text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
CG 00010413 This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspecled defect deficiency inadequacy or dangerous condition in it 0. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does nol apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or fransmitted 1o or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising direclly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credil Reporling Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to properly damage other than damage by fire o premises including the contents of such premises rented fo you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section llf Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 6 CG 00010413 Insurance Services Office Inc. 2012 ACP GLA07244313823 LAXA 13262 INSURED COPY Page 5 of 16 72 0005165 | 1 |
CG 00010413 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA 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 and their amendments and additions that a. Knowing Violation Of Rights Of Another addresses prohibits or limits the printing Personal and advertising injury caused by or dissemination disposal collecting at the direction of the nsured wnh the recording sending transmitting knowledge that the act wtulq violate the rights communicating or distribution of material or of another and would inflict personal and information. advertising injury. Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of by fire to premises while rented to you or Falsity temporarily occupied by you with permission of the Personal and advertising injury arising out of owner. A separate limit of insurance applies to this oral or written publication in any manner of coverage as described in Section Il Limits Of material if done by or at the direction of the Insurance. insured with knowledge of its falsity. COVERAGE B PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period INJURY LIABILITY Personal and advertising injury arising out of 1. Insuring Agreement oral or writien publication in any manner of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages before the beginning of the policy period because of personal and advertising injury to d. Criminal Acts vyhich this insurance applies. We will have the Personal and advertising injury arising out of right and duly to defend the insured against a criminal act committed by or at the direction any suit seeking those damages. However of the insured. we will have no duly o defend the insured against any suil seeking damages for e. Contractual Liability personal and advertising injury to which this Personal and advertising injury for which the insurance does not apply. We may at our insured has assumed liability in a contract or discretion invesligale any offense and settle agreement. This exclusion does not apply to any claim or suit that may result. But liability for damages that the insured would 1 The amount we will pay for damages is have in the absence of the contract or limited as described in Section Nl Limits agreement. Of Insurance and 1. Breach Of Contract 2 Our right and duty to defend end when we Personal and advertising injury arising out of have used up the applicable fimit of a breach of contract except an implied insurance in the payment of judgments or contract to use another s advertising idea in settlements under Coverages A or B or your advertisement. medical expenses under Coverage C. g. Quality Or Performance Of Goods Failure No other obligation or liability to pay sums or To Conform To Statements perform acts or services is covered unless Personal and advertising injury arising out of explicitly provided for under Supplementary the failure of goods products or services to Payments Coverages A and B. conform with any statement of quality or b. This insurance applies 1o personal and performance made in your advertisement. advertising injury caused by an offense arising h. Wrong Description Of Prices Personal and advertising iniury arising out of the wrong description of the price of goods products or services stated in your advertisement. ko Ui IlTiRe HiE pPiiiig disposal collecting sending transmitting r distribution of material or. do not apply to damage while rented to you or you with permission of the of insurance applies 1o this in Section Il Limits Of AL AND ADVERTISING sums that the insured galed to pay as damages I and advertising injury to applies. We will have the efend the insured against hose damages. However PR R CG 00010413 72 0005166 Insurance Services Office Inc. 2012 LAXA 13262 INSURED COPY Page 6 of 16 ACP GLAO7244313823 | 1 |
e CG 00010413 n. Pollution related Any loss cost or expense arising out of any. 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p Recording And Dis ion Of Material Or Information In Violation Of Law Personal and advertising injury arising direclly 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 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or Jocal statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 2 i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and adverlising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s adverlising idea in your advertisement However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or adverlising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 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 fo mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7244313823 LAXA 13262 INSURED COPY Page 7 of 16 72 0005167 | 1 |
CG 00010413 COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. b. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of faull. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. b. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. g.. Athletics Acti. 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. es To a person injured while practicing instructing or participating in any physical exercises.or games sports or athletic contests.. Products Completed Operations Hazard Included within the operations hazard. Coverage A Exclusions Excluded under Coverage A. products completed SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suil against an insured we defend a. b.. All reasonable expenses. Prejudgment All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have lo furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have 16 fumish these bonds. incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. CG 00010413 72 0005168 Insurance Services Office Inc. 2012 LAXA 13262 INSURED COPY Page 8 of 16 ACP GLA07244313823 | 1 |
g Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limils of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suil against the indemnilee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnilee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee. The indemnilee and the insured ask us to conduct and control the defense of thal indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and. The indemnitee 1 Agrees in wriling to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available 1o the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related 1o the suit and b Conduct and control the defense of the indemnitee in such suit. CG 00010413 So long as the above conditions are met aftorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed 1o 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 atlorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or seftlements or the conditions set forth above or the terms of the agreemenl described in Paragraph f. above are no longer met. SECTION It WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business.. 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 parinership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as slockholders. e. A trust you are an insured. Your trusiees are also insureds but only with respect to their duties as trustees CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7244313823 LAXA 13262 INSURED COPY Page 9 of 16 72 0005169 | 1 |
CG 00010413 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 it you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limiled liability company 1o a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 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 lo 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 dulies as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply 1o bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply 1o personal and adverlising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect 1o the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage Cj 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. IR M nal health ustody or cal conirol AN LAXA 13262 Insurance Services Office Inc. 2012 INSURED COPY CG 00010413 72 0005170 Page 10 of 16 ACP GLA07244313823 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Goverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limil is the most we will pay under Coverage A for damages because of property damage to any one premises while rented 1o you or in the case of damage by fire while rented 1o you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of. bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separalely 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 estale will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and CG00010413 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands nolices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable 1o 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 organizalion 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 setllement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7204313823 LAXA 13262 INSURED COPY Page 11 of 16 72 0005171 | 1 |
CG 00010413 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or walercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitltd to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the rafio of ils applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our riles and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the eamed premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 ACP GLA07244313823 LAXA 13262 INSURED COPY CG 00010413 72 0005172 | 1 |
b. Those statements are based representations you made to us and. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately 1o each insured against whom claim is made or suit is brought.. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred 1o us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights o us and help us enforce them.. When We Do Not Renew If we decide not 1o renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. upon SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published 1o the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods producls or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.. Hostile fire CG 00010413 However auto include mobile equipment. does not. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or iransporlation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or producls made or sold by you in the territory described in Paragraph a. above 2 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 3 Personal and advertising injury offenses that take place through the Intemet or similar electronic means of communication provided the insured s responsibilily to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charler constitution bylaws or any other similar goveming document. means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be delective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. recover all or part of under this Coverage nsferred 1o us. The r loss to impair them. d will bring suit or and help us enforce is Coverage Part we first Named Insured written notice of the 30 days before the ailing will be sufficient tice that is broadcast CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7244313823 LAXA 13262 INSURED COPY Page 13 of 16 72 0005173 | 1 |
