP1005US 07 05 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AP1005US 07 05 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT CONDITIONS AMENDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS COVERAGE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Item 5. Premium Audit is deleted and replaced with the following 5. Premium Audit a. b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. 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. We have the right but not the obligation to conduct a physical audit of records needed for premium computation after the expiration of this policy. Your refusal to maintain or provide needed records or to allow us to conduct a physical audit of needed records will result in our developing and calculating a final audit premium based on information available to us and without your cooperation. If final premium audits calculated without your cooperation result in additional premium you are obligated to pay such additional premium. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP1013US 10 05 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS All Coverage Parts in this policy are subject to the following Conditions. 1. CANCELLATION AND NON RENEWAL A. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. B. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. E. 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 unless cancellation is due to non payment of premium in which case the refund may be less than 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. F. If notice is mailed proof of mailing will be sufficient proof of notice. If we elect not to renew this policy we shall mail written notice to the First Named Insured at the address shown in the Declarations. Such written notice of non renewal shall be mailed at least 30 days prior to the end of the policy term. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. REPRESENTATIONS By accepting this policy you agree A. The statements in the Declarations are accurate and complete B. Those statements are based upon representations you made to us and C. We have issued this policy in reliance upon your representations. SERVICE OF SUIT It is agreed that in the event of the failure of this Company to pay any amount claimed to be due hereunder this Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon the Company s President or his nominee at the address shown on the Declarations page of this policy and that in any suit instituted against any one of them upon this policy this Company will abide by the final decision of AP2104US 10 12 Page 1 of 2 | 2 |
such Court or of any Appellate Court in the event of an appeal. The above named is authorized and directed to accept service of process on behalf of this Company in any such suit andor upon the request of the insured to give a written undertaking to the insured that it or they will enter a general appearance upon this Company s behalf in the event such a suit shall be instituted. Further pursuant to any statute of any state territory or district of the United States of America which makes provision therefore this Company hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. TERMS CONDITIONS AND PREMIUM On each renewal continuation anniversary of the effective date of the policy or on an annual basis the Company will determine the rate and premium andor amend the terms and conditions in accordance with the rates and rules then in effect. 7. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. In Witness Whereof this Company has executed and attested these presents but this policy shall not be valid unless signed by duly authorized representatives of this Company. VICE PRESIDENT Zotojsii B JonA AP2104US 10 12 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BINDING ARBITRATION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS Should we and the insured disagree as to the rights and obligations owed by us under this policy including the effect of any applicable statutes or common law upon the contractual obligations otherwise owed either party may make a written demand that the dispute be subjected to binding arbitration. When such a request is made The American Arbitration Association shall be used with each party selecting an arbitrator from the list of qualified arbitrators for insurance coverage disputes provided by that Association. The two chosen arbitrators shall select a third arbitrator from the same list if they can not agree to a selection The American Arbitration Association shall make the selection for them. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and of the arbitration process. A decision agreed to by two of the arbitrators will be binding. In the event you prevail in the arbitration and we promptly offer to you arbitration costs and reasonable attorney fees incurred in connection therewith in addition to the disputed contract benefit you shall have no right to sue us for breach of implied covenants or unreasonable withholding of contract benefits. To the extent that we prevail in the arbitration the arbitrators may award us any expenses andor damages incurred or paid under reservation of rights in excess of our contract obligations as determined by the arbitrators. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2107US 04 03 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Premises All locations listed in the All Premises You Own Rent or Occupy section of the MC0001US0509 Commercial General Liability Declaration and any Locations added as an additional Location by endorsement to this Policy. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of the premises shown in the above Schedule. remises You Own Rent or Occupy section of the MC0001US0509 Declaration and any Locations added as an additional Location by ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2008US 07 12 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLASSIFICATION LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The coverage provided by this Policy applies only to those operations specified in the applicationss for insurance on file with the Company and described under the description of operations or classification on the Declarations of this Policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2063US 10 10 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS HAZARD AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. The definition of Products completed operations hazard in SECTION V DEFINITIONS 16. is deleted and replaced with the following 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GC2001US 02 05 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OR VENDORS LIMITATION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS Coverage provided under this policy for bodily injury personal and advertising injury or property damage caused by acts of independent contractors or vendors contracted by you or on your behalf shall not apply unless the contractor or vendor contracted by you or on your behalf maintains insurance coverage and limits of insurance equal to or greater than the insurance coverage and limits of insurance provided by this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. SE0001US 10 06 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion g. of Paragraph 2. Exclusions of Sec B. Exclusion p. of Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Proper tion Coverage B Personal And Advertising ty Damage Liability is replaced by the following Injury Liability is replaced by the following 2. Exclusions 2. Exclusions This insurance does not apply to This insurance does not apply to q. Recording And Distribution Of Material p Recording And Distribution Of Material Or Information In Violation Of Law Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 2 3 4 Personal and advertising injury arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 2 3 4 CG 00 68 05 09 Insurance Services Office Inc. 2008 Page 1 0of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21041185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PRODUCTS COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. This insurance does not apply to bodily injury or property damage included within the products completed operations hazard. CG 21041185 Copyright Insurance Services Office Inc. 1984 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2136 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW ENTITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3. of Section Il Who Is An Insured does not apply. CG 2136 0305 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Person al And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or as sessing the effects of fungi or bacteria by any insured or by any other person or enti ty. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury B. Under any Medical Payments coverage to expenses incurred with respect to bodily inju or property damage 1 With respect to which an insured under the policy is also an insured under a nucle ar energy liability policy issued by Nuclear Energy Liability Insurance Association Mu tual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. 2 2 3 ry resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization.. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex himimin 1O b mombs b Memn bt s e B. Under any Medical Payments coverage to expenses incurred with respect to bodily inju ry resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 3 IL 00 21 07 02 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nucle ar facility. Nuclear facility means a Any nuclear reactol b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the pro cessing 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 plutoni um or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 07 02 o | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINED POLICY EXCLUSIONS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The following exclusions are added to this policy ABSOLUTE ASBESTOS LEAD OR SILICA EXCLUSION Injury or damages including any claim or suit arising out of resulting from caused or contributed to by Asbestos Lead or Silica is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising or alleged to have arisen out of same including but not limited to any a. e. Bodily injury personal and advertising injury property damage or damages of any type arising out of the inhalation ingestion physical exposure to absorption of or toxic substances of or from Asbestos Lead or Silica in any form or from any goods products or structures containing same or property damage or devaluation of property arising from any form of same or Existence of Asbestos Lead or Silica in any form in occupancy or construction or the manufacture sale transportation handling storage disposal or removal of same or goods or products containing same or Loss cost expense fines andor penalties arising out of any 1 request demand order governmental authority or directive or that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Asbestos Lead or Silica or 2 any litigation or administrative procedure in which any insured or others may be involved as a party in response to the effects or alleged effects of Asbestos Lead or Silica or Supervision instructions recommendations requests warnings or advice given or which should have been given as well as any costs including but not limited to abatement mitigation removal containment treatment detoxification neutralization or disposal of same or in any way responding to or assessing the effects of same or Actual or alleged Asbestosis Lead poisoning Silicosis or any other similar condition. This exclusion applies regardless of whether a. Injury or damage claimed is included within the products completed operations hazard of the policy or An alleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission. CLAIMS IN PROGRESS EXCLUSION a. This policy does not apply to bodily injury personal and advertising injury or property damage which begins or takes place before the inception date of coverage whether such bodily injury personal and advertising injury or property damage is known to an insured even though the nature and extent of such damage or injury may change and even though the damage may be continuous progressive cumulative changing or evolving and even though the occurrence causing such bodily injury personal and advertising injury or property damage may be or may involve a continuous or repeated exposure to substantially the same general harm. AP2029US 12 10 Page 1 of 2 | 2 |
