text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
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 cffects 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 o use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you CG 00010413 Insurance Services Office Inc. 2012 Page 4 of 16 | 1 |
4 Personal property in the care custody or control of the insured 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 G 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 ITI Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and 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 0f 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 c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section II 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 secking those damages. However we will have no duty to defend the insured against any suit secking 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 I1I 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. 3. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. 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. CG 00010413 Insurance Services Office Inc. 2012 Page 6 of 16 | 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 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. 0. 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. 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. 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 s alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act 0f 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. b. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premis S you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of 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.. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies.. 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.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the 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. g. Al 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. 2. 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 c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract CG 00010413 Insurance Services Office Inc. 2012 Page 8 of 16 | 1 |
d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 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. 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 I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary 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 II WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business.. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a 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.. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
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.. 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 carlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and. Coverage B does not apply to personal 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 III 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. 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. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed 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. CG 00010413 Insurance Services Office Inc. 2012 Page 10 of 16 | 1 |
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.. 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. 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 s Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work if 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. 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. 3. Ifa 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. o 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. 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. 3. Legal Action Against Us No person or organization has a right under this Coverage Part CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
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.. 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. Ifany 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 cach 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 carned 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 b. Those statements are based upon representations you made to us and. 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 cach 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 CG 00010413 Insurance Services Office Inc. 2012 Page 12 of 16 | 1 |
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 L4 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 All other parts of the world if the injury or damage arises out of o 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the 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 s less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 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. 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 3. An elevator maintenance agreement b 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 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or 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. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 1. 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. 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. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 13. 14. 15. 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution. 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. 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. CG 00010413 Insurance Services Office Inc. 2012 Page 14 of 16 | 1 |
16. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the carliest of the following times a When all of the work called for in your contract has been completed. 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. b When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or 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. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
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. CG 00010413 Insurance Services Office Inc. 2012 Page 16 of 16 | 1 |
Policy Number CA000027678 03 CG20100413 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations Any person or organization that is an owner or manager of All locations at which the Named Insured is performing real property or personal property on which you are per ongoing operations. forming ongoing operations or a contractor on whose be half you are performing ongoing operations but only if cov erage as an additional insured is required by a written contract or written agreement that is an insured contract and provided the bodily injury or property damage first oceurs o the personal and advertising injury offense is first committed subsequent to the execution of the contract or 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 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. 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 additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance o repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or Pagelof2 O CG20100413 Insurance Services Office Inc. 2012 | 2 |
2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds the following is added to Section III 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. Page2of2 O CG20100413 Insurance Services Office Inc. 2012 | 2 |