CG 00010413 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with consiruction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or properly damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field ord change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepled for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircrafl watercraft or auto or c. While it is being moved from an aircraft watercraft or auto 1o the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached 1o the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled. or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b.. or d. above that are not self propelled and are maintained primarily 1o provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. CG 00010413 72 0005174 Page 14 of 16 Insurance Services Office Inc. 2012 ACP GLAO7244313823 LAXA 13262 INSURED COPY | 1 |
However self propelled vehicles with the 16.Products com follqwing types of pgrmaneny attached a. Includes a equipment are not mobile equipment but will damage o be considered autos own or rent 1 Equipment designed primarily for your work a Snow removal 1 Producl b Road maintenance but not construction possessi or resurfacing or 2 Work th c Street cleaning gbad 2 Cherry pickers and similar devices mounted eeme N following on automobile or truck chassis and used to raise or lower workers and a Wher 3 Air compressors pumps and generators contr including spraying welding building b Wher cleaning geophysical exploration lighting iob s and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory c Wher or financial responsibilty law or other motor site h vehicle insurance law where it is licensed or any principally garaged. Land vehicles subject to a anoth compulsory or financial responsibility law or other worki motor vehicle insurance law are considered Work tha autos. correctio 13.Occurrence means an accident including isother continuous or repeated exposure to substantially complete the same general harmful conditions. b. Does not ir 14.Personal and advertising injury means injury damage ari including consequential bodily injury arising out 1 The tran of one or more of the following offenses injury or a. False arrest detention or imprisonment orona b. Malicious prosecution EIa c. The wrongful eviction from wrongful entry into insured or invasion of the right of private occupancy of The ex a room dwelling or premises that a person occupies committed by or on behalf of its al ggles owner landlord or lessor d. Oral or written publication in any manner of sillfg material that slanders or libels a person or a policy organization or disparages a person s or complete organization s goods products or services General 4 Oral or written publication in any manner of material that violates a person s right of 17. Propenydarnag privacy a. Physical injt 1. The use of another s advertising idea in your Hdr e s gngf advertisement or the time of th g. Infringing upon another s copyright trade dress or slogan in your advertisement. b jicwu 15.Pollutants mean any solid liquid gaseous or deemed to thermal irritant or contaminant including smoke occurrence vapor soot fumes acids alkalis chemicals and wasle. Waste includes materials to be recycled reconditioned or reclaimed. For the purpose is not tangible pr CG 00010413 Insurance Services Office Inc. 2012 ACP GLAD7244313823 LAXA 13262 INSURED COPY CG 00010413 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 al 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 olherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule slales 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. Al such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 3 Page 15 of 16 72 0005175 | 1 |
CG 00010413 As used in this definition electronic dala means information facts or programs stored as or on created or used on or transmilled to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent..Temporary worker means a person who is furnished to you to subslitule for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product 1 a. Means 1 Any goods or products other than real property manufactured.sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials paris or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. All terms and conditions of this policy apply unless modified by this endorsement. CG 00010413 72 0005176 LAXA 13262 Insurance Services Office Inc. 2012 INSURED COPY Page 16 of 16 ACP GLA07244313823 | 1 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV does not apply to COV ERAGE C. MEDICAL PAYMENTS. Copyright Insurance Services Office Inc. 1984 CG 0109 11 85 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable 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 dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Hl 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments.. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement.. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 3 CG 04351207 Page 1 of 6 | 2 |
CG 04351207 d. 2 When we make seftlement in accor dance with Paragraph a. above. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy pe riod if no subsequent policy is available to cover the claim. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. o 4 Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 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. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. per f perform Page 20f 6 CG 04351207 | 2 |
CG 04351207 of Insurance of this endorsement ately to each consecutive annual any remaining period of less than starting with the beginning of the shown in the Declarations of the ich this endorsement is attached olicy period is extended after issu additional period of less than 12 nat case the additional period will art of the last preceding period for determining the Limits Of Insur ation to pay damages on behalf of ed applies only to the amount of in excess of the deductible tated in the Schedule as applica ch Employee. The limits of insur Il not be reduced by the amount of ctible. ctible amount stated in the Sched s to all damages sustained by any ployee including such em dependents and beneficiaries of all acts errors or omissions to 5 insurance applies. s of this insurance including those ct to ght and duty to defend any suits g those damages and duties and the duties of any other ed insured in the event of an act Or omission or claim spective of the application of the e amount. pay any part or all of the deducti unt to effect settlement of any suit and upon notification of the en you shall promptly reimburse h part of the deductible amount as paid. s of the coverage provided by this onditions 2. and 4. of Section IV eneral Liability Conditions are following e Event Of An Act Error Or r Claim Or Suit t see to it that we are notified as racticable of an act error or omis h may result in a claim. To the ssible notice should include the act error or omission was and it occurred and Page 3 of 6 c. 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 Endorsement 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance CG 04351207 The Limits of Insurance of this endorsement 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 of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will applies 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 pol icy period whichever is earlier.. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. o The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program CG 04351207 be deemed part of the last preceding period for purposes of determining the Limits Of Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applica ble to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible b. The deductible amount stated in the Sched ule applies to all damages sustained by any one employee including such em ployee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. 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 and the duties of any other involved insured in the event of an act efror or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble 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 we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and Page 3 of 6 Page 3 of 6 | 2 |
CG 04351207 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission 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 without our consent. 4. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers Page 4 of 6 CG 04351207 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. CG 04351207 The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate fimit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handiing records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 Page 5 of 6 | 2 |
enefits designated in the d thereto by endorse overage provided by this 5. and 18. in the Defini i by the following 2 person actively em loyed on leave of ab retired. Employee in r. Employee does not orker oceeding in which dam act error or omission to pplies are alleged. Suit ceeding in which such ed and to which the in or does submit with our tive dispute resolution ch such damages are ich the insured submits dorsement. CG 04351207 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military matemnity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker 18. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. All terms and conditions of this policy apply unless modified by this endorsement. Page 6 of 6 180 Properties Inc. 2006 CG 04351207 | 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 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 3 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. All terms and conditions of this policy apply unless modified by this endorsement. ge Liabi lity ply to any at person person s employment practices policies uch as coercion demo assignment discipline ment humiliation dis cious prosecution di or nt brother or sister of juence of bodily injury any of the employment bed in Paragraphs a ted. 5ing event described in c above occurs before ployment or after em ay be liable as an em pacity and hare damages with or ho must pay damages CG 21471207 IS0 Properties Inc. 2006 Page 1 of 1 | 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 fo or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardiess 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. All terms and conditions of this policy apply unless modified by this endorsement. age which vhole or in I or threat of contact or presence or within a s contents her cause ibuted con such injury sing out of g cleaning g detoxify r disposing or assess LT CG 21671204 Includes copyrighted material of Insurance Services Office Inc. with permission. 1S0 Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance 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 ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied 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 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 All terms and conditions of this policy apply unless modified by this endorsement. CG 21700108 ISO Propertties Inc. 2007 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer archilect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. 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 properly damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect lo the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a conslruction contractor. All terms and conditions apply unless modified by this endorsement. CG22790413 Insurance Services Office Inc. 2012 ACP GLAO7244313823 LAXA 13262 INSURED COPY Page 10of 1 72 0005177 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26420105 LICY. PLEASE READ IT CAREFULLY. INDING ARBITRATION ollowing T ITY COVERAGE PART OVERAGE PART T 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. pply unless modified by this endorsement. s Inc. 2005 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 26420105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES BINDING ARBITRATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If after a claim has been made a dispute arises be cause we and the insured do not agree whether cov erage is provided under this Coverage Part for a claim made against the insured both parties may by mutual consent agree in writing to arbitration of the disagreement. One party can not force the other party into arbi tration. However if both parties agree to arbitrate by mutual consent each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selec tion be made by a judge of a court having jurisdiction. Each party will 1. Pay the expenses it incurs and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All terms and conditions of this policy apply unless modified by this endorsement. CG 26 4201 05 ISO Properties Inc. 2005 Page 1 of 1 | 2 |
