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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 BOILER AND MACHINERY COVERAGE PART COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART 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 Coverage Part or Coverage Form included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended The following is added to this policy. This provision can limit coverage for any loss arising out of a certi fied act of terrorism if such loss is otherwise covered by this policy. This provision does not apply if and to the extent that coverage for the loss is excluded or limited by an exclusion or other coverage limitation for losses arising out of certified acts of terrorism in an other endorsement to this policy. If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our insurer deductible under TRIA we will 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. ILT4140115 2015 The Travelers Indemnity Company. All rights reserved. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism pursuant to TRIA. The criteria contained in TRIA 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 TRIA 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. TRIA means the federal Terrorism Risk Insurance Act of 2002 as amended. Page 10of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 10of 1 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 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 The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association 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 required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitied to indem nity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 2 C. Under any Liability Coverage to bodily in jury or property damage resulting from ISO Properties Inc. 2007 hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged 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 in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement 2 3 Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Page 1 of 2 IL 00 21 09 08 | 2 |
the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. 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 proc essed primarily for its source material content and b resulting from the operation by any per son or organization of any nuclear facility in cluded under the first two paragraphs of the defi nition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. a. We may cancel this policy by mailing or delivering to the first Named Insured writ ten notice of cancellation stating the rea sons for cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpay ment of premium. 2 30 days before the effective date of cancellation if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 This policy was issued because of material misrepresentation You or any other insured violated any of the material terms and conditions of this policy 3 4 Unfavorable underwriting factors specific to you exist that were not present at the inception of this policy 5 A determination by the insurance commissioner that continuation of coverage could place us in a hazard ous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. B. The following is added and supersedes any con dition 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. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. IL 02 61 09 07 ISO Properties Inc. 2006 Page 1 of 1 | 2 |
POLICYHOLDER NOTICES | 2 |
POLICYHOLDER NOTICES | 2 |
IMPORTANT NOTICE INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers please Vvisit www.travelers.com call our toll free telephone number 1 866 904 8348 or request a written copy from Marketing at One Tower Square 2GSA Hartford CT 06183. PN T4 54 01 08 Page 1 of 1 | 2 |
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FRAUD NOTICE Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. STATE SPECIFIC PROVISIONS Any person who knowingly presents a false or fraudulent claim for payment of aloss or benefit or knowingly presents false information in an application for insurance isguilty of a crime and may be subject to fines and confinement in prison. It is unlawful to knowingly provide false incomplete or misleading facts or information to aninsurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Anyinsurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purposeof defrauding or attempting to defraud the policyholder or claimant with regard to asettlement or award payable for insurance proceeds shall be reported to the ColoradoDivision of Insurance within the Department of Regulatory Agencies. Arkansas Colorado District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for thepurpose of defrauding the insurer or any other person. Penalties include imprisonmentand or fines. In addition an insurer may deny insurance benefits if false informationmaterially related to a claim was provided by the applicant. Any person who knowingly and with intent to injure defraud or deceive anyinsurer files a statement of claim or an application containing any false incomplete ormisleading information is guilty of a felony of the third degree. For your protection Hawaii law requires you to be informed that presenting a fraudulentclaim for payment of a loss or benefit is a crime punishable by fines or imprisonment orboth. Any person who knowingly and with the intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy or a claim for payment or other benefit pursuant to an insurance policy which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto is guilty of a crime and may be subject to fines and confinement in prison. Any person who knowingly and with intent to defraud any insurancecompany or other person files an application for insurance containing any materially falseinformation or conceals for the purpose of misleading information concerning any factmaterial thereto commits a fraudulent insurance act which is a crime. Any person who knowingly presents a false or fraudulent claim for payment of aloss or benefit or knowingly presents false information in an application for insurance isguilty of a crime and may be subject to fines and confinement in prison. Itis a crime to knowingly provide false incomplete or misleading information to aninsurance company for the purpose of defrauding the company. Penalties may includeimprisonment fines or denial of insurance benefits. Page 10f 3 Florida Hawaii Kansas Kentucky Louisiana Maine PNAP 001 0414 | 2 |
Maryland New Jersey New Mexico New York Ohio Oklahoma Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Any person who includes any false or misleadinginformation on an application for an insurance policy is subject to criminal and civilpenalties. Any person who knowingly presents a false or fraudulent claim for payment of a loss orbenefit or knowingly presents false information in an application for insurance is guilty of acrime and may be subject to civil fines and criminal penalties. All commercial insurance forms except as provided for automobile insurance Any person who knowingly and with intent to defraud any insurance company or otherperson files an application for insurance or statement of claim containing any materiallyfalse information or conceals for the purpose of misleading information concerning any factmaterial thereto commits a fraudulent insurance act which is a crime and shall also besubject to a civil penalty not to exceed five thousand dollars and the stated value of theclaim for each such violation. Automobile insurance forms Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto and any person who in connection with such application or claim knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation Fire Insurance Any person who knowingly and with intent to defraud any insurancecompany or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that theseapplications shall constitute a part of any policy issued whether attached or not and that anywillful concealment or misrepresentation of a material fact or circumstances shall begrounds to rescind the insurance policy. Any person who with intent to defraud or knowing that he is facilitating a fraud against aninsurer submits an application or files a claim containing a false or deceptive statement isguilty of insurance fraud. WARNING Any person who knowingly and with intent to injure defraud or deceive anyinsurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. New Jersey New Mexico New York Ohio Oklahoma Page 2 of 3 PNAP 001 0414 | 2 |