Policy Number CA000027678 03 CG20110413 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You All premises leased to you and covered by this insurance. Name Of Persons Or Organizations Additional Insured Any person or organization that is a manager or lessor of real property but only if coverage as an additional insured is re quired by a written contract or written agreement that is an insured contract and provided the bodily injury or prop erty damage first occurs or the personal and advertising injury offense is first committed subsequent to the execution of the contract or agreement. Additional Premium Included 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 arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This 1. Any occurrence which takes place after you cease to be a tenant in that premises. surance does not apply to 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or or ganizations shown in the Schedule. 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 III 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. Pagelofl O CG20110413 Insurance Services Office Inc. 2012 | 2 |
Policy Number CA000027678 03 CG20150413 Effective Date 07012019 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 A ment. Any person or organization that is a vendor of your prod Any of your products covered by this insurance. ucts but only if coverage as an additional insured vendor is required by a written contract or written agreement and provided the bodily injury or property damage first oc curs subsequent to the execution of the contract or agree 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 re ferred 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 as sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement Any express warranty unauthorized by you Any physical or chemical change in the product made intentionally by the vendor Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substi tution of parts under instructions from the manufacturer and then repackaged in the original container Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or nor mally undertakes to make in the usual course of business in connection with the distribution or sale of the prod ucts Pagelof2 O CG20150413 Insurance Services Office Inc. 2012 | 2 |
f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omis sions 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 usual 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 III Limits Of Insur ance 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. Page2of2 O CG20150413 Insurance Services Office Inc. 2012 | 2 |
Policy Number CA000027678 03 CG20180413 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organizations Designation Of Premises Any person or organization that is a mortgagee assignee or All premises covered by this insurance. receiver for a premises shown in this Schedule but only if coverage as an additional insured is required by a written contract or written agreement that is an insured contract and provided the bodily injury or property damage first oceurs o the personal and advertising injury offense is first committed subsequent to the execution of the contract or agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section I 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 their liability as mortgagee assignee or receiver and arising out of the owner ship maintenance or use of the premises by you and shown in the Schedule. 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. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds the following is added to Section III 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. Pagelofl O CG20180413 Insurance Services Office Inc. 2012 | 2 |
Policy Number CA000027678 03 CG20280413 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE with coverage afforded by this endorsement. Name Of Additional Insured Persons Or Organizations All Lessors of Equipment if you agreed in a written contract prior to a loss claim or occurrence to provide such Lessors Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II 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 maintenance operation or use of equipment leased to you by such persons or organizations. 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 re quired by a contract or agreement the insurance af forded 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 addi tional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. s With respect to the insurance afforded to these addi tional insureds the following is added to Section ITI Limits Of Insurance If coverage provided to the additional insured is re quired by a contract or agreement the most we will pay on behalf of the additional insured is the amount of in surance 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 Lim its of Insurance shown in the Declarations. AT VALASY iVl V HAe ATV oA Pagelofl O CG20280413 Insurance Services Office Inc. 2012 | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 CG 21060514 Effective Date 07012019 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 IN JURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the follow ing 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 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily in jury. 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 electroni cally controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Lia bili 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 confi dential or personal information including patents trade secrets processing methods customer lists financial infor mation 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 ex penses public relations expenses or any other loss cost or expense incurred by you or others arising out of any ac cess to or disclosure of any person s or organization s confidential or personal information. Pagelofl O CG 21060514 Insurance Services Office Inc. 2013 | 2 |
Policy Number CA000027678 03 CG21520413 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FINANCIAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclu sions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury proper ty damage or personal and advertising injury resulting from the rendering of or the failure to render financial services by any insured to others. For the purpose of this exclusion financial services include but are not limited to 1. Planning administering or advising on a. Any a 3 Annuity 5 6 plan fund or account Investment Pension Savings Checking or Individual retirement b. The issuance or withdrawal of any bond deben ture stock or other securities o. The trading of securities commodities or curren cies or d. Any acquisitions or mergers 2. Acting as a dividend disbursing agent exchange agent redemption or subscription agent warrant or scrip agent fiscal or paying agent tax withholding agent escrow agent clearing agent or electronic funds trans fer agent 3. Lending or arranging for the lending of money including credit card debit card leasing or mortgage operations or activities or interbank transfers 4. Repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors 5. Checking or reporting of credit 6. Maintaining of financial accounts or records 7. Tax planning tax advising or the preparation of tax returns or 8. Selling or issuing traveler s checks letters of credit certified checks bank checks or money orders. 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 or the offense which caused the personal and advertising injury in volved the rendering of or the failure to render financial services by any insured to others. Pagelof1 O CG21520413 Insurance Services Office Inc. 2012 | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 CG 21550999 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I 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 disper sal seepage migration release or escape of pol lutants at any time. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a Atany premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal pro cessing or treatment of waste or b Atany premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat de toxify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regula tory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmen tal authority for damages because of testing for monitoring cleaning up removing con taining treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pagelof1 O CG 21550999 Copyright Insurance Services Office Inc. 1998 | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 CG21750115 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of ter rorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all per sons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insur ance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical in jury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reac tion or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemi cal materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terror ism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. Pagelof2 O CG21750115 Insurance Services Office Inc. 2015 | 2 |
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 Cov erage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 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 b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss oc curs or b The premis 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 influ ence the policy or affect the conduct of the United States Government by coercion. s of any United States mission and Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of ter rorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be car ried out in concert or to have a related purpose or common leadership shall be considered to be one incident. 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. Page2of2 O CG21750115 Insurance Services Office Inc. 2015 | 2 |
Policy Number CA000027678 03 CG 24040509 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Any person or organization but only if 1. You have expressly agreed to the waiver in a written contract entered into by you and 2. The injury or damage occurs subsequent to the execution of the written contract. 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 Condi tions 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 applics only to the per son or organization shown in the Schedule above. aiver in a written contract entered into by you and juent to the execution of the written contract. Pagelofl O CG 24040509 Insurance Services Office Inc. 2008 | 2 |
Policy Number CA000027678 03 CG24260413 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Definitions section is replaced by the following 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 temporari ly 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 con nection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemni fy a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertain ing to your business including an indemnification of a municipality in connection with work per formed 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 provided the bodily injury or prop erty damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be consid ered an insured contract to the extent your as sumption of the tort liability is permitted by law. Tort liability means a liability that would be im posed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any con tract 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 un derpass or crossing 2 That indemnifies an architect engineer or sur veyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions re ports 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 engi neer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services includ ing those listed in 2 above and supervisory in spection architectural or engineering activities. Pagelof1 O CG24260413 Insurance Services Office Inc. 2012 | 2 |
Policy Number CA000027678 03 COMMERCIAL GENERAL LIABILITY CG 24500615 LIMITED COVERAGE FOR DESIGNATED UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Unmanned Aircraft 1. Any unmanned aircraft operated under a FAA Section 333 Exemption. 2. Any unmanned aircraft weighing less than 4.4 pounds and operated under FAA Part 107 Rules. 3. Any unmanned aircraft that a. Weighs less than 4.4 pounds and Is operated at least 5 nautical miles away from an airport or heliport having an operational control tower or published instrument flight procedure and c. Is operated at least 5 nautical miles away from a military base or national park and d. Is operated at an altitude below 400 feet and. Is manually flown within the unaided other than corrective lenses visual line of sight of the remote pilot in command or the person manipulating the flight controls of the unmanned aircraft. 4. Any other unmanned aircraft endorsed to this policy. Description Of Operations Or Projects Operations directly related to the Business Description shown in the Declarations. Limit Of Insurance Paragraph C. below does not apply. Unmanned Aircraft Liability Aggregate Limit Please refer to Section I11 Limits of Insurance. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.g. Aircraft Auto Or Watercraft under Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g Aircraft Auto Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to oth ers of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 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 en trustment to others of any aircraft that is an unmanned aircraft. This Paragraph g.1 does not apply to unmanned aircraft described in the Schedule but only with re spect to the operations or projects described in the Schedule. han 4.4 pounds and operated under FAA Part 107 Rules. Pagelof3 O CG 24500615 Insurance Services Office Inc. 2014 | 2 |
2 Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to oth ers of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Paragraph g.2 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 en trustment to others of any aircraft other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 26 feet long and ii Not being used to carry persons or property for a charge 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 d Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage arising out of i The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or finan cial responsibility law or other motor vehicle insurance law where it is licensed or principally gar aged or ii The operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the defini tion of mobile equipment. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Lia bility 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any air craft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervi sion hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. b. c. The use of another s advertising idea in your advertisement Infringing upon another s copyright trade dress or slogan in your advertisement or Unmanned aircraft described in the Schedule but only with respect to the operations or projects described in the Schedule. C. Ifan Unmanned Aircraft Liability Aggregate Limit is shown in the Schedule the following provisions are added to Sec tion III Limits Of Insurance 1. Subject to Paragraph 2. or 3. of Section I1I Limits Of Insurance whichever applies the Unmanned Aircraft Lia bility Aggregate Limit shown in the Schedule is the most we will pay for the sum of a. Damages under Coverage A b. Damages under Coverage B and CG 24500615 Insurance Services Office Inc. 2014 Page 2 of 3 | 2 |