For attachment to policy nhumber ACP GLAO 7244313823 to complete said policy. EMPLOYEE BENEFITS LIABILITY COVERAGE SCHEDULE NOTICE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE Except to such extent as may otherwise be provided herein this coverage is limited generally to liability for only those claims that are first made against the insured while the policy is in force. Please review the policy carefully and discuss the coverage thereunder with your insurance agent or broker. Named Insured SURFACE SOLUTIONS INTERNATIONAL INC LIMITS OF INSURANCE 1000000 Each Employee 2000000 Aggregate DEDUCTIBLE 1000 Each Employee RETROACTIVE DATE This insurance does not apply to a claim which occurs before the Retroactive Date shown here CG 435D 10 01 ACP GLA07244313823 LAXA 13262 INSURED COPY 72 0005178 1000 Each Employee RETROACTIVE DATE This insurance does not apply to a claim which occurs before the Retroactive Date shown here 092109 CG 435D 10 01 ACP GLA07244313823 LAXA 13262 INSURED COPY nan nan nan nan 72.0 5178.0 | 2 |
CG 70 23 10 96 owing mage arising out se the presence I elimination or i 0 any injury or or other duty in removal elimi arising out of or ad or lead pro e including but omission failure. existence de is insurance does CG 70 23 10 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This policy does not apply to any claims arising out of or alleged to have arisen out of any of the following 1. Asbestos or any asbestos related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or failure to disclose the presence of asbestos or other duty involving asbestos its use exposure existence detection removal elimination or avoidance. 2. Electro magnetic emissions or radiation related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty in volving any electro magnetic emissions or radiation from use exposure existence detection removal elimi nation or avoidance of electrical energy. 3. Lead or any lead related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving lead or lead pro ducts their use exposure existence detection removal elimination or avoidance. 4. Radon or any other radioactive emissions manmade or natural or any related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving radon or any other radioactive emissions their use exposure existence de tection removal elimination or avoidance. We shall not have a duty to defend any insured against a claim or suit seeking damage to which this insurance does not apply. CG 70 23 10 96 | 2 |
CG 70 33 03 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 10. Two or More Coverage Forms or Policies Issued by Us. If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same occurrence the aggregate maximum limit of insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. CG 70 33 03 93 | 2 |
COMMERCIAL GENERAL LIABILITY CG72460212 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED Section li is amended 3. to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be 1. Valid and legally enforceable 2. Currently in effect or becoming effective during the term of this policy and 3. Executed prior to an occurrence resulting in bodily injury property damage or personal and advertising injury. B. The insurance provided to the additional insured is further limited as follows 1. That person or organization is an additional 4. insured but only with respect to liability for bodily injury or property damage caused in whole or in part by your work for the additional insured which is the subject of the written contract or written agreement. 2. If we insured the Named Insured for more than one annual policy period a. Only the policy in effect at the time the bodily injury property damage or personal and advertising injury first occurs will apply b. Bodily injury property damage or personal and advertising injury first occurs when it is initially discovered by any person c. Any continuation progression change or resumption of bodily injury property 5. damage or personal and advertising injury will be deemed to be one occurrence d. Our limit of liability will not exceed the Limits of Insurance for one annual policy period. The coverage provided to the additional insured by this endorsement and paragraph. of the definition of insured contract under DEFINITIONS SECTION V does not apply to bodily injury or property damage caused in whole or in part by the products completed operations hazard unless required by the written contract or written agreement. When coverage does apply to bodily injury or property damage caused in whole or in part by the products completed operations hazard such coverage will not apply beyond the period of time required by the written contract or written agreement. The insurance provided to the additional insured does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory inspection architectural or engineering activities. c. Defects in design or specifications furnished by the additional insured or its employees. We have no duty to defend or indemnify an additional insured under this endorsement a. For any loss which occurs prior to our Named Insured commencing operations at the location of the loss. CG 72460212 Includes copyrighted material of Insurance Services Office Inc. Page 1 0of 3 with its permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 3 | 2 |
CG 72460212 b. Until we receive written notice of a claim or suit from the additional insured as required in the Duties In The Event of Occurrence Offense Claim or Suit Condition. C. With respect to the coverage provided under this endorsement the COMMERCIAL GENERAL LIABILITY CONDITIONS SECTION IV are amended as follows 1. The following is added to the Duties In The Event of Occurrence Offense Claim or Suit Condition An additional insured under this endorsement will as soon as practicable 1 Give written notice of an occurrence or an offense to us which may resutt in a clim or suit under this insurance Agree to trigger or activate any other insurance which the additional insured has for a loss we cover under this Coverage Part by tendering the defense to the insurers of all such other insurance With respect to the coverage provided under this endorsement Condition 4. Other Insurance is replaced by the following a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement 1 That this insurance be primary. If other insurance is also primary we will share with all that other insurance as described in c. below or 2 The coverage afforded by this insurance is primary and non contributory with the additional insured s own insurance. Paragraphs 1 and 2 do not apply o other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph b. below. 2 b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is fire lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or If the loss arises out of the maintenance or use of aircraft autos or watercraft 1o the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability e That is any other insurance available to an additional insured under this endorsement covering liability for damages arising out of the premises or operations or products and completed operations for which the additional insured has been added as an additional insured by that other insurance. When this insurance is excess we will have no duty under Coverages A or B to defend the additional insured against any suit if any other insurer has a duty to defend the additional insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the additional insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of c Includes copyrighted material of insurance Services Office Inc. with its permission. Page 2 0of 3 CG 72460212 | 2 |
CG72460212 i of Sharing the other insurance available to additional insured permits f ition by equal shares we will this method also. Under this ch each insurer contributes equal s until it has paid its applicable insurance or none of the loss s whichever comes first. f the other insurance available to fitional insured does not permit ttion by equal shares we will ite by limits. Under this method 1surer s share is based on the its applicable limit of insurance to applicable limits of insurance of ers. this endorsement. Inc. Page 30f 3 a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 4 c. CG72460212 Method of Sharing If all of the other insurance available to the additional insured permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance available to the additional insured does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All terms and conditions of this policy apply unless modified by this endorsement. 4 a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CG72460212 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 30of 3 | 2 |
COMMERCIAL GENERAL LIABILITY CG 72580908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section I Coverages This insurance including any duty to defend does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at any location where a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. All terms and conditions of this policy apply unless modified by this endorsement. CG 72580908 Page 1 of 1 | 2 |
IL0017 1198 IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. N The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 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 fation 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 period will end on that date.. 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.. If notice is mailed proof of mailing will be suffi cient 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 re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to 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. Paragraphs 1. and 2. of this condition apply not only fo us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 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. I. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Wili 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 transferred to your legal representative but only while acting within the scope of duties as your legal represen tative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but onfy with respect to that property. ned Insured shown in the Declara incel this policy by mailing or deliv dvance written notice of cancella cel this policy by mailing or deliv first Named Insured written notice on at least efore the effective date of cancel ve cancel for nonpayment of pre efore the effective date of cancel e cancel for any other reason. or deliver our notice to the first ed s last mailing address known to incellation will state the effective ellation. The policy period will end is cancelled we will send the first ed any premium refund due. If we efund will be pro rata. If the first red cancels the refund may be rata. The cancellation will be ef if we have not made or offered a e agreements between the insurance afforded shown in the Declara Copyright Insurance Services Office Inc. 1998 1L 00171188 Page 1 of 1 | 2 |
IL 00 21 09 08 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 MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily 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. IL 00 21 09 08 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 construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2 3 ISO Properties Inc. 2007 Page 1 of 2 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 2 3 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 clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Page 1 of 2 | 2 |
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 ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioac tive contamination of property. d Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