Oregon Pennsylvania Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents materially false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. In order for us to deny a claim on the basis of misstatements misrepresentations omissions or concealments on your part we must show that A. The misinformation is material to the content of the policy B. We relied upon the misinformation and C. The information was either 1. Material to the risk assumed by us or 2. Provided fraudulently. For remedies other than the denial of a claim misstatements misrepresentations omissions or concealments on your part must either be fraudulent or material to our interests. With regard to fire insurance in order to trigger the right to remedy material misrepresentations must be willful or intentional. Misstatements misrepresentations omissions or concealments on your part are not fraudulent unless they aremade with the intent to knowingly defraud. Any person who knowingly and with intent to defraud any insurance company orother person files an application for insurance or statement of claim containing anymaterially false information or conceals for the purpose of misleading informationconcerning any fact material thereto commits a fraudulent insurance act which is a crimeand subjects such person to criminal and civil penalties. Pennsylvania Puerto Rico Any person who knowingly and with the intention to defraud includes false information in an application for insurance or file assist or abet in the filing of a fraudulent claim to obtain payment of a loss or other benefit or files more than one claim for the same loss or damage commits a felony and if found guilty shall be punished for each violation with a fine of no less than five thousand dollars 5000 not to exceed ten thousand dollars 10000 or imprisoned for a fixed term of three 3 years or both. If aggravating circumstances exist the fixed jail term may be increased to a maximum of five 5 years and if mitigating circumstances are present the jail term may be reduced to a minimum of two 2 years. Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Itis a crime to knowingly provide false incomplete or misleading information toan insurance company for the purpose of defrauding the company. Penalties includeimprisonment fines and denial of insurance benefits. Itis a crime to knowingly provide false incomplete or misleading information to aninsurance company for the purpose of defrauding the company. Penalties includeimprisonment fines and denial of insurance benefits. It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Rhode Island Tennessee Virginia Washington West Virginia Page 3 of 3 PNAP 001 0414 | 2 |
PRIVACY POLICY Catlin insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with a high degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our U.S. based companies. For purposes of our Privacy Policy the term personal information includes all nonpublic information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Statement Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly our practice is to 1. Follow appropriate standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. Verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration risk management or claims handling and only with reputable references and clearinghouse services 3. Collect and use information about you and your business to advise you about and deliver to you excellent service and products and to administer our business 4. Train our employees to handle personal information about you or your business in a secure and confidential manner and maintain reasonable access controls. Not disclose personal information about you or your business to any organization outside the Catlin insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are permitted to do so by law 5. Not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 6. Attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 7. Audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek. We collect most of our information directly from you through our agents or broker. Depending on the nature of your insurance transaction we may need additional information from outside sources such as motor vehicle records loss information reports court records or other public records. In some instances we may send someone to inspect your property and verify information about its value and condition and a photo of the property may be taken PNAP 002 0112 Page 10f 3 Page 1 0of 3 | 2 |
Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. If coverage is declined or the charge for coverage is increased because of information contained in a consumer report we will tell you as required by law. We will also give you the name and address of the consumer reporting agency making the report. Retel n and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect electronic data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. PNAP 002 0112 Page 2 of 3 Page 2 of 3 | 2 |
Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker An independent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants An insurance support organization Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Lienholder mortgagee assignee lessor or other person shown on our records or our agent s as having a legal or beneficial interest in a policy of insurance. Parties acting in a fiduciary or representative capacity to you or parties administering transactions as requested or authorized by you. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. Page 3 of 3 PNAP 002 0112 | 2 |
U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Policyholder Notice provides information concerning the possible impact on your insurance coverage provided under your policy due to directives issued by OFAC. Please read this Policyholder Notice carefully. OFAC administers and enforces economic and trade sanctions based on US foreign policy and national security goals based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be found on the United States Treasury s web site httpwww.treas.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated US sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. PNAP 003 1208 Page 1 of 1 | 2 |
CLAIMS NOTICE Al claims must be reported to Catlin at Catlin Attn Claims Attn Claims P.O. Box 8049 Scottsdale AZ 85252 E Mail catlinclaims.atlantacatlin.com Phone 404 443 4910888 443 4910 Fax 404 443 4912 PNCL NO2 0811 Page 1 of 1 | 2 |
Policy Number GLH000601 0516 Previous Policy Number LA Tl IN NEW COMMERCIAL GENERAL LIABILITY DECLARATIONS INSURER UNDERWRITING OFFICE Catlin Specialty Insurance Company Suite 101 160 Greentree Drive Dover DE 19904 111 S. Wacker Dr Ste 4730 Chicago IL 60606 PRODUCER AmWINS Brokerage of lllinois LLC 10S. LaSalle Street Suite 2000 Chicago IL 60603 In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. ITEM ONE Named Insured The Gerson Company Mailing Address 1450 S Lone Eim Rd Olathe KS 66061 Policy Period From 05262015 To 05262016 At 1201 A.M. both dates at your mailing address shown above. Form Of Business Corporation Joint Venture Limited Liability Company Individual Partnership Other Organization including Corporation but not including a Partnership Joint Venture or Limited Liability Company z Occurrence CG 00 01 Claims Made CG 00 02 THIS POLICY IS ISSUED BY AN INSURER NOT AUTHORIZED TO DO BUSINESS IN KANSAS AND AS SUCH THE FORM FINANCIAL CONDITION AND RATES ARE NOT SUBJECT TO REVIEW BY THE COMMISSIONER OF INSURANCE AND THE INSURED IS NOT PROTECTED BY ANY GUARANTY FUND. CSGL 001 1 0714 Includes copyrighted material of Insurance Services Page 1 0f 2 Office Inc. with its permission | 2 |
ITEM TWO LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 1000000 Any one premises MEDICAL EXPENSE LIMIT N A Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 ITEM THREE RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES ITEM FOUR Estimated Premium 160000.00 Basis of Premium See Composite Rate Endt Terrorism Premium Certified Acts Rejected Rate if applicable See Composite Rate Endt Audit Fee 150.00 Policy Writing Minimum Premium 40000.00 Inspection Fee State Tax or Other Other Policy Fees if applicable TOTAL PREMIUM 160150.00 MIT Basis of Premium errorism Premium ertified Acts udit Fee ispection Fee ther Policy Fees OTAL PREMIUM w v e Policy Writing Minimum Premium 40000.00 State Tax or Other if applicable ITEM FIVE Forms and Endorsements Forming a Part of this Policy as of the Inception Date See Schedule of Forms and Endorsements THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. e D SEZ Countersigned 05262015 by g Date Authorized Representative CSGL 001 1 0714 Includes copyrighted material of Insurance Services Page 2 of 2 Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured The Gerson Company Policy Number Policy Period GLH900601 0516 From 05262015 To 05262016 Forms and Endorsements ABAPJO03 0515 XLCatlin Policy Cover Jacket CSGL001 1 0714 Commercial General Liability Declaration ABAP900 1008 Service of Suit ABAP401 1012 In Witness Endorsement CG0001 0413 Commercial General Liability Coverage Form Occurrence Version 1L0017 1198 Common Policy Conditions 1L0021 0908 Nuclear Energy Liability Exclusion Endorsement CSGL418 0313 Minimum Premium Endorsement CSMP631 1207 Exclusion Newly Acquired or Formed Organization CSMP437 0211 Notice Of Cancellation To Designated Entity CSMP446 0313 Notice Of Cancellation And Nonrenewal CAAP410 0610 Amendatory Endorsement Who is an Insured Broadened CSMP452 1113 Amended Bodily Injury Definition CG0435 1207 Employee Benefits Liability Coverage CG2034 0413 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG2165 1204 Total Pollution Exclusion with a Building Heating and Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception CAGL407 0613 Self Insured Retention Endorsement CSLS410GL 0511 Knowledge of Occurrence Occurrence Version CSGL419 0313 Who is An Insured Amended CAAP416 0612 Non Stacking Endorsement ABAP 302 1007 Page 1 of 2 nan nan nan nan 511.0 oral Liability Declaration sement eral Liability Coverage Form Occurrence Version onditions iability Exclusion Endorsement n Endorsement Acquired or Formed