Medical expenses under Coverage C because of all bodily injury property damage and personal and advertising injury arising out of the owner ship maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Paragraph 4. the Personal And Advertising Injury Limit Paragraph 5. the Each Occurrence Limit Paragraph 6. the Damage To Premises Rented To You Limit and Paragraph 7. the Medical Expense Limit of Section I Limits Of Insurance continue to apply to bodily injury property damage and personal and advertising injury as applicable arising out of the ownership maintenance use or entrustment to others of any aircraft that is an un manned aircraft but only if and to the extent that a limit of insurance is available under the Unmanned Aircraft Liability Aggregate Limit. D. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. 2. 3. Designed Manufactured or Modified after manufacture to be controlled directly by a person from within or on the aircraft. CG 24500615 Insurance Services Office Inc. 2014 Page 3 of 3 | 2 |
IL 0017 1198 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 deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing 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 premi um 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 suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and 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 in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. 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 insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright Insurance Services Office Inc. 1998 Page 1 of 1 o IL 00 17 11 98 | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 1. IL 00 21 07 02 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY ENDORSEMENT BROAD FORM This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear ener gy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nucle ar Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is 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 enti tled 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 per son or organization. B. Under any Medical Payments coverage to expens es incurred with respect to bodily injury result ing from the hazardous properties of nuclear material and arising out of the operation of a nu clear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on 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 possessed han dled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in con nection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 ap plies only to property damage to such nu clear facility and any property thereat. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material s contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in con nection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 ap plies only to property damage to such nu clear facility and any property thereat. Pagelof2 O IL 00 21 07 02 IS0 Properties Inc. 2001 | 2 |
As used in this endorsement Hazardous properti explosive properties. includes radioactive toxic or Nuclear material means source material Special 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 compo nent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes pro duced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nucle ar facility included under the first two paragraphs of the definition 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 plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the pro cessing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the in sured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal 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 ma terial. Property damage includes all forms of radioactive contamination of property. Page2of2 O IL 00 21 07 02 ISO Properties Inc. 2001 | 2 |
Policy Number CA000027678 03 AD 065702 17 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Any person or organization qualifying as an Additional Insured under cither ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULE PERSON OR ORGANIZATION CG2010 or ADDITIONAL IN SURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS CG2037 if attached to and made part of this policy. It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4.b. and 4.c. do not apply with respect to other valid and collectible Commercial General Liability insurance whether primary or excess available to the person or organization shown in the Schedule and 1 Who is an insured under an Additional Insured Owners Lessees or Contractors endorsement attached to this policy and 2 Who requires by specific written contract that this insurance is to be primary andor non contributory to other valid and collectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. Pagelofl O AD 06 57 02 17 | 2 |
Policy Number CA000027678 03 AD 06 62 02 04 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE CLAIMS MADE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE. Limits of Liability 1000000 cach claim 1000000 aggregate. Deductible 25000 cach claim Numbers of Employees All Premium Included Retroactive Date 07012018 COVERAGES Insuring Agreement We will pay those sums which you become legally obligated to pay as damages sustained by any employee former employee prospective employee or the beneficiaries or legal representatives thereof caused by your negligent act error or omission or any other person for whose acts you are legally liable in the administration of your Employee Benefits Programs in the policy territory. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. We will have the right and duty to defend any suit secking damages except a the amount we will pay for damages is limited as described in SECTION III LIMITS OF INSURANCE each claim aggregate b we may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result and c our right and duty to defend ends when the applicable limit of insurance has been used up in the payment of judgments settlements or SUPPLEMENTARY PAYMENTS This insurance applies to damages only if a claim for damages is first made against you during the policy period. If during this policy period you become aware of any occurrences or circumstances which might result in a claim or claims under this insurance and notice thereof is given to us as soon as practicable in accordance with Section IV Conditions 2 of the policy it is agreed that any subsequent claim arising out of such occurrences or circumstances whether made during or after the expiration of this endorsement period but no later than sixty days after the expiration of this endorsement period shall be treated as a claim made during this endorsement period. Pagelof3 O AD 06 62 02 04 | 2 |
A claim by a person or organization secking damages will be deemed to have been made when notice of such claim is received and recorded by you or by us whichever comes first. All claims for damages to the same person will be deemed to have been made at the time the first of those claims is made against you. Exclusions This insurance does not apply to a Damages arising out of a negligent act error or omission which 1 occurred prior to the policy