1L 026109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following A. CAPITAL ASSETS PROGRAM QUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2.a. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the reasons for cancel lation at least 1 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium. 2 30 days before the effective date of cancel lation if we cancel for any other reason. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the foliowing reasons 1 Nonpayment of premium 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy g 4 Unfavorable underwiiting factors specific to you exist that were not present at the in ception of this policy 5 A determination by the insurance commis sioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commis sioner that we no longer have adequate re insurance to meet our needs. B. The following is added and supersedes any condi tion to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known fo us. If notice is mailed proof of mailing will be sufficient proof of no tice. SO Properties Inc. 2006 IL. 02 61 0907 Page 1 of 1 | 2 |
iL700309 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MERCANTILE UMBRELLA LIABILITY POLICY SCHEDULE Persons or Organizations Address AS REQUIRED BY WRITTEN CONTRACT. LIST ON FILE WITH AGENCY. Number of Days Notice If this policy is cancelled other than nonpayment of premium or if the coverage provided by this policy is reduced or restricted except for any reduction in the Limits of Insurance due lo claims payments we will provide writien notice 1o the persons or organizations listed in the Schedule. We will provide this notice by mail 30 days in advance of any policy cancellation or coverage reduction or restric tion or as indicated in the Number of Days Nolice in the Schedule. All terms and conditions of this policy apply unless modified by this endorsement. 5 REQUIRED BY WRITTEN CONTRACT. ST ON FILE WITH AGENCY. Page 1 of 1 72 0005179 Includes copyrighted material of Insurance Services Office Inc. with its permission. LAXA 13262 INSURED COPY IL70 0309 11 ACP GLAO7244313823 | 2 |
1361411 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL CONTINUATION PROVISION If we offer to continue and you or your representative do not accept this policy will automatically terminate at the end of the current policy period. Failure to pay the required continuation premium when due shall mean that you have not accepted our offer. All terms and conditions of this policy apply uniess modified by this endorsement. nan nan nan nan 1361411.0 85.0 Page 1 of 1 | 2 |
CHARGE FOR L7003 28 01 86 28 01 86 ACP GLAO7244313823 INSURED COPY LAXA 13262 nan nan nan nan 72.0 5180.0 | 2 |
Named Insured Address IMPORTANT INSURANCE INFORMATION IMPORTANT NOTICE FOR RENEWAL POLICIES In an effort to keep your insurance premium as low as possible we have streamlined your renewal policy. We have not included printed copies of policy forms and endorsements that have not changed from your expiring policy unless they include variable information that is uhique to you. Please refer to your prior policies for printed copies of these forms. If you desire copies they are available upon request from your agent. IN 5017 05 93 | 2 |
Endorsements Page 1 of 1 Endorsement Text Information EndorsemenNumberlN7224 Edmon Date 0702 Version NumberOO IMPORTANT INSURANCE INFORMATION IMPORTANT NOTICE TO POLICYHOLDERS TEXAS CONTRACTORS The Texas State Board of Insurance requires that insurance companies establish their criteria for the adequacy of insurance limits of subcontractors performing work for you prior to policy inception. Unless otherwise communicated to vyou for the purposes of issuance of this policy those limits are 300000 Each Occurrence Limit for Bodily Injury and Property Damage 300000 Personal and Advertising Injury Limit 600000 General Aggregate Limit 600000 Products Completed Operations Limit Operations performed by subcontractors who work for you without ad equate insurance shall be classified and rated under the specific classification description for each type of work that is performed. IN 72 24 07 02 httpsaac.alliedinsurance.comcentereLibraryEndorsementsEndorseDisplay.cfm 10222013 | 2 |
IN758411 11 ke ek IMPORTANT INSURANCE INFORMATION ok Kk ok k ok Please read this Notice carefully. No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. NOTICE TO POLICYHOLDERS COMMERCIAL GENERAL LIABILITY CONTRACTORS ENHANCEMENT OR CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT The purpose of this notice is to make you aware of a change to the endorsements listed below. Your policy includes one of the following endorsements CG 72880310 Contractors Enhancement Endorsement e CG 728903 10 Contractors Enhancement Endorsement CG73230510 Contractors Enhancement Plus Endorsement CG73250510 Contractors Enhancement Plus Endorsement CG 733006 10 New York Contractors Enhancement Endorsement e CG 733106 10 Virginia Contractors Enhancement Endorsement CG 733206 10 Virginia Contractors Enhancement Plus Endorsement e CG 73670610 New York Contractors Enhancement Plus Endorsement The additional insured coverage within these endorsements has been revised to specifically require that in order for there to be coverage for an additional insured the injury or damage must be caused in whole or in part by the acts or omissions of you or those acting on your behalf. This revision clarifies that coverage is not extended for injuries or damages caused by an additional insured s sole negligence. IN7584 11 11 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY IN768904 13 GENERAL LIABILITY FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS Your General Liability policy is changing but the basic coverages are similar. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. If your current policy includes any of the following endorsements the coverage has been broadened clarified or reduced as noted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. CG 70 02 BODILY INJURY TO CO EMPLOYEES COVERAGE Minor corrections were made with no impact to coverage. HIRED AUTO AND NON OWNED AUTO LIABILITY COVERAGE Replacing CG 72 02 with CG 70 03 12 12 in Maryland only. Replacing CG 72 47 with CG 70 03 12 12 in Maine only. Replacing CG 70 48 with CG 70 03 12 12 in Kansas only. Replacing CG 70 50 with CG 70 03 12 12 in Minnesota only. Replacing CG 70 51 with CG 70 03 12 12 in Montana only. Replacing CG70 03 with updated CG 70 03 12 12 edition in all other states. A. REDUCTIONS IN COVERAGE 1. The fellow Employee Exclusion has been modified to exclude bodily injury of people in familial relationships with the insured. 2. Who Is an Insured has been modified with regard to non owned autos to limit coverage to partners executive officers while non owned autos are being used in your business and employee s if they or those with familial relationships do not own the non owned auto being used in the insured s business. We will no longer provide coverage for liability arising from the maintenance of Non Owned autos. 4. We will no longer provide coverage for attorney fees and litigation expenses assumed through Contractual Liability. 5. We will no longer provide coverage for liability assumed under a sidetrack agreement. w B. CLARIFICATIONS IN COVERAGE The Other Insurance Provision has been modified to clarify that coverage will be excess over any primary insurance. CG 70 68 GOLF COURSE ADDITIONAL INSURED ENDORSEMENT IN76 890413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of2 | 2 |
COMMERCIAL GENERAL LIABILITY IN768904 13 A. CLARIFICATIONS IN COVERAGE Who Is An Insured has been modified to remove volunteer workers as this is a defined term within the CG 00 01. B. EXCLUSIONS Coverage C. Medical Payments has been modified to exclude payment of expenses for bodily injury to users of golf carts. CG 70 78 EXCLUSION TOBACCO PRODUCTS Minor corrections were made with no impact to coverage. CG 71 59 DAMAGE TO YOUR PRODUCT AUTO SERVICE A. CLARIFICATIONS IN COVERAGE The title of the form has been modified to clarify that the endorsement only applies to Auto Service risks. COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT Replacing CG 72 29 with CG 72 1212 11 in New Hampshire only. Replacing CG72 12 with updated CG 72 12 12 11 edition in all other states. A. CLARIFICATIONS IN COVERAGE Clarification added regarding the application of the deductible. GL 2199 EXCLUSION SUBSIDENCE OF LAND Replacing GL 21 99 with CG 74 20 12 11. A. REDUCTIONS IN COVERAGE Definition has been modified to include artificial causes and the result of erosion contraction and settling. I Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 0f 2 IN 76 89 0413 | 2 |
Endorsements Page 1 of 1 Endorsement Text Information Endorsement Number IN7695Edition Date 0413 Version Number 00 IN7695 04 13 The endorsement text is viewable in the Policy Forms elLibrary. IN7695 04 13 httpsaac.alliedinsurance.comcentereLibraryEndorsementsEndorseDisplay.cfm 10222013 | 2 |
PN TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for INTERNATIONAL DALE CARNEGIE 4919 LAMAR AVE. MISSION KS 66202 Presented by LOCKTON COMPANIES LLC PN TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for INTERNATIONAL DALE CARNEGIE 4919 LAMAR AVE. MISSION KS 66202 Precented bv 1 OCKTON COMPANIES LI C PN TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for INTERNATIONAL DALE CARNEGIE 4919 LAMAR AVE. MISSION KS 66202 TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for INTERNATIONAL DALE CARNEGIE 4919 LAMAR AVE. MISSION KS 66202 | 2 |
A TRAVELERS.I One Tower Square Hartford Connecticut 06183 TRAVELERS CORP. TEL 1 800 328 2189 OFFICE COMMON POLICY DECLARATIONS ISSUE DATE 100518 POLICY NUMBER I660 4K876551 TIL18 INSURING COMPANY TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS INTERNATIONAL DALE CARNEGIE 4919 LAMAR AVE. MISSION KS 66202 2. POLICY PERIOD From 121518 to 121519 1201 A.M. Standard Time at your mailing address. 3. LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address SEE IL TO 03 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COMMERCIAL GENERAL LIABILITY COV PART DECLARATIONS CG TO 01 11 03 TIL. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY SEE IL T8 01 10 93 SUPPLEMENTAL POLICIES Each of the following is a separate policy containing its complete provisions Policy Policy No. Insuring Company DIRECT BILL 7. PREMIUM SUMMARY Provisional Premium 250 Due at Inception Due at Each NAME AND ADDRESS OF AGENT OR BROKER LOCKTON COMPANIES LLC XV714 444 W 47TH STREET SUITE 900 KANSAS CITY MO 64112 COUNTERSIGNED BY Authorized Representative DATE IL TO 02 11 89REV. 09 07 OFFICE ELMIRA NY SRV CTR PAGE 1 OF 1 | 2 |
PN TRAVELERS POLICY NUMBER I660 4K876551 TIL18 EFFECTIVE DATE 12 15 18 ISSUE DATE 10 05 18 LISTING OF FORMS ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 02 11 89 IL T8 01 10 93 IL TO 01 01 07 IL TO 03 04 96 COMMON POLICY DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS LOCATION SCHEDULE COMMERCIAL GENERAL LIABILITY ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce ce TO TO TO TO 00 D2 D4 DO DO D2 D4 D2 D2 D3 D3 D4 D6 D7 DO Dl D2 T4 01 T3 COML GENERAL LIABILITY COV PART DEC DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COV FORM AMENDMENT OF COVERAGE POLLUTION AMEND COVERAGE B PERS ADV INJURY OTHER INSURANCE ADDITIONAL INSUREDS HIRED AND NONOWNED AUTO EXCESS LIAB AMEND NON CUMULATION OF EACH OCC AMENDMENT OF COVERAGE COOLING POLLUTION AMENDMENT OF COVERAGE EMPLOYMENT RELATED PRACTICES EXCLUSION EXCLUSION UNSOLICITED COMMUNICATION MOBILE EQUIP REDEFINED EXCL OF VEHICLES AMEND CONTRAC LIAB EXCL EXC TO NAMED INS EXCL VIOLATION OF CONSUMER FIN PROT LAWS EXCL ACCESS OR DISCL OF CONF PERS INFO EXCLUSION LEAD EXCLUSION DISCRIMINATION EXCLUSION WAR EXCLUSION ASBESTOS KS AND OK CHANGES TRANSFER OF RIGHTS LIMIT WHEN TWO OR MORE POLICIES APPLY INTERLINE ENDORSEMENTS IL T3 IL T4 IL T4 IL 00 IL 02 68 12 14 21 61 01 03 01 09 09 15 15 15 08 07 FEDERAL TERRORISM RISK INS ACT DISCLOSE AMNDT COMMON POLICY COND PROHIBITED COVG CAP ON LOSSES CERTIFIED ACT OF TERRORISM NUCLEAR ENERGY LIAB EXCL END BROAD FORM KS CHANGES CANCELLATION NON RENEWAL PAGE ILT8 011093 | 2 |