Organization ation To Designated Entity ation And Nonrenewal orsement Who is an Insured Broadened njury Definition s Liability Coverage Lessor Of Leased Equipment Automatic Status When Aareement With You ement currence Version | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured The Gerson Company Policy Number GLH900601 0516 Policy Period From 05262015 To 05262016 Forms and Endorsements CAAP423 0814 ABGL600 0212 ABGL605 0212 ABGL610 0212 CSMP417 0708 CG2404 0509 CG2504 0509 CG2001 0413 CG2015 0413 CG2026 0413 CG2106 0514 CG2135 1001 CG2147 1207 CG2167 1204 CG2173 0115 CG2196 0305 Composite Rate and Basis of Premium Asbestos Exclusion Lead Exclusion Cross Claims or Cross Suits Exclusions Unintentional Failure To Disclose Waiver of Transfer of Rights of Recovery Against Others To Us Designated Locations General Aggregate Limit Primary And Noncontributory Other Insurance Condition Additional Insured Vendors Additional Insured Designated Person Or Organization Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception Exclusion Coverage C Medical Payments Employment Related Practices Exclusion Fungi or Bacteria Exclusion Exclusion of Certified Acts of Terrorism Silica or Silica Related Dust Exclusion ABAP 302 1007 Page 2 of 3GL600 0212 3GL605 0212 3GL610 0212 SMP417 0708 52404 0509 52504 0509 52001 0413 52015 0413 52026 0413 52106 0514 52135 1001 52147 1207 52167 1204 32173 0115 52196 0305 Asbestos Exclusion Lead Exclusion Cross Claims or Cross Suits Exclusions Unintentional Failure To Disclose Waiver of Transfer of Rights of Recovery Against Others To Us Designated Locations General Aggregate Limit Primary And Noncontributory Other Insurance Condition Additional Insured Vendors Additional Insured Designated Person Or Organization Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception Exclusion Coverage C Medical Payments Employment Related Practices Exclusion Fungi or Bacteria Exclusion Exclusion of Certified Acts of Terrorism Silica or Silica Related Dust Exclusion | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT The following service of suit provision is added and replaces any other Service of Suit provision contained elsewhere in this policy The Superintendent Commissioner or Director of Insurance of the State is hereby designated the true and lawful attorney of the Company upon whom may be served all lawful process in any action suit or proceeding arising out of this policy. The Company further designates Steve Adams Legal Counsel 3340 Peachtree Road N.E. Suite 2950 Atlanta GA 30326 as its agent to whom such process shall be forwarded by the Director of Insurance. For lllinois exposures the Insurer further designates the Director of the lllinois Division of Insurance and his successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of an lllinois exposure and this contract of insurance. All other terms conditions and exclusions remain unchanged. Page 1 of 1 ABAP 900 1008 | 2 |
IN WITNESS ENDORSEMENT CATLIN SPECIALTY INSURANCE COMPANY ADMINISTRATIVE OFFICE STATUTORY HOME OFFICE 3340 Peachtree Road N.E. Tower Place 100 Suite 2950 Atlanta GA 30326 160 Greentree Drive Suite 101 Dover Delaware 19904 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. Ao I Afdrew McMellin President T Steven C. Adams Secretary ABAP 4011012 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 1 0f 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. iii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 2 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 6. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. o b c So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 2 3 4 CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 2 3 a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and rec ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00 17 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 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 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa 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 tion Mutual Atomic Energy Liability 2 The nuclear material is contained in Underwriters Nuclear Insurance Associa spent fuel or waste at any time pos tion of Canada or any of their successors sessed handled used processed stored or would be an insured under any such pol transported or disposed of by or on behalf icy but for its termination upon exhaustion of an insured or of its limit of liability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured 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 of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. expenses incurred with respect to bodily in Nuclear material means source material spe jury resulting from the hazardous properties cial nuclear material or by product material. of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MINIMUM PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Paragraph 5. Premium Audit of Section IV CONDITIONS is replaced by the following 5. Premium Calculation and Minimum Premium a. The premium stated in the Declarations is based on the exposures you told us you would have when this policy began and will be the minimum premium for the policy period shown in the Declarations. b. Unless Flat Charge is shown under Basis of Premium in the Declarations we will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance if any. c. If this policy is cancelled by you and the calculated earned premium is less than the policy writing minimum stated in the Declarations the policy writing minimum premium shall apply. d. You must keep records of the information we need for premium calculation and send us copies of such records upon expiration of this policy or at such times as we may request. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 CSGL 418 0313 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NEWLY ACQUIRED OR FORMED ORGANIZATION EXCLUSION Paragraph 3. of SECTION Il WHO IS AN INSURED is deleted in its entirety. All other terms conditions and exclusions remain unchanged. Page 1 of 1 CSMP 631 1207 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION TO DESIGNATED ENTITY SCHEDULE Name and Address of Designated Entity As per written contract or written agreement. 1. If we cancel this policy we will give written notice to the Designated Entity shown in the Schedule at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 2. The notice of cancellation will state the effective date of cancellation and may be delivered or sent by any means of our choosing. 3. The notice of cancellation is solely for the purpose of informing the Designated Entity of the effective date of cancellation and does not grant alter or extend any rights or obligations under this policy. 4. Failure to give notice in accordance with the terms of this endorsement does not a. Alter the effective date of cancellation b. Render such cancellation ineffective c. Grant alter or extend any rights or obligations under this policy or d. Extend the insurance beyond the effective date of cancellation All other terms conditions and exclusions remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company s per written contract or written agreement. Authorized Signature Includes copyrighted material of Insurance Services Office Inc. with its Page 1 of 1 permission CSMP 437 0211 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION AND NONRENEWAL A. The Cancellation Common Policy Condition is replaced by the following 1. 6. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason.. 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 effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient proof of notice.. The following Condition is added and supersedes any other provision to the contrary Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured s last mailing address known to us written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing shall be sufficient proof of notice. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission CSMP 446 0313 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDATORY ENDORSEMENT WHO IS AN INSURED BROADENED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERICAL EXCESS LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 1. of SECTION Il WHO IS AN INSURED is replaced by the following 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Your subsidiaries are also insureds provided you declared them to us in your application for this insurance prior to the inception date of this policy. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. The following is added to the DEFINITIONS Section Subsidiary means a corporation in which you own more than 50 of the voting stock. All other terms conditions and exclusions remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Includes copyrighted material of Insurance Services Office Inc. with its Page 1 of 1 permission CAAP 410 0610 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDED BODILY INJURY DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM EXCESS GENERAL LIABILITY COVERAGE FORM EXCESS PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM EXCESS AUTO COVERAGE FORM EXCESS AUTO AND GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM EXCESS LIQUOR LIABILITY COVERAGE FORM EDUCATIONAL INSTITUTION EXCESS LIABILITY COVERAGE FORM EDUCATORS LEGAL LIABILITY COVERAGE PART PUBLIC ENTITY EXCESS LIABILITY COVERAGE FORM PUBLIC OFFICIALS EXCESS LIABILITY COVERAGE PART The definition of bodily injury in the DEFINITIONS section is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 CSMP 452 1113 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 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 SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 each employee 1000 included rograms 1000000 aggregate Retroactive Date 05212013 Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. 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 ISO Properties Inc. 2006 Page 1 0of 6 | 2 |