All property damage to units of or within a single project or development and arising from the same general type of harm shall be deemed to occur at the time of damage to the first such unit even though the existence nature and extent of such damage or injury may change and even though the occurrence causing such property damage may be or involve a continuous or repeated exposure to substantially the same general harm which also continues or takes place in the case of repeated exposure to substantially the same general harm during the policy term. DISCRIMINATION EXCLUSION Discrimination charges of any kind actual and alleged are not covered under this policy nor are any expenses or obligation to share damages with or repay another who must pay damages from same. DAMAGES LIMITATION Damages mean a monetary judgment award or settlement. Damages do not include a. b. c. d. e. Civil or criminal fines sanctions or penalties whether imposed pursuant to statute or otherwise or Judgments or awards arising from acts or omissions deemed uninsurable by law or The restitution of consideration or expense paid to you for professional services rendered or which should have been rendered or Disputed fees or any actual or alleged personal profit or advantage to which you are not legally entitled or Equitable or non pecuniary relief. DUTY TO DEFEND EXCLUSION Where there is no coverage under this policy there is no duty to defend. PROFESSIONAL LIABILITY EXCLUSION Professional liability malpractice errors omissions or acts of any type including rendering or failure to render any type of professional service is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same unless such coverage is specifically endorsed onto this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2029US 12 10 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CROSS SUITS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS This insurance does not apply to bodily injury property damage or personal and advertising injury or any other claim for damages brought by any insured covered by this policy against any other insured that has an ownership interest in is operated controlled or managed by or is a parent subsidiary or affiliate of any such insured. This exclusion does not apply to any additional insured added to this policy by endorsement if such additional insured is 1. specifically named in the Schedule of such endorsement or 2. anindemnitee in a written contract or written agreement between any Named Insured and any additional insured signed before the date of the first occurrence or first offense and requiring the Named Insured to add such indemnitee as an additional insured Provided such additional insured a. is not a parent subsidiary or affiliate of the Named insured b. does not have any ownership interest in the Named insured c. is not owned operated controlled or managed by the Named insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2031US 04 11 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INJURY TO INDEPENDENT CONTRACTORS AND SUBCONTRACTORS EXCLUSION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS This insurance does not apply to bodily injury personal and advertising injury or property damage sustained by any of your independent contractors subcontractors or any employee leased worker temporary worker or volunteer help of same. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2034US 11 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASSAULT AND BATTERY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE SCHEDULE Applicable Coverage Form X Commercial General Li Coverage Form Liquor Li Coverage Form Sl A. When this endorsement applies to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM as shown in the SCHEDULE above SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended to add the following Assault and Battery This insurance does not apply to damages or expenses due to bodily injury property damage or personal and advertising injury arising out of resulting from or in connection with 1. 6. Assault or battery whether or not caused or committed by or at the instructions of or at the direction of or negligence of you any insured any person or any causes whatsoever The failure to suppress or prevent assault or battery by you any insured or any person The failure to provide an environment safe from assault or battery including but not limited to the failure to provide adequate security or the failure to warn of the dangers of the environment which could contribute to assault or battery The negligent employment investigation hiring supervision training or retention of any person The use of any force to protect persons or property whether or not the bodily injury property damage or personal and advertising injury was intended from the standpoint of the insured or committed by or at the direction of any insured The failure to render or secure medical treatment or care necessitated by any assault