COMMON POLICY CONDITIONS A. Cancellation 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or b. 30 days before the effective date of can cellation if we cancel for any other rea son. 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. If the policy is cancelled that date will become the end of the policy period. If a Coverage Part is cancelled that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can celled we will send the first Named Insured any premium refund due. If we cancel the re fund will be pro rata. If the first Named In sured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re fund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the 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 as part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time All Coverage Parts included in this policy are subject to the following conditions during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advi sory 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 rec ommendations we may make relative to certi fication under state or municipal statutes or dinances or regulations of boilers pressure vessels or elevators. Premiums 1. The first Named Insured shown in the Decla rations a. Is responsible for the payment of all pre miums and b. Will be the payee for any return premi ums we pay. 2. We compute all premiums for this policy in accordance with our rules rates rating plans premiums and minimum premiums. The pre mium shown in the Declarations was com puted based on rates and rules in effect at IL TO 01 01 07 Rev. 09 18 Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
the time the policy was issued. On each re newal continuation or anniversary of the ef fective date of this policy we will compute the premium in accordance with our rates and rules then in effect. 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 representative. Until your legal representative is appointed anyone having proper temporary cus tody of your property will have your rights and duties but only with respect to that property.. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below each a stock company has executed this policy and this policy is counter signed by the officers listed below The Travelers Indemnity Company IND The Phoenix Insurance Company PHX The Charter Oak Fire Insurance Company COF Travelers Property Casualty Company of America TIL The Travelers Indemnity Company of Connecticut TCT The Travelers Indemnity Company of America TIA Travelers Casualty Insurance Company of America ACJ President Loty C Secretary Page 2 of 2 Includes the copyrighted material of Insurance Services Office Inc. with its permission. IL TO 01 01 07 Rev. 09 18 | 2 |
LOCATION SCHEDULE POLICY NUMBER I660 4K876551 TIL18 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 12 15 18 to 12 15 19. Loc. Bldg. No. No. Address Occupancy 1 1 6405 METCALF AVE OFFICE SHAWNEE KS 66203 Occupancy OFFICE IL TO 03 04 96 Page 1 END | 2 |
GENERAL LIABILITY | 2 |
GENERAL LIABILITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. 1 660 4K876551 TIL18 COVERAGE PART DECLARATIONS ISSUE DATE 10 05 18 INSURING COMPANY TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA DECLARATIONS PERIOD From 12 15 18 to 12 15 19 1201 AM. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 1000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit any one premises 100000 Medical Expense Limit any one person 5000 LIMITS OF INSURANCE 2000000 w w ow on own 1000000 1000000 1000000 100000 5000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT CGT0011103 PRODUCER LOCKTON COMPANIES LLC Page 10of 1 OFFICE ELMIRA NY SRV CTR 700 XV714 | 2 |
DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER I660 4K876551 TIL18 This Schedule applies to the Declarations for the period of 12 15 18 to 12 15 19 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS PREM OPS 203 LOB 250 203 250 1 1 BUILDINGS OR PREMISES OFFICE PREMISES OCCUPIED BY EMPLOYEES OF THE INSURED OTHER THAN NOT FOR PROFIT PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT. 61224 PREM OPS A 2500 68.114 170 HIRED AND NONOWNED AUTO EXCESS LIABILITY 39097 PREM OPS 80 COVERAGE PART TOTAL 250 nan nan nan nan 2.0 nan nan nan nan 1.0 nan nan nan nan 80.0 This class is subject to the prem ops transition program. If an X is entered in this box these Declarations are completed on the Premium Schedule Extension CG T0 12. CG T0 07 09 87 PAGE 1 END | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. CG T0081103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 SECTION COVERAGES Coverage A Bodily Injury and Property Insuring Agreement... Damage Liability Exclusions. Coverage B Personal and Advertising Insuring Agreement... Injury Liability Exclusions. Coverage C Medical Payments Insuring Agreement... Exclusions... Supplementary Payments... SECTION IWHO IS AN INSURED SECTION lII LIMITS OF INSURANCE... SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS..... Bankruptcy Duties in the Event of Occurrence Claim or Sui Legal Action Against Us Other Insurance. Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us. When We Do Not Renew... SECTION V DEFINITIONS... Beginning on Page TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 SECTION I COVERAGES Beginning on Page Crvarane A TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 Coverage A Bodily Injury and Property Insuring Agreement... Damage Liability Exclusions... Coverage B Personal and Advertising Insuring Agreement... Injury Liability Exclusions... Coverage C Medical Payments Insuring Agreement... Exclusions Supplementary Payments... SECTION II WHO IS AN INSURED..... SECTION III LIMITS OF INSURANCE... SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS... Bankruptcy. Duties in the Event o Legal Action Against Us Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us. When We Do Not Renew...... SECTION V DEFINITIONS. Coverage C Medical Payments CGT0341103 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 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. 2 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 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive no tice of an occurrence or claim knew that the bodily injury or property dam age had occurred in whole or in part. If such a listed insured or authorized em ployee knew prior to the policy period that the bodily injury or property dam age occurred then any continuation change or resumption of such bodily in jury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have 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 resump tion of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have oc curred 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 occur rence or claim 1 Reports all or any part of the bodily in jury 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. CG 00011001 ISO Properties Inc. 2000 Page 1 of 16 | 0 |
COMMERCIAL GENERAL LIABILITY e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. 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 in sured. This exclusion does not apply to bod ily 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 ab sence 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 oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bod ily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages 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 relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing sell ing serving or furnishing alcoholic beverages. 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. 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 con duct of the insured s business or 2 The spouse child parent brother or sis ter of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion 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 from equip ment used to heat that building ii Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such Page 2 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY premises site or location has been added to your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire b At or from any premises site or loca c tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing 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 re sponsible or At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operat ing fluids which are needed to perform the normal electrical hy draulic 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 ex ception does not apply if the bodily injury or property dam age arises out of the intentional discharge dispersal or release of the fuels lubricants or other op erating fluids or if such fuels lu bricants or other operating fluids are brought on or to the prem ises site or location with the in tent that they be discharged dis persed or released as part of the operations being performed by such insured contractor or sub contractor ii Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory b or regulatory requirement that any in sured or others test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assess ing the effects of pollutants. CG 00011001 ISO Properties Inc. 2000 Page 3 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY However this paragraph does not apply to liability for damages because of prop erty damage that the insured would have in the absence of such request demand order or statutory or regulatory require ment or such claim or suit by or on be half of a governmental 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 watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property dam age involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage aris ing out of the operation of any of the equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly per formed onit. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 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. Page 4 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 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 prod ucts completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your prod uct 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 in adequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. 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 owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured 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 personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 2 b. This insurance applies to personal and ad vertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory dur ing the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CG 00011001 ISO Properties Inc. 2000 Page 5 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 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 begin ning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direc tion of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Fail ure 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 adver tisement. Infringement Of Copyright Patent Trade mark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan. Insureds In Media And Internet Type Busi nesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion. 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. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the in sured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. 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. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding Page 6 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY to or assessing the effects of pollut ants. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an acci dent 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay rea sonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. 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 prem ises you own or rent that the person nor mally occupies. d. Workers Compensation And Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. 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 be cause 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 inves tigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the in sured 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 CG 00011001 ISO Properties Inc. 2000 Page 7 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY interest based on that period of time after the offer. g. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of in surance. 