2 When we make settlement in accor dance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period 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.. Exclusions This insurance does not apply to 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. f. 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. CG 04351207 ISO Properties Inc. 2006 Page 2 of 6 | 2 |
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 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. b. 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. 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. b. 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. c. 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. 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 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 error 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 CG 04351207 ISO Properties Inc. 2006 Page 3 of 6 | 2 |
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.. 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. CG 04351207 ISO Properties Inc. 2006 Page 4 of 6 | 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. 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 limit 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 D ions 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. Handling 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 ISO Properties Inc. 2006 Page 5 of 6 | 2 |
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 maternity 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 Def tions Section are replaced by the following 5. 18. 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. 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. CG 04351207 ISO Properties Inc. 2006 Page 6 of 6 | 2 |
COMMERCIAL GENERAL LIABILITY CG 20340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY COVERAGE PART. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. This endorsement modifies insurance provided under the following A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires.. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement you have entered into with the additional insured or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20340413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21651204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. This exclusion does not apply to a Bodily injury if sustained within a building which is or was at any time owned or occu pied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s oc cupants or their guests or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any insured or others for the handling stor age disposal processing or treatment of waste or b ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or b regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or b regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CG 21651204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SELF INSURED RETENTION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM You have elected to self insure the first dollar of loss and as indicated in Section Il of this endorsement the Allocated Loss Adjustment Expenses to which this policy applies. As a result of your election this policy is subject to the below additional provisions. In the event that any portion of this endorsement conflicts with any portion of the rest of the policy this endorsement shall take precedence and shall control until the Self Insured Retention is exhausted. If any provisions of this endorsement shall be held to be invalid illegal unenforceable or in conflict with the law of any jurisdiction the validity legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. I LIMITS OF INSURANCE The LIMITS OF INSURANCE as set forth in the Declarations shall apply excess of a Self Insured Retention hereafter referred to as the Retained Limit in the amount of 25000.00 each occurrence or offense and N A in the aggregate And you along with any entityies designated in Section X. of this endorsement agree to assume the Retained Limit. The Retained Limit or any part of it shall not be insured without our prior written approval. Insuring the Retained Limit or any part of it without our prior written approval does not discharge you or any of the designated entities in Section X. of this endorsement of your joint and several responsibility for the Retained Limit. Subject to the terms of this endorsement the Retained Limit shall only be exhausted by your payment of claims or suits arising from occurrences offenses claims or suits for which coverage is afforded by the policy andor by any associated Allocated Loss Adjustment Expenses if i. is the election in Section II. A. of this endorsement. The Retained Limit aggregate if applicable is the maximum Retained Limit regardless of the number of occurrences offenses claims or suits during the policy period.. SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted in its entirety and replaced with the following ALLOCATED LOSS ADJUSTMENT EXPENSES Coverages A and B You are responsible for Allocated Loss Adjustment Expenses according to your election as indicated by an X below. If no election is indicated election i. shall apply CAGL 407 0613 Page 1 of 6 | 2 |
X i. All Allocated Loss Adjustment Expenses up to the Retained Limit. However the most you or any of the designated entities in Section X. of this endorsement are responsible to pay for claims or suits arising from occurrences offenses claims or suits for which coverage is afforded by the policy and for any associated Allocated Loss Adjustments Expenses combined shall not exceed the Retained Limit. ii. All Allocated Loss Adjustment Expenses. The Retained Limit is not reduced by Allocated Loss Adjustment Expenses. Your duty to pay for Allocated Loss Adjustment Expenses applies separately to each occurrence for Bodily Injury or Property Damage or each offense for Personal and Advertising Injury. B. AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B is reinstated to its original form as if it were never deleted or replaced. As used in this endorsement and for purposes of this endorsement only Allocated Loss Adjustment Expenses means all fees for service of process and court costs and court expenses pre and post judgment interest attorneys fees cost of investigative services costs of employing experts costs for legal transcripts copies of any public records costs of depositions and court reported or recorded statements costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settlement or defense of a covered loss or a claim or suit against you or for the protection of your subrogation rights. Allocated Loss Adjustment Expenses shall not include payment of TPA services required by Section VIII of this endorsement nor your or our general overhead nor the salary and employee benefits of any of your or our employees nor the fees of any attorney who is your or our employee or under your or our permanent retainer nor the fees of any attorney who is your or our counsel while that attorney is acting to provide counsel to you or to us about your or our obligations if any under any policy issued by us or our affiliated companyies with respect to a claim or suit against you. Paragraph 1 a. Insuring Agreement of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY A UNTIL THE RETAINED LIMIT IS EXHAUSTED Paragraph 1 a. Insuring Agreement of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY are deleted and replaced by the following Until such time as the Retained Limit is exhausted the duty to investigate any occurrence offense claim or suit or to defend any suit is yours. You have a duty of good faith regarding the defense andor any settlement within the Retained Limit. We do not have the duty to investigate any occurrence offense claim or suit nor to defend any suit nor to participate in any settlement unless and until the Retained Limit is exhausted with respect to that occurrence offense claim or suit. However we have the right and may at our discretion and expense participate with you in the investigation of any occurrence offense claim or suit and to participate with you in the defense of any suit. We also have the right and at our discretion may take such steps as we deem necessary to prevent mitigate or minimize a loss including but not limited to pursuing your contractual rights and remedies or negotiating a settlement on your behalf which is subject to Section VIII. A. of this endorsement. CAGL 407 0613 Page 2 of 6 | 2 |
AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 1 a. Insuring Agreement of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is reinstated to its original form as if it were never deleted or replaced. Paragraph 1. Bankruptcy of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted Paragraph 1. Bankruptcy of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced with the following Insolvency Your bankruptcy insolvency inability to pay failure to pay or refusal to pay the Retained Limit will not relieve us of our obligations under this endorsement nor will it increase our obligations under this endorsement. Further you acknowledge that prior to your bankruptcy insolvency inability to pay or your failure or refusal to pay you have received a reduction in your premium due to your election of the Retained Limit and that in consideration of this reduced premium that you have consented to the conditions in Section VIII A of this endorsement regarding settlement within the Retained Limit or including any portion of the Retained Limit. You will have a continued obligation under all portions of your Commercial General Liability policy not altered by this endorsement as well as all obligations included in this endorsement. We will also have a continued obligation under all portions of your Commercial General Liability policy not altered by this endorsement as well as all obligations included in this endorsement. Regardless of your bankruptcy insolvency inability to pay failure to pay or refusal to pay you will continue to be responsible for the full amount of the Retained Limit before the Limits of Insurance under the policy apply. Under no circumstances will we be required to pay the Retained Limit or any portion thereof. AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 1. Bankruptcy of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is reinstated to its original form as if it were never deleted or replaced. Paragraphs 2 a. and 2 b. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted Paragraphs 2 a. and 2 b. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are deleted in their entirety and replaced with the following 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 of any claim which regardless of liability has the potential to exceed the Retained Limit You or any other insured must see to it that we receive written notice of the claim or suit as soon as practicable. VI CAGL 407 0613 Page 3 of 6 | 2 |
AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraphs 2 a. and 2 b. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are reinstated to their original form as if they were never deleted or replaced. VII. Paragraph 2 c. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted Paragraph 2 c. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced with the following You and any other involved insured must 1. Immediately notify us in writing of any loss which involves serious bodily injury including but not limited to death third degree burns spinal cord injury with paralysis amputation brain damage loss of eyesight or hearing permanent disability or any claim for bodily injury or property damage which regardless of liability is likely to exceed 50 of the Retained Limit or for which you have established a reserve including Indemnity and Allocated Loss Adjustment Expense at or more than 50 of the Retained Limit Immediately send us copies of any demands notices summonses or legal papers received in connection to any claim or suit which regardless of liability has the potential to exceed the Retained Limit Immediately provide us with written notice of all scheduled trial dates regardless of whether there is a recognized potential for the suit to exceed the retained limit Authorize us to obtain records and other information that we at our sole discretion require of you defense counsel or others Cooperate with us when we exercise our right in the investigation of an occurrence or offense in the settlement of a claim and in the defense of a suit Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you or any other insured because of injury or damage to which this insurance or the Retained Limit may apply Immediately upon retention of defense counsel to represent the interest of you or any other insured with respect to the Retained Limit you must provide us with the name and contact information of defense counsel. Further upon our request you must provide or authorize defense counsel to provide us with defense counsel s budget of anticipated litigation expenses through trial Immediately notify us in writing of any claim or suit which alleges Punitive Damages and On a quarterly basis provide us with a written summary loss run of all occurrences offenses claims or suits which have or may result in payments within the Retained Limit. This written summary must show a. The date of the occurrences offenses claims or suits and b. The names of the injured persons or identification of the damaged property and c. A description of the injury or damage and d. The amount paid or reserved including Allocated Loss Adjustment Expense resulting from the occurrence offenses claim or suit. CAGL 407 0613 Page 4 of 6 | 2 |
Vil AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 2 c. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is reinstated to its original form as if it were never deleted or replaced. Paragraph 2 d. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted Paragraph 2 d. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced with the following You acknowledge that you have received a reduction in your premium due to your election of the Retained Limit. In consideration of this reduced premium you consent to the below conditions regarding settlement within the Retained Limit or including any portion of the Retained Limit 1. In no event shall you agree except at your own cost to a settlement in excess of the Retained Limit without our prior written approval. 2. A signed release of your and our liability or our prior written approval must be obtained prior to any payment or sum of payments equal to the Retained Limit. 3. There will be no reduction of the Retained Limit through the payment of claims or suits arising out of occurrences offenses claims or suits for which coverage is not afforded by the policy. 4. We have the right to negotiate the terms of a good faith settlement on your behalf or on behalf of any other insured with a claimant or plaintiff and to recommend that settlement to you. We also have the right to recommend that you accept an offer or demand to settle which is made upon you or any other insured by a claimant or plaintiff. You do not have to accept our recommendation however if you do not accept our recommendation our liability for the claim or suit shall be limited to and shall not exceed the amount of our recommended settiement. This means a. Regardless of your election in Section Il A of this endorsement for any claim or suit where you do not accept our recommended settlement Section Il A. ii. All Allocated Loss Adjustment Expenses will apply from the date of our recommended settlement until final resolution of the claim or suit. b. Our liability for the claim or suit will be limited to and shall not exceed the amount of our recommended settliement minus the remaining portion of your Retained Limit as calculated on the date of our recommended settlement. AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 2 d. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is reinstated to its original form as if it were never deleted or replaced. The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS It is required that there be a written service agreement paid for by you and without reimbursement from us between you and the Third Party Administrator herein after referred to as TPA named below. The service agreement shall require that all claims or suits shall be administered by the TPA in compliance with this endorsement. TPA VeriClaim Address 7311 W 130th Suite 100 Overland Park KS 66213 CAGL 407 0613 Page 5 of 6 Page 5 of 6 | 2 |
You may not cancel amend or suspend the above service agreement with the above named TPA without first obtaining our written consent. The below entityies are joint and severally responsible along with the first named insureds for the Retained Limit. I WE HAVE READ THIS SELF INSURED RETENTION ENDORSEMENT ACKNOWLEDGE AND CONSENT TO THE EFFECTIVE DATE OF THIS ENDORSEMENT AND FULLY UNDERSTAND ITS TERMS. WE FURTHER UNDERSTAND THAT WE HAVE JOINTLY AND SEVERALLY ASSUMED FINANCIAL RESPONSIBILITY FOR THE RETAINED LIMIT BY SIGNING THIS ENDORSEMENT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Authorized Representative Signature Designated Entity 1 Title Designated Entity 2 Authorized Representative Signature Title Authorized Representative Signature Designated Entity 3 Title XL All other terms exclusions and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature CAGL 407 0613 Page 6 of 6 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION Condition 2. of Section IV is replaced by the following 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. For the purposes of Paragraphs a. and b. above knowledge of an occurrence offense claim or suit by your agent servant or employee shall not in itself constitute knowledge by you. Knowledge of an occurrence offense claim or suit by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim will be considered knowledge by you. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. Page 1 of 2 CSLS 410GL 0511 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