or battery. Assault includes but is not limited to assault sexual abuse sexual assault intimidation sexual harassment verbal abuse and any threatened harmful or offensive contact between two or more persons whether or not caused or committed by or at the instructions of or at the direction of or negligence of you any insured any person or any causes whatsoever. Battery includes but is not limited to battery sexual abuse sexual battery sexual molestation and any actual harmful or offensive contact between two or more persons whether or not caused or committed by or at the instructions of or at the direction of or negligence of you any insured any person or any causes whatsoever. AP2044US 04 11 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. B. When this endorsement applies to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM as shown in the SCHEDULE above SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions paragraph a. is deleted in its entirety and replaced with the following a. Expected or Intended Injury Bodily injury or property damage which is expected or intended by any insured even if the bodily injury or property damage 1 Is of a different kind quality or degree than initially expected or intended or 2 Is sustained by a different person entity real or personal property than initially expected or intended. C. When this endorsement applies to the LIQUOR LIABILITY COVERAGE FORM as shown in the SCHEDULE above 1. The terms bodily injury and property damage in this endorsement are replaced by the term injury and the term personal and advertising injury does not apply. 2. The following is added to section A. of this endorsement 7. The intoxication of any person. 3. SECTION I LIQUOR LIABILITY COVERAGE 2. Exclusions paragraph a. is deleted in its entirety and replaced with the following a. Expected Or Intended Injury Injury which is expected or intended by any insured even if the injury 1 Is of a different kind quality or degree than initially expected or intended or 2 Is sustained by a different person entity real or personal property than initially expected or intended. Includes copyrighted material of Insurance Services Office Inc. with its permission ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2044US 04 11 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION AND POLLUTION RELATED LIABILITY EXCLUSION WITH HOSTILE FIRE HVAC EXCEPTIONS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The following exclusion is added to this policy. If the policy already includes a pollution exclusion or a pollution related exclusion such exclusions isare deleted and replaced with the following Pollution environmental impairment contamination is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising out of or alleged to have arisen out of same. All liability and expense arising out of or related to any form of pollution whether intentional or otherwise and whether or not any resulting injury damage devaluation cost or expense is expected by any insured or any other person or entity is excluded throughout this policy. This insurance does not apply to any damages claim or suit arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants including but not limited to any a. Bodily injury personal and advertising injury property damage or damages for the devaluation of property or for taking use or acquisition or interference with the rights of others in or on property or air space or any other type injury or expense or b. Any loss cost expense fines andor penalties arising out of any 1 request demand order governmental authority or directive or that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess same the effects of pollutants environmental impairments contaminants or 2 any litigation or administrative procedure in which any insured or others may be involved as a party as a result of actual alleged or threatened discharge dispersal seepage migration release escape or placement of pollutants environmental impairments or contaminants into or upon land premises buildings the atmosphere any water course body of water aquifer or ground water whether sudden accidental or gradual in nature or not and regardless of when. This exclusion applies regardless of whether a. Injury or damage claimed is included within the products completed operations hazard of the policy or b. An alleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission. AP2061US 04 08 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This exclusion does not apply to a. bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests or b. bodily injury personal and advertising injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire originated i. Atany premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or i. Atany premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. The following definition is added to the policy. If the policy already includes a definition of pollutants such definition is deleted and replaced with the following Pollutants mean any solid liquid gaseous fuel lubricant thermal acoustic electrical or magnetic irritant or contaminant including but not limited to smoke vapor soot fumes fibers radiation acid alkalis petroleums chemicals or waste. Waste includes medical waste biological infectants and all other materials to be disposed of recycled stored reconditioned or reclaimed. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2061US 04 08 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE AUTO AIRCRAFT AND WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE 1. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions paragraph g. is deleted and replaced with the following g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft. Use includes operation and loading or unloading. Use also includes the handling and placing of persons by an insured into onto or from an aircraft auto or watercraft. 