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 liability 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 assumed by the insured in the same insured contract d. The allegations in the suit and the informa tion we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that in demnitee 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 investiga tion settlement or defense of the suit b Immediately send us copies of any demands notices summonses or le gal papers received in connection with the suit Notify any other insurer whose cov erage is available to the indemnitee and c d Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses in curred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstand ing the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary liti gation expenses as Supplementary Payments ends when a. We have used up the applicable limit of in surance in the payment of judgments or set tlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED If you are designated in the Declarations as a. An individual you and your spouse are insur eds 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 respect to the conduct of your business. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. 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 di rectors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Page 8 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 2. Each of the following is also an insured Your volunteer workers only while perform ing duties related to the conduct of your busi ness or your employees other than either your executive officers if you are an organi zation 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 em ployment by you or while performing duties related to the conduct of your business. How ever none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertis ing injury a To you to your partners or members if you are a partnership or joint ven ture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing du ties related to the conduct of your business or to your other volunteer workers while performing duties re lated to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay some one else who must pay damages be cause of the injury described in Para graphs 1a or b above or Avrising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical con trol is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability com pany. 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 represen tative will have all your rights and duties un der this Coverage Part. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your per mission. Any other person or organization re sponsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with re spect to a. Bodily injury to a coemployee of the per son driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an in sured under this provision. 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 avail able 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 pe riod 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. 0 CG 00011001 ISO Properties Inc. 2000 Page 9 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 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 Ill 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 dam ages 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 prop erty damage included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay un der Coverage A for damages because of prop erty 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 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sus tained 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 possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the occurrence or offense. 3 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 a110ht or Page 10 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 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 in sured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle ment means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. be low applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether pri mary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or d If the loss arises out of the 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. Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi tional insured by attachment of an en dorsement. 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 in surer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other in surers. When this insurance is excess over other in surance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other in surance would pay for the loss in the ab sence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contrib CG 00011001 ISO Properties Inc. 2000 Page 11 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY ute by limits. Under this method each in surer s share is based on the ratio of its appli cable limit of insurance to the total applicable limits of insurance of all insurers. 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 com pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premi ums is the date shown as the due date on the bill. If the sum of the advance and audit pre miums 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 compu tation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon represen tations you made to us and c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Oth ers 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. 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 suffi cient 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. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communica tion applcable his Cover rules and Vou aqgree Page 12 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Employee includes a leased worker. Em ployee 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. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a con tract or agreement if such property can be restored to use by a. The repair replacement adjustment or re moval of your product or your work or b. Your fulfiling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to in demnify 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 con tract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily in jury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or draw ings and specifications or Giving directions or instructions or failing to give them if that is the pri mary cause of the injury or damage or b 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 architectural or engineering activities. 3 10. Leased worker means a person leased to you 1. by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto b. While it is in or on an aircraft watercraft or c. While it is being moved from an aircraft wa tercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical R mporarily occupied the owner is not an et b CG 00011001 ISO Properties Inc. 2000 Page 13 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 12. device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent 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 equip ment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol lowing types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the 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 construc tion or resurfacing or c Street cleaning Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 2 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 13. 14. 15. 16. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or or ganization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy 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. 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. 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 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 owing ached other public r next main erma ggers quip llers or d. d are ity to e fol ators lilding jhting used 14. 15. 16 o o n o Page 14 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 17. 18. use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service mainte nance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused ma terials or Products or operations for which the clas sification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. Property damage means 3 a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 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 computer software including systems and appli cations software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electroni cally controlled equipment. 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 19. 20. 21. 22 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 consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materi als parts or equipment furnished in con nection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 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. vhich the clas rations or in a hat products subject to the erty including t property. All ed to occur at hat caused it ty that is not s of use shall of the occur ce electronic c data means red as or on d to or from ms and appli wiedat 1 A C a n Incluc 1 v a it p T w Does prope T CG 00011001 ISO Properties Inc. 2000 Page 15 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 ISO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Paragraph f.2 Pollution Part 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following 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 k b move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a gov ernmental authority because of testing for monitoring cleaning up removing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CGD2551103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS A. AMENDMENT OF DEFINITION OF PERSONAL AND ADVERTISING INJURY The following replaces the definition of personal and advertising injury in the DEFINITIONS Sec tion Personal and advertising injury means personal injury or advertising injury. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES BECAUSE OF PERSONAL INJURY ASSUMED BY NAMED INSURED IN AN INSURED CON TRACT 1. The following is added to Exclusion e. Con tractual Liability in Paragraph 2. of SEC TION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This exclusion also does not apply to liability for damages because of personal injury as sumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purpos es of liability assumed by you in an insured contract reasonable attorney fees and nec essary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that 1 Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and Such attorney fees and litigation expens es are for defense of that party against a civil or alternative dispute resolution pro ceeding in which damages to which this insurance applies are alleged. 2 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily In jury And Property Damage Liability or Para graph 2.e. of Section Coverage B Per sonal and Advertising Injury Liability such payments will not be deemed to be damages because of bodily injury property damage or personal injury and will not reduce the limits of insurance. 3. The following replaces the first paragraph of Paragraph f. of the definition of insured con tract in the DEFINITIONS Section f. That part of any other contract or agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or per sonal injury to a third party or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. ADDITION OF ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFOR MATION EXCLUSION The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Access Or Disclosure Of Confidential Or Per sonal Information Personal injury or advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal infor mation. CGD4710115 Page 1 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY D. AMENDMENT OF OTHER EXCLUSIONS 1. The following replaces Exclusion b. Material Published With Knowledge Of Falsity in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY b. Material Published With Knowledge Of Falsity Personal injury or advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsi ty. The following replaces Exclusion c. Material Published Prior To Policy Period in Para graph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY c. Material Published Or Used Prior To Policy Period 1 Personal injury or advertising inju ry arising out of oral or written publi cation including publication by elec tronic means of material whose first publication took place before the be ginning of the policy period or Advertising injury arising out of in fringement of copyright title or slo gan in your advertisement whose first infringement in your advertise ment was committed before the be ginning of the policy period. The following replaces Exclusion f. Breach Of Contract in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY f. Breach Of Contract Advertising injury arising out of a breach of contract. 