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. All other terms conditions and exclusions remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Insured Premium Endorsement No. Insurance Company Authorized Signature CSLS 410GL 0511 Includes copyrighted material of Insurance Services Office Inc. with its Page 2 of 2 permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WHO IS AN INSURED AMENDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS GENERAL LIABILITY COVERAGE FORM Paragraph 2. of Section Il Who Is An Insured is replaced by the following 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company 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 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. Page 1 of 2 CSGL 419 0313 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 2 of 2 CSGL 419 0313 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON STACKING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM If any occurrence or offense covered under this policy is also covered in whole or part under any other commercial general liability policy issued to you or any of your related or affiliated companies or entities with common ownership by us or any of our related or affiliated companies including but not limited to prior policies issued to you or any of your related or affiliated companies or entities with common ownership by us or any related or affiliated companies the most we will pay under all such policies which cover the occurrence or offense is the amount shown on the declarations page of this policy. This provision does not apply to policies written by us or any of our related or affiliated companies as insurance that applies excess of this policy. All other terms conditions and exclusions remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 CAAP 416 0612 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMPOSITE RATE AND BASIS OF PREMIUM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE PREMIUM BASIS DESCRIPTION OF PREMIUM BASIS RATE ADVANCE PREMIUM 103850000 Per 1000 Sales 1.54 160000.00 Information required to complete this Schedule if not shown above will be shown in the Declarations. The advance premium is determined by the premium basis and rate shown in the Schedule. Earned premium will be determined at the close of each audit period in accordance with the Premium Audit Condition. The definitions of the bases of premium are as follows A. Hard Costs 1. The total cost of all work let or sublet in connection with each specific project including the cost of all labor materials and equipment furnished used or delivered for use in the execution of the work. 2. Hard Costs include a. General Conditions b. Contingency and c. Contractors Overhead and Profit The rates apply per 1000 of Hard Costs. B. Sales 1. The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for All goods or products sold or distributed Operations performed during the policy period Rentals and Dues or fees. coow Sales includes a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and f. Repossession of items sold on installments amount actually collected. Sales does not include a. Sales or excise taxes which are collected and submitted to a governmental division b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods c. Finance charges for items sold on installments d. Freight charges on sales if freight is charged as a separate item on customers invoice e. Royalty income from patent rights or copyrights which are not product sales and Sales includes a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and Repossession of items sold on installments amount actually collected. Sales does not include a. Sales or excise taxes which are collected and submitted to a governmental division b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods c. Finance charges for items sold on installments d. Freight charges on sales if freight is charged as a separate item on customers invoice e. Royalty income from patent rights or copyrights which are not product sales and Costs include General Conditions Contingency and Contractors Overhead and Profit s apply per 1000 of Hard Costs. Page 1 of 0 CAAP 423 0814 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
f. Rental receipts for products liability coverage only. The rates apply per 1000 of Sales. Admissions The total number of persons other than employees of the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per 1000 admissions. Area The total number of square feet of floor space at the insured premises computed as follows 1. For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following a. Courts and mezzanine types of floor openings. b. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 2. For tenants determine the area they occupy in the same manner as for entire buildings. The rates apply per 1000 square feet of area.. Total Cost The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work however do not include the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and 2. Allfees bonuses or commissions made paid or due. The rates apply per 1000 of Total Cost. Units A single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. G. Payroll 1. Payroll means remuneration including money or substitutes for money. 2. Payroll includes the following items a. Commissions b. Bonuses c. Extra pay for overtime work computed in accordance with the manuals in use by us d. Pay for holidays vacations or periods of sickness e. Payment by an employer of amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as the Federal Social Security Act f. Payment to employees on any basis other than time worked such as piecework profit sharing or incentive plans g. Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured h. The rental value of an apartment or a house provided for an employee based on comparable accommodations i. The value of lodging other than an apartment or house received by employees as part of their pay to the extent shown in the insured s records j The value of meals received by employees as part of their pay to the extent shown in the insured s records k. The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay I. The payroll of mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment m. The payroll of executive officers of a corporation and individual insureds and co partners. For the purposes of payroll determination managers of limited liability companies shall be considered executive officers and members of limited liability companies shall be considered co partners The executive officers of a corporation are those persons holding any of the officer positions created by the named insured s charter constitution or by laws or any other similar governing document. per 1000 of Sales. s apply per 1000 admissions. al number of square feet of floor space at the premises computed as follows s and mezzanine types of floor ly per 1000 square feet of area. s apply per 1000 of Total Cost. Page 2 of 0 CAAP 423 0814 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
The payroll of all executive officers of a corporation and individual insureds or co partners engaged principally in clerical operations or as salespersons and officers and co partners who are inactive for the entire policy period shall not be included for premium purposes. The payroll of leased workers furnished to the named insured by a labor leasing firm. Premium on such payroll shall be based on the classifications and rates which would have applied if the leased workers had been the direct employees of the named insured. If payroll is unavailable use 100 of the total cost of the contract for leased workers as the payroll of leased workers. The premium shall be charged on that amount as payroll If investigation of a specific employee leasing contract discloses that a definite amount of the contract price represents payroll such amount shall be considered payroll for premium computation purposes. Fees paid to employment agencies for temporary personnel provided to the insured. Payroll does not include Tips and other gratuities received by employees Payments by an employer to group insurance or group pension plans for employees other than payments covered by Paragraph E.2.e. The value of special rewards for individual invention or discovery Dismissal or severance payments except for time worked or accrued vacation e. The payroll of clerical office employees Clerical office employees are those employees who work in an area which is physically separated by walls floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured s books or records or conducting correspondence including any other employees engaged in clerical work in the same area. f. The payroll of salespersons collectors or messengers who work principally away from the insured s premises. Salespersons collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold. 9. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles h. The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connection with aircraft in either capacity and i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The rates apply per 1000 of payroll. e. The payroll of clerical office employees Clerical office employees are those employees who work in an area which is physically separated by walls floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured s books or records or conducting correspondence including any other employees engaged in clerical work in the same area. f. The payroll of salespersons collectors or messengers who work principally away from the insured s premises. Salespersons collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold. 9. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles h. The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connection with aircraft in either capacity and i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The rates apply per 1000 of payroll. received by All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 3 of 0 CAAP 423 0814 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ASBESTOS EXCLUSION This insurance does not apply to 1. Any injury damage or liability however caused arising out of or in any way related to a. The mining manufacturing handling use sale or distribution of asbestos b. Any actual alleged threatened or suspected contact with exposure to or presence of asbestos or c. Any advice warnings instructions or recommendations given or which should have been given in connection with asbestos. 2. Any loss cost or expense arising in whole or in part 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 asbestos by any insured or by any other person or entity. Asbestos means any type or form of asbestos asbestos fibers asbestos products or asbestos materials including any products goods or material containing asbestos or asbestos fibers products or materials or any gasses vapors scents or by products produced or released by asbestos. This exclusion is intended to be in addition to any Pollution Exclusion in the policy and also applies to liability assumed by any insured under any indemnity obligation. Furthermore regardless of what other allegations or claims may be made there is no obligation under the policy for the Company to provide defense to any insured for any claim or suit alleging damages arising out of or in any way related to asbestos. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Insured Premium Endorsement No. Insurance Company Authorized Signature Page 1 of 1 ABGL 600 0212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LEAD EXCLUSION This insurance does not apply to 1. Any injury damage or liability however caused arising out of or in any way related to a. The mining manufacturing handling use sale or distribution of lead b. Any actual alleged threatened or suspected contact with exposure to or presence of lead c. Any paint containing lead or d. Any advice warnings instructions or recommendations given or which should have been given in connection with lead 2. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing disposing of or in any way responding to or assessing the effects of lead by any insured or by any other person or entity. This exclusion also applies to liability assumed by any insured under any indemnity obligation. Furthermore regardless of what other allegations or claims may be made there is no obligation under the policy for the Company to provide defense to any insured for any claim or suit alleging damages arising out of or in any way related to lead. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 ABGL 605 0212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CROSS CLAIMS OR CROSS SUITS EXCLUSION This insurance does not apply to any claim demand suit legal action or legal proceeding seeking damages or other relief that is brought by or on behalf of any Named Insured under this policy against any other Named Insured under this policy. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 ABGL 610 0212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY UNINTENTIONAL FAILURE TO DISCLOSE If you fail to disclose to us all of a. Your work b. Your product or c. The premises owned or used by you which exist at the inception date of this policy this will not prejudice your rights with respect to the insurance provided by this policy provided such failure or omission was unintentional. However you must report such omission to us as soon as practicable after its discovery. We reserve the right to recalculate the policy premium based on the corrected exposures and you agree to pay any additional premium that may result. All other terms conditions and exclusions remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 CSMP 417 0708 | 2 |
COMMERCIAL GENERAL LIABILITY CG 24 0405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization As per written contract or written agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations Per Location Aggregate of 2000000 subject to an overall General Aggregate of 5000000. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or suits brought or obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated loca tion shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca tion General Aggregate Limit for that desig nated location. Such payments shall not re duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre gate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Decla rations such limits will be subject to the appli cable Designated Location General Aggre gate Limit. 2000000 subject to an overall General Aggregate of 5000000. CG 25 04 05 09 Insurance Services Office Inc. 2008 Page 1 0of 2 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attrib uted only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Desig nated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is pro vided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Ag gregate Limit and not reduce the General Ag gregate Limit nor the Designated Location Gen eral Aggregate Limit. D. For the purposes of this endorsement the Defi nitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Il Limits Of Insur ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2504 05 09 | 2 |
COMMERCIAL GENERAL LIABILITY CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and CG 20010413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 COMMERCIAL GENERAL LIABILITY CG20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products As per written contract or written agreement. As per written contract or written agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container per written contract or written agreement. per written contract or written agreement. CG20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the wusual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG 20150413 | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations As per written contract or written agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. s per written contract or written agreement. CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21060514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 COMMERCIAL GENERAL LIABILITY CG 21351001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification All Locations If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any premises or classification shown 2. The following is added to Section Supple in the Schedule mentary Payments 1. Section Coverage C Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it aid administered to others at the time of an in the Coverage Part apply and accident for bodily injury to which this in surance applies. All Locations 2. The following is added to Section Supple mentary Payments h. Expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which this in surance applies. CG 21351001 ISO Properties Inc. 2000 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 | 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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened 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 concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. Exclusions of Section Coverage B Personal 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 threatened 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 concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Page 1 of 1 o CG 21671204 ISO Properties Inc. 2003 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21730115 Insurance Services Office Inc. 2014 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. C. The following definitions are added to the Defl ions Section. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. Page 1 of 1 o CG 21 96 03 05 ISO Properties Inc. 2004 | 2 |
CATLIN To XL Catlin Brokers Re XL Catlin US Claims Service The XL Catlin US Claims Department is committed to providing an industry leading standard of service for our Insureds and Brokers. While claims handling is the key component to achieving that service level we also recognize the need for communication with our Broker partners. The Claims Department will be available for consultation claims reviews and other services that may be beneficial to assuring development and retention of profitable business. Attached are reporting instructions and a form that can be used for reporting claims on XL Catlin US policies. Loss notices can be faxed to 404 443 4912 or reported by calling 404 443 4910. Should you have any questions or concerns regarding the claims operation feel free to contact me at the numbers listed below. Ilook forward to working with you and your teams in the future. Tom Deitz CPCU Claims Director US Catlin Inc. 3340 Peachtree Road N.E. Suite 2950 Atlanta GA 30326 Ofc 404 443 4933 | 2 |