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. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS of form CG 00 01 4. Other Insurance paragraph b. Excess Insurance subparagraph 1 a iv is deleted. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS of form CG 00 02 4. Other Insurance paragraph b. Excess Insurance subparagraph 1 a v is deleted. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2106US 08 12 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIDUCIARY EXCLUSION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS This policy does not apply to any claim arising out of the Coercion conversion or misappropriation of others funds or property 2. Any dishonest fraudulent criminal malicious acts or omissions of the insured partner or employee or any person for whom you are legally responsible or 3. Any activities or operations performed in the capacity of a fiduciary. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GC2131US 04 03 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSTRUCTION ACTIVITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or related to any construction demolition reconstruction building rebuilding or development of any kind on the insured premises. However this exclusion shall not apply to bodily injury property damage or personal and advertising injury arising out of routine and regular maintenance activities performed by the insured s employees on the insured premises. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GC2141US 01 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ALL PREMISES AND CLASSIFICATIONS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any premises or classification shown in the Schedule 1. Section Coverage C Medical Payments does not apply and none of the references to it in the Coverage Part apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2139US 04 03 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added 2. The act is a violent act or an act that is dan i. gerous to human life property or infrastructure This insurance does not apply to and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu Damages arising directly or indirectly out of a lation of the United States or to influence the certified act of terrorism that are awarded as pu policy or affect the conduct of the United States nitive damages. Government by coercion. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 2176 0108 ISO Properties Inc. 2007 Page 1 0of 1 m | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MARITIME EMPLOYERS LIABILITY POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage terri tory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In de termining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the pur pose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or policy to which this endorsement is applicable and may include but is not limited to bodily injury property damage personal and advertising injury or other type of injury or damage to which this policy applies provided such other type of injury or damage is defined in the applicable Cover age Part or Policy. AP2119US 09 12 Page 1 of 2 | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act s a violent act or an act that is dangerous to human life property or infrastructure and is com mitted by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastruc ture that is committed by an individual or individuals and that appears to be part of an effort to coerce a ci vilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident.. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part or Policy.. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer de ductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are sub ject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2119US 09 12 Page 2 of 2 | 2 |
DISCLOSURE OF PREMIUM PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium Certified Acts 38.00 This premium is the total premium attributable to insured losses under the Federal Terrorism Risk In surance Act Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice dis closing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terror ism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share of losses equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to ter rorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act ex ceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deducti ble under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. AP5028A 01 08 Page 1 of 1 Includes copyrighted material of ISO Properties Inc. 2006 used with permission | 2 |
COMMERCIAL GENERAL LIABILITY CG 21870107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be come applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro visions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or Policy or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism loss es. or Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or 2 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror m however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the pro ns of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. CG 21870107 ISO Properties Inc. 2005 Page 1 0of 3 a | 2 |
3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. 2 C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Page 2 0f 3 ISO Properties Inc. 2005 CG 21870107 o | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. CG 21870107 ISO Properties Inc. 2005 Page 3 of 3 a | 2 |