2 The following replaces Exclusion g. Quality Or Performance of Goods Failure To Conform To Statements in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY g. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the fail ure of goods products or services to con form with any statement of quality or per formance made in your advertisement. 5. The following replaces Exclusion h. Wrong Description Of Prices in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY h. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your ad vertisement. 6. The following replaces Exclusion i. In fringement Of Copyright Patent Trade mark Or Trade Secret in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY i. Intellectual Property Personal injury or advertising injury arising out of any actual or alleged in fringement or violation of any of the fol lowing rights or laws or any other per sonal injury or advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or vio lation of another s copyright titie or slogan in your advertisement or 2 Any other personal injury or adver tising injury alleged in any claim or suit that also alleges any such in fringement or violation of another s copyright title or slogan in your advertisement. 7. The following replaces Exclusion j. Insureds In Media And Internet Type Businesses in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY npany. Al rights reserved. CGD4710115 vices Office Inc. with its permission. Page 2 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY j. Insureds In Media And Internet Type Businesses Personal injury or advertising injury arising out of an offense committed by an insured whose business is 1 Advertising broadcasting or pub lishing 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. This exclusion does not apply to Para graphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing correspond ence written in the conduct of your business bulletins financial or annu al reports or newsletters about your goods products or services will not be considered the business of pub lishing and 2 The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publish ing. 8. The following replaces Paragraph 2 of Ex clusion n. Pollution Related in Paragraph 2. of SECTION COVERAGES COVER AGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2 Claim or suit by or on behalf of a govern mental authority because of testing for monitoring cleaning up removing con taining treating detoxifying or neutraliz ing or in any way responding to or as sessing the effects of pollutants. E. AMENDMENT OF WHO IS AN INSURED The following replaces the introductory phrase of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED 1 Bodily injury or personal injury AMENDMENT OF LIMITS OF INSURANCE The following replaces Paragraph 4. of SECTION Ill LIMITS OF INSURANCE Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal injury and advertising injury sus tained by any one person or organization.. ADDITIONAL DEFINITIONS The following is added to the DEFINITIONS Sec tion Advertising injury a. Means injury other than personal injury caused by one or more of the following of fenses 1 Oral or written publication including pub lication by electronic means of material in your advertisement that slanders or li bels a person or organization or dispar ages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or ser vices disparaged 2 Oral or written publication including pub lication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or 3 Infringement of copyright title or slo gan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Broadcasting means transmitting any audio or visual material for any purpose a. By radio or television or b. In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instruc tional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. CGD4710115 Page 3 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY Personal injury Means injury other than advertising injury caused by one or more of the following of fenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private oc cupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or inva sion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises 4 Oral or written publication including pub lication by electronic means of material that slanders or libels a person or organi zation or disparages a person s or organ ization s goods products or services provided that the claim is made or the suit is brought by a person or organiza tion that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including pub lication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Slogan a. Means a phrase that others use for the pur pose of attracting attention in their advertis ing. b. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. Title means a name of a literary or artistic work. Page 4 of 4 CGD4710115 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS Section 1V Paragraph 4. Other Insurance is amended as follows 1. The following is added to Paragraph a. Primary Insurance However if you specifically agree in a written con tract or written agreement that the insurance pro vided to an additional insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insur ance is primary to other insurance that is avail able to such additional insured which covers such additional insured as a named insured and we will not share with that other insurance provided that a. The bodily injury or property damage for which coverage is sought occurs and b. The personal injury or advertising injury for which coverage is sought arises out of an of fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph 2 of Paragraph b. Ex cess Insurance regarding any other primary in surance available to you is deleted. The following is added to Paragraph b. Excess Insurance as an additional subparagraph under Subparagraph 1 That is available to the insured when the insured is added as an additional insured under any other policy including any umbrella or excess policy. GENERAL LIABILITY CONDITIONS aragraph 4. Other Insurance is ws CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies Inc. All rights reserved. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER I660 4K876551 TIL18 ISSUE DATE 10 05 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AND NONOWNED AUTO EXCESS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE COVERAGE ADDITIONAL PREMIUM Hired and Nonowned Auto Liability 80 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. PROVISIONS 1. You A. COVERAGE 2. Anyone else including any partner or execu If a premium charge is shown in the Schedule above the insurance provided under Section Coverage A Bodily Injury And Property Damage Liability applies to bodily injury and property damage arising out of the maintenance or use of a hired auto or nonowned auto. EXCLUSIONS With respect to the insurance provided by this endorsement 1. The exclusions under Section Coverage A Bodily Injury And Property Damage Liability other than exclusions a. b. d. e. f. and i. and the Nuclear Energy Liability Exclu sion Broad Form are deleted and replaced by the following a. Bodily injury to any fellow employee of the insured arising out of and in the course of the fellow employee s employ ment. b. Property damage to 1 Property owned or being transported by or rented or loaned to the insured or 2 Property in the care custody or con trol of the insured.. WHO IS AN INSURED Section Il Who Is An Insured is replaced by the following Each of the following is an insured under this insurance to the extent set forth below tive officer of yours while using with your permission a hired auto or a nonowned auto except a. The owner or lessee of whom you are a sublessee of a hired auto or the owner or lessee of a nonowned auto or any agent or employee of any such owner or lessee b. Your employee if the covered auto is owned by that employee or a member of his or her household c. Your employee if the covered auto is leased hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more d. Any partner or executive officer with re spect to any auto owned by such part ner or officer or a member of his or her household e. Any partner or executive officer with re spect to any auto leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more f. Any person while employed in or other wise engaged in duties in connection with an auto business other than an auto business you operate g. Anyone other than your employees partners a lessee or borrower or any of CG D0 86 11 03 Copyright The Travelers Indemnity Company 2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY their employees while moving property to or from a hired auto or a nonowned auto or 3. Any other person or organization but only with respect to their liability because of acts or omissions of an insured under 1. or 2. above. D. AMENDED DEFINITIONS The Definition of insured contract in Section V Definitions is amended by the addition of the fol lowing exceptions to paragraph f. Paragraph f. does not include that part of any contract or agreement 4 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 5 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a cov ered auto over a route or territory that per son or organization is authorized to serve by public authority. ADDITIONAL DEFINITIONS Section V Definitions is amended by the addition of the following definitions 1. Auto Business means the business or oc cupation of selling repairing servicing stor ing or parking autos. 2. Hired auto means any auto you lease hire rent or borrow. This does not include a. Any auto you lease hire or rent under a lease or rental agreement for a period of 180 days or more or b. Any auto you lease hire rent or borrow from any of your employees partners stockholders or members of their house holds. 3. Nonowned auto means any autos you do not own lease hire rent or borrow that are being used in the course and scope of your business at the time of an occurrence. This includes autos owned by your employees or partners or members of their households but only while being used in the course and scope of your business at the time of an oc currence. If you are a sole proprietor nonowned auto means any autos you do not own lease hire rent or borrow that are being used in the course and scope of your business or per sonal affairs at the time of an occurrence. CONDITIONS The insurance provided by this endorsement is excess over any of the other insurance whether primary excess contingent or on any other basis that applies to bodily injury or property dam age arising out of the maintenance or use of a hired auto or nonowned auto. Page 2 of 2 Copyright The Travelers Indemnity Company 2003 CG D0 86 11 03 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY and NON CUMULATION OF PERSONAL and ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Paragraph 5 of SECTION Ill LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such occur rence. 2. Paragraph 4 of SECTION Ill LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. CGD2031297 Copyright Travelers Indemnity Company 1997 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION COOLING DEHUMIDIFYING AND WATER HEATING EQUIPMENT EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces Paragraph 1ai of Exclusion f. Pollution in Paragraph 2. of SECTION COVER AGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or origi nating 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 CGD4130408 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE PROPERTY DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PROVISIONS The definition of property damage in SECTION V DEFINITIONS is deleted in its entirety and replaced by the following Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physi cally injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Property damage does not include loss of or dam age to electronic media and records. As used in this definition electronic media and records means a. Electronic data processing recording or storage media such as films tapes discs drums or cells b. Data stored on such media or c. Programming records for electronic data process ing or electronically controlled equipment. CG D256 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY 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 de motion evaluation reassignment disci pline defamation harassment humilia tion or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily in jury to that person at whom any of the em ployment related practices described in Para graphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal 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 de motion evaluation reassignment dist pline defamation harassment humilia tion or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the em ployment related practices described in Para graphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG D2881103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNSOLICITED COMMUNICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that re stricts or prohibits the sending transmitting or dis tributing of unsolicited communication. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Unsolicited Communication Personal injury or advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. The following is added to the DEFINITIONS Sec tion Unsolicited communication means any commu nication in any form that the recipient of such communication did not specifically request to re ceive. j exclusion is added to Paragraph 2. of SECTION COVERAGES A BODILY INJURY AND PROP GE LIABILITY Communication Page 1 of 1 CGD3261011 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT REDEFINED EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following replaces Paragraph 5 of Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 5 Bodily injury or property damage arising out of a The operation of machinery or equipment b that is attached to or part of a land vehi cle that would qualify as mobile equip ment under the definition of mobile equipment if such land vehicle were not subject to a compulsory or financial re sponsibility law or other motor vehicle i surance law where it is licensed or prin cipally 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. 2. The following replaces the definition of auto in the DEFINITIONS Section 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. The following is added as to the definition of mo bile equipment in the DEFINITIONS Section However mobile equipment does not in clude any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. Paragraph 3. of SECTION Il WHO IS AN IN SURED is deleted. replaces Paragraph 5 of Exclusion Auto Or Watercraft in Paragraph 2. COVERAGES COVERAGE A. JURY AND PROPERTY DAMAGE njury or property damage arising operation of machinery or equipment s attached to or part of a land vehi hat would qualify as mobile equip Page 1 of 1 CG D356 05 14 2014 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following replaces Paragraph 2 of Exclusion b. Contractual Liability in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Assumed by you in a contract or agreement that is an insured contract provided that the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract rea sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property dam age provided that a Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. 2. The following replaces the beginning of Para graph 2. and Paragraphs 2.a. b. c. d. and e. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION COVERAGES 2. If we defend you against a suit and your in demnitee is also named as a party to the suit we will have the right and duty to de fend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which you have assumed the liability of the indemnitee in a contract or agreement that is an insured con tract b. This insurance applies to such liability as sumed by you c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by you in the same in sured contract d. The allegations in the suit and the in formation we know about the occur rence or offense are such that we de termine that no conflict exists between your interests and the interests of the in demnitee e. You and the indemnitee ask us to con duct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend you and the indemnitee and The following replaces the last sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B of SEC TION COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. CG D4210708 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial protection law or any other bodily in jury or property damage alleged in any claim or suit that also alleges any such violation. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a con sumer financial protection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. The following is added to the DEFINITIONS Section Consumer financial identity information means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person s eligibil ity for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expi ration date or the balance of any credit debit bank or other financial account. b. Information bearing on a person s credit worthiness credit standing or credit capac ity. c. Social security number. d. Drivers license number. e. Birth date. Consumer financial protection law means a. The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transactions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or c. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribution or use of con sumer financial identity information. Page 1 of 1 CGD61810 11 2011 The Travelers Indemnity Company. All rights reserved. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. CGD7460115 Page 1 of 1 2015 The Travelers Indemnity Company. Allrights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY PROVISIONS 2. Any obligation to share damages losses costs This insurance does not apply to any injury damage payments or expenses with or repay someone loss cost payment or expense including but not else who must make payment because of such limited to defense and investigation of any kind aris injury or damage loss cost payment or ex ing out of resulting from caused by or contributed pense or to by the actual or alleged presence or actual al 3. Any request order or requirement to abate leged or threatened dispersal release ingestion in mitigate remediate contain remove or dispose halation or absorption of lead lead compounds or of lead lead compounds or materials or sub lead which is or was contained or incorporated into stances containing lead. any material or substance. This exclusion applies but is not limited to 1. Any supervision instructions recommendations warnings or advice given in connection with the above CG D0 76 06 93 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY is amended by ad ding the following additional exclusion This Insurance does not apply to Bodily injury resulting from or as a consequence of discrimination whether intentional or uninten tional based upon a person s sex sexual prefer ence marital status race creed religion na tional origin age physical capabilities character istics or condition or mental capabilities or con dition. COVERAGE B PERSONAL AND ADVERTIS ING INJURY LIABILITY is amended by adding the following additional exclusion This insurance does not apply to Personal injury resulting from or as a conse quence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities charac teristics or condition or mental capabilities or condition. CG D1420199 Copyright The Travelers Indemnity Company 1999 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION WAR This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion i. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to i. War Bodily injury or property damage aris ing directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or expected attack by any government sovereign or other authority using military per sonnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these 3 regardless of any other cause or event that contributes concurrently or in any se quence to the injury or damage. 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 War Personal injury or advertising injury aris ing directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by gov ernmental authority in hindering or de fending against any of these 3 regardless of any other cause or event that contributes concurrently or in any sequence to the injury. CG D2420102 Copyright The Travelers Indemnity Company 2002 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY This insurance does not apply to bodily injury a. Any supervision instructions recommendations property damage personal injury or advertising warnings or advice given or which should have injury arising out of the actual or alleged presence been given in connection with the above and or actual alleged or threatened dispersal of asbes b. Any obligation to share damages with or repay tos asbestos fibers or products containing asbestos provided that the injury or damage is caused or con tributed to by the hazardous properties of asbestos. This includes someone else who must pay damages because of such injury or damage. Copyright The Travelers Indemnity Company. CG T4 78 0290 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section 1V does not apply to COVERAGE C. MEDICAL PAYMENTS. CG 01091185 Copyright Insurance Services Office Inc. 1984 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION WHEN TWO OR MORE POLICIES APPLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Provisions 1. Injury damage or loss might be covered by this policy and also by other policies issued to you by us or any Travelers affiliate. When these other policies contain a provision similar to this one the amount we will pay is limited. The maximum that we will pay under all such policies combined is the highest limit that applies in any one of these policies. 2. This does not apply to any personal liability policy or to any Umbrella Excess or Protective Liability Policy. CGT3331103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
INTERLINE ENDORSEMENTS | 2 |
INTERLINE ENDORSEMENTS | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commercial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any 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 to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an indi vidual 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. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a per centage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. ILT3680115 2015 The Travelers Indemnity Company. Al rights reserved. Page 10of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 2 | 2 |
In no event however will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore if such In sured Losses occurring in a calendar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses the charge for such Insured Loss es is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA. 1 of each applicable Commercial Liability Coverage premium. Page 2 of 2 ILT3680115 2015 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi tions Prohibited Coverage Unlicensed Insurance 1. With respect to loss sustained by any insured or loss to any property located in a country or juris diction in which we are not licensed to provide this insurance this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdic tion. 2. We do not assume responsibility for a. The payment of any fine fee penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insur ance in such country or jurisdiction or b. The furnishing of certificates or other evi dence of insurance in any country or jurisdic tion in which we are not licensed to provide insurance. Prohibited Coverage Trade Or Economic Sanc tions We will provide coverage for any loss or otherwise will provide any benefit only to the extent that provid ing such coverage or benefit does not expose us or any of our affiliated or parent companies to 1. Any trade or economic sanction under any law or regulation of the United States of America or 2. Any other applicable trade or economic sanction prohibition or restriction. ILT4120315 Page 1 of 1 2014 The Travelers Indemnity Company. All rights reserved. | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.