CATLIN XL Catlin US Claim Reporting Instructions Two Ways to report a claim 1. Telephone number for reporting a claim 404 443 4910. 2. Fax number for reporting a claim 404 443 4912 Simply fill out the Claims Reporting Form which you will find attached and fax this form to Catlin US Claims at 404 443 4912. Note When calling in a catastrophic injury includes fatality brain injury loss of consciousness amputation of a major body part or loss of vision advise the person that this is a catastrophic loss. Once a loss is reported by you the Claim is assigned to our Atlanta GA Claim Office for prompt handling. | 2 |
CATLIN Claims Reporting Form Liability Fax report to 404 443 4912 General Information Name of person reporting Telephone number For reporting only O Yes O No Name of Broker Broker telephone number Broker fax number Insured s Information Name and address of the Insured including postal code Business telephone inclext. Ext. Cell number Contact name Contact e mail address Contact language spoken Policy Information Policy number Policy period dd mm yyyy From To Centificate number if applicable Other Insurance Coverage Type of policy form limits deductible Accident Information Address where loss occurred Date of loss dd mm yyyy Time of loss Tate Country Kind of loss Please give description of loss Were the authorities contacted police fire ambulance Report number given If yes list number O Yes O No O Yes O No IF Police Fire Depart ment contacted name of officer Division Badge number Injury Information Name and address of injured party Date of birth dd mm yyyy Home telephone Work telephone Contact at home work Were any injuries incurred O Yes O No What part of the body Treatment given Please check O No medical treatment Minor on site remedies Minor clinic or hospital Emergency evaluation J Hospitalization for more than 24 hours Injury Description Name and address of treating physician Telephone number Name and address of treating hospital clinic Telephone number Male Female Marital status Check one O Single O Married Widowed Separated O Divorced Number of dependents Witness Information Name and address of a witness to the incident Telephone number where witness can be reached Anything related to the incident you would like t0 add | 2 |
ADMIRAL 586 c Policyholder Message Named Insured DETHMERS MANUFACTURING Policy Number CA000027678 COMPANY DBA DEMCO PRODUCTS Dear Policyholder Our Corporate Headquarters and Northeast Regional Branch Office mailing address is Admiral Insurance Company A Berkley Company Mt. Laurel Corporate Park 1000 Howard Blvd. Suite 300 P.O. Box 5430 Mt. Laurel NJ 08054 Our telephone number General 856 429 9200 If you need to report a claim please direct it to l. By regular or overnight mail to Admiral Insurance Company A Berkley Company Mt. Laurel Corporate Park 1000 Howard Blvd. Suite 300 P.O. Box 5430 Mt. Laurel NJ 08054 Attention New Claim Clearly state it is a NEW CLAIM 1. By Email to admclaimsadmiralins.com Do not email claims to ANY claims individual. 1. By FAX to Fax 856 429 3630 Attention New Claim Clearly state it is a NEW CLAIM Policy Number CA000027678 03 l a W. R. Berkley Company Page 1of 1 FM30110215 | 2 |
ADMIRAL INSURANCE COMPANY A Stock Company COMMERCIAL LINES POLICY THIS POLICY IS NOT OBTAINED PRIMARILY FOR PERSONAL FAMILY OR HOUSEHOLD PURPOSES. THIS POLICY CONSISTS OF DECLARATIONS COMMON POLICY CONDITIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. V7 Secretary President an 1000 Howard Blvd. Suite 300 P.O. Box 5430 Mt. Laurel NJ 08054 Telephone 856 429 9200 Facsimile 856 429 8611 JA1001 0313 m R. Berkley Company | 2 |
Policy Number CA000027678 03 AL 80000917 Effective Date 07012019 ADMIRAL Named Insured DETHMERS MANUFACTURING COMPANY DBA DEMCO PRODUCTS IMPORTANT POLICYHOLDER NOTICES Form Intentionally Left Blank Pagelofl O AL80000917 | 2 |
COMN DEC Renewal Rewrite of ADMIRAL INSURANCE COMPANY A STOCK COMPANY herein called the Company Policy No. CA000027678 03 Named Insured and Mailing Address DETHMERS MANUFACTURING COMPANY DBA DEMCO PRODUCTS 4010 320TH STREET BOYDEN IA 51234 COMMON POLICY DECLARATIONS CA000027678 02 POLICY PERIOD From 07012019 1o 07012020 At 1201 AM. Standard Time at the address of the Named Insured as stated herein THE NAMED INSURED IS Corporation BUSINESS DESCRIPTION MANUFACTURER OF AGRICULTURAL RENTAL RECREATIONAL VEHICLE AND TRAILER COMPONENT PRODUCTS AUDIT PERIOD Flat IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Commercial General Liability Coverage 130650.00 Products Completed Operations Liability Coverage JRED IS IPTION 130650.00 130650.00 PREMIUM 130650.00 TERRORISM PREMIUM TOTAL PREMIUM 130650.00 Forms and Endorsements made a part of this policy at inception REFER TO SCHEDULE OF FORMS A100 18 03 98 This policy is not binding unless countersigned by Admiral Insurance Company or its authorized representative. Countersigned On 882019 By W 7 Authorized R ative At Johns Creek GA lg Countersigned On 882019 ative At Johns Creek GA lg THESE COMMON POLICY DECLARATIONS AND THE COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS OR PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. This policy is issued pursuant to Iowa Code section 515.120 by a nonadmitted company in Iowa and as such is not covered by the Iowa Insurance Guaranty Association. R. Berkley Company DE20010700 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS ADMIRAL INSURANCE COMPANY A STOCK COMPANY herein called the Company POLICY NUMBER CA000027678 03 LIMITS OF INSURANCE Each Occurrence Limit General Aggregate Limit Other Than Products Completed Operations Products Completed Operations Aggregate Limit Personal and Advertising Injury Limit Damage To Premises Rented To You Limit Medical Expense Limit PREMIUM Classification Code TRAILERS MFG 59798 PR 1000000 2000000 2000000 1000000 300000 5000 Any One Premises Any One Person Code Premium Basis Rate Per Advance Premium 59798 FLAT CHARGE Flat Charge 130650.00 Total Advance Premium 130650.00 Minimum Term Premium 130650.00 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. IV. R. Berkley Company DE20021218 Page Lof 1 | 2 |
SCHEDULE OF FORMS Named Insured DETHMERS MANUFACTURING COMPANY Policy No. CA000027678 03 DBA DEMCO PRODUCTS FORM NUMBER TITLE JA10010313 COVER JACKET ADMIRAL INSURANCE COMPANY DE20010700 COMMON POLICY DECLARATIONS DE20021218 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS AI00180398 SCHEDULE OF FORMS CG00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG20100413 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION CG20110413 ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES CG20150413 ADDITIONAL INSURED VENDORS CG20180413 ADDITIONAL INSURED MORTGAGEE ASSIGNEE OR RECEIVER CG20280413 ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT CG21060514 EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION CG21520413 EXCLUSION FINANCIAL SERVICES CG21550999 TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION CG21750115 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Pagelof3 O AL 0018 03 98 | 2 |
CG24260413 AMENDMENT OF INSURED CONTRACT DEFINITION CG24500615 LIMITED COVERAGE FOR DESIGNATED UNMANNED AIRCRAFT 1L00171198 COMMON POLICY CONDITIONS 1L00210702 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT AD06570217 PRIMARY NON CONTRIBUTING INSURANCE ENDORSEMENT AD06620204 EMPLOYEE BENEFITS LIABILITY COVERAGE CLAIMS MADE COVERAGE AD06630412 ADDITIONAL CONDITIONS NAMED INSURED S DUTIES WITH RESPECT TO INDEPENDENT CONTRACTORS ADO07380915 KNOWLEDGE OF OCCURRENCE AD07400207 CROSS LIABILITY EXCLUSION AD07420915 UNINTENTIONAL ERRORS AND OMISSIONS AD08420216 BODILY INJURY REDEFINED AD08680217 DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT AD66110511 DEDUCTIBLE LIABILITY INSURANCE AD67720617 PRIOR PRODUCTS AND OPERATIONS EXCLUSION AD68830413 LONG TERM EXPOSURE EXCLUSIONS JOINT FORM AD68860511 INJURY TO WORKERS EXCLUSION JOINT FORM AD68881213 SPECIAL EXCLUSIONS JOINT FORM OCCURRENCE VERSION AD67081013 OCCUPATIONAL DISEASE EXCLUSION ABSOLUTE AD67350307 PRODUCT DESIGN COVERAGE Page2of3 O AL 0018 03 98 | 2 |
AD67480511 INTELLECTUAL PROPERTY EXCLUSION AMENDED DEFINITION OF PERSONAL AND ADVERTISING INJURY AD67580209 ENGINEERED NANOPARTICLES EXCLUSION ABSOLUTE AD68670110 WORLDWIDE COVERAGE Al44020818 SERVICE OF SUIT Page3of3 O AL 0018 03 98 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section III Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory I 3 2 The bodily injury or property damage oceurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period.. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section I1 Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur.. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.. 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 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. CG 00010413 Insurance Services Office Inc. 2012 Page 2 of 16 | 1 |
d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. f. Pollus tion 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location b which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire Ator from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
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