JAMES RIVER CASUALTY COMPANY Privacy Policy We do not sell customer information to nonaffiliated third parties and we do not share customer information with nonaffiliated third parties except those parties who perform contractual services for us and parties to which we are authorized to provide information by law. In addition when we provide information to affiliates or non affiliates we limit those disclosures to information about your transactions and experiences with us and to disclosures otherwise permitted by law. You do not need to take any action to prevent us from selling or sharing information we obtain about you. We use security measures and training in our effort to protect the customer information we collect. We protect the information we obtain about you by maintaining physical electronic and procedural safeguards. We collect the following types of information about you when you purchase or use our products and services. Most of the information that we obtain about you comes directly from you such as through the insurance applications you submit when requesting insurance products. These applications and other inquiries we make of you allow us to learn information that we may use to contact you in the future such as your name address telephone number and e mail address. In addition insurance applications and other information you provide enables us to determine the type and value of your insured property the types of insurance coverages you have or in which you might be interested and similar information. If you visit an Internet site that we maintain we might request or obtain information that will enable us to identify you as a registered user such as your name a user identification name a password password reminders and your Internet service provider. We might use a cookie to retain some of this information. We also might obtain information about your operating system web browser and similar information to enable us to improve the operation of our site. When we consider products and services in which you may be interested we often review information that we have about your past transactions with us or our affiliates such as your existing or former policy coverages premiums and payment history. In addition we may learn information about your transactions with nonaffiliated third parties including the types of products or services you obtained from them and your experiences with them. Finally we may obtain other information from third parties that has a bearing upon your eligibility for the products or services you seek from us. This information may include your credit report or information about your creditworthiness or other information maintained by consumer reporting agencies. We provide customer information only to our affiliates and to nonaf customer information. ates that must protect your We also may provide information as mentioned in this notice to nonaffiliated third parties that perform services for us or perform functions on our behalf such as marketing and research or to other financial institutions with which we have joint agreements for activities such as marketing. By law our contracts with these parties must prevent them from using the information they receive about you except as described in this notice. Finally we may share customer information as permitted by applicable law. This means that we will share information with parties as necessary to affect administer or enforce transactions that you request. For example we might provide information to a company that processes prints and mails our insurance policies to you or to a company that adjusts claims under your policies. We also might disclose customer information to other entities specified by law such as insurance advisory organizations our attorneys and accountants consumer reporting agencies or civil and regulatory authorities. Federal law sets the limitations on these types of disclosures. We strive to keep our records as accurate as possible. We attempt to maintain accurate records about you and we will gladly make appropriate corrections when you notify us. Of course we do not control the accuracy of information gathered and provided by third parties and you may need to notify third parties directly if you believe that any information we received from them is inaccurate. You may request the name and address of any consumer reporting agency from which we obtain a report on you. You then may contact that consumer reporting agency to request a copy of the report it makes or to advise of any changes to the information they maintain and report. We will provide one copy of this Privacy Policy to joint contract holders. Please share this information with everyone covered under your policy or contract. AP0100US 04 03 Page 1 of 1 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION Pk COMMERCIAL GENERAL LIABILITY INSURANCE POLICY Represented by 0Old Republic Construction Program Group 9393 West 110th Street Suite 500 Overland Park KS 66210 For Inquiries and Complaints Tel 913 323 6841 J02 0812 DLETDITRY 1 COMMERCIAL GENERAL LIABILITY INSURANCE POLICY Represented by Old Republic Construction Program Group 9393 West 110th Street Suite 500 Overland Park KS 66210 For Inquiries and Complaints Tel 913 323 6841 COMMERCIAL GENERAL LIABILITY INSURANCE POLICY Represented by Old Republic Construction Program Group 9393 West 110th Street Suite 500 Overland Park KS 66210 For Inquiries and Complaints Tel 913 323 6841 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION GENERAL LIABILITY RENEWAL DECLARATION ENDOR 000 RENEWAL OF A7CG041812 00 POLICY NO. A7CG041813 01 ACCOUNT NUMBER 3CD00632 7007 INC. NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS OLD REPUBLIC CONSTRUCTION OLD CHICAGO STEEL LLC INSURANCE AGENCY 5910 S. 27TH STREET OMAHA NE 68107 OVERLAND PARK KS 66210 9393 WEST 110TH ST STE 500 POLICY PERIOD From 09012013 to 09012014 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE THE NAMED INSURED IS LIMITED LIAB COMPANY BUSINESS DESC REBAR CONTRACTOR IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE GENERAL AGGREGATE 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE 2000000 PERSONAL INJURY ADVERTISING INJURY 1000000 EACH OCCURRENCE 1000000 DAMAGE TO PREMISES RENTED TO YOU S MEDICAL EXPENSE 300000 ANY ONE PREMISES 10000 ANY ONE PERSON STATE1 LOCATION OF ALL PREMISES YOU OWN RENT OR OCCUPY PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT LOC 1 PER SCHEDULE ON FILE WITH THE COMPANY. PMS PDTS LOC CLASSIFICATION CODE PREMIUM BASIS RATE RATE 1 METAL ERECTION FRAME STRUCTURES IRON WORK ON OUTSIDE OF 97651 PAYROLL 13826 46.825 25.869 BUILDINGS 1 CONCRETE CONSTRUCTION 91560 PAYROLL 24116 34.561 15.499 1 CONTRACTORS EXECUTIVE SUPERVISORS OR EXECUTIVE SUPERINTENDENTS 91580 PAYROLL 4019 45.431 INCL CGDECO000 0906 09 25 13 T8 TNIKO Page | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION GENERAL LIABILITY RENEWAL DECLARATION POLICY NO. A7CG041813 01 ENDOR 000 RENEWAL OF A7CG041812 00 ACCOUNT NUMBER 3CD00632 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 7007 OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY INC. 9393 WEST 110TH ST STE 500 OVERLAND PARK KS 66210 OLD CHICAGO STEEL LLC 5910 S. 27TH STREET OMAHA NE 68107 POLICY PERIOD From 09012013 to 09012014 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE PMS PDTS LOC CLASSIFICATION CODE PREMIUM BASIS RATE RATE 1 BRIDGE OR ELEVATED HIGHWAY CONSTRUCTION CONCRETE 91266 PAYROLL 8039 62.433 6.091 STATE2 LOCATION OF ALL PREMISES YOU OWN RENT OR OCCUPY LOC 1 PER SCHEDULE ON FILE WITH THE COMPANY. PMS PDTS LOC CLASSIFICATION CODE PREMIUM BASIS RATE RATE BRIDGE OR ELEVATED HIGHWAY CONSTRUCTION CONCRETE 91266 PAYROLL IF ANY 35.542 10.494 1 CONCRETE CONSTRUCTION 91560 PAYROLL IF ANY 19.572 19.635 1 CONTRACTORS EXECUTIVE SUPERVISORS OR EXECUTIVE SUPERINTENDENTS 91580 PAYROLL IF ANY 25.805 INCL PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT STATE3 LOCATION OF ALL PREMISES YOU OWN RENT OR OCCUPY LOC 1 PER SCHEDULE ON FILE WITH THE COMPANY. CGDECO000 0906 09 25 13 T8 TNIKO Page 2 of | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION GENERAL LIABILITY RENEWAL DECLARATION ENDOR 000 RENEWAL OF A7CG041812 00 POLICY NO. A7CG041813 01 ACCOUNT NUMBER 3CD00632 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 7007 OLD REPUBLIC CONSTRUCTION OLD CHICAGO STEEL LLC INSURANCE AGENCY INC. 5910 S. 27TH STREET 9393 WEST 110TH ST STE 500 OMAHA NE 68107 OVERLAND PARK KS 66210 POLICY PERIOD From 09012013 to 09012014 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE PMS PDTS LOC CLASSIFICATION CODE PREMIUM BASIS RATE RATE 1 CONCRETE CONSTRUCTION 91560 PAYROLL IF ANY 14.776 10.466 1 BRIDGE OR ELEVATED HIGHWAY CONSTRUCTION CONCRETE 91266 PAYROLL IF ANY 26.699 5.023 1 CONTRACTORS EXECUTIVE SUPERVISORS OR EXECUTIVE SUPERINTENDENTS 91580 PAYROLL IF ANY 19.518 INCL PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 60435 1207 EMPLOYEE BENEFITS LIABILITY COVERAGE Linit of Insurance Deductible Premiun T 1000000 Each Employee 1000 Each Employee 1000000 Aggregate 1 T 1 Retroactive Date 09012012 TERRORISM EXCLUSION APPLIES TERRORISM INSURANCE ACT REJECTED TOTAL ADVANCE PREMIUM 2957 CGDECO000 0906 09 25 13 T8 TNIKO Page 3 of | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION GENERAL LIABILITY RENEWAL DECLARATION POLICY NO. A7CG041813 01 ENDOR 000 RENEWAL OF A7CG041812 00 ACCOUNT NUMBER 3CD00632 7007 NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS OLD REPUBLIC CONSTRUCTION OLD CHICAGO STEEL LLC INSURANCE AGENCY INC. 5910 S. 27TH STREET 9393 WEST 110TH ST STE 500 OMAHA NE 68107 OVERLAND PARK KS 66210 POLICY PERIOD From 09012013 to 09012014 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE FORMS AND ENDORSEMENTS APPLYING TO COMMERCIAL GENERAL LIABILITY COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE IL0021 05 02 ILO017 11 98 GOOOT 04 13 CGENGNOO370112 CGENGNOO831208 62147 12 07 60200 12 07 ILO162 09 08 ILO147 09 11 IL0272 09 07 ILO158 09 08 CGO123 03 97 ILO1M7 12 10 ILO283 09 07 CGO124 01 93 G0435 1207 G2186 12 04 62196 03 05 C62146 07 98 C62279 04 13 C62167 12 04 CGENGNOO300906 CGENGNOD290906 CGENGNOO340906 CGENGNO0240906 CGENGNOD470906 CGENGNOO540906 CGENGNO0190906 CGENGNOO250906 C62503 0509 62504 0509 C62404 0509 C60224 1093 CGENGNO0900210 62173 01 08 IL0021 09 08 CGENGNO0390906 ILENGNOOD10906 C62165 12 04 ILO259 09 07 C62010 04 13 C62037 04 13 CGENGN00910310 C60437 04 13 ILENILO0040911 ILENGNO0020607 THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS IF APPLICABLE TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. COUNTERSIGNED AT DATE AL.ORIZED REPRESENTATIVE CGDECO000 0906 09 25 13 T8 TNIKO Page 4 of | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION INSTALLMENTS IT IS AGREED THAT THE PREMIUM IS PAYABLE AS FOLLOWS DATE PREMIUM 09012013 740.00 12012013 739.00 03012014 739.00 06012014 739.00 Named Insured OLD CHICAGO STEEL LLC Policy Number A7CG041813 01 Endorsement No. 000 Policy Period 09 01 13 to 09 01 14 Endorsement Effective Date 09 01 13 Producer s Name OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY INC. Producer Number 7007 AUTHORIZED REPRESENTATIVE IL EN GN 0002 06 07 DATE | 2 |
IL 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construc tion maintenance operation or use of any nuclear facility but if such facility is lo cated within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. 2 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construc tion maintenance operation or use of any nuclear facility but if such facility is lo cated within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 o | 2 |
ource material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging c Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or de vice is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 o | 2 |
IL0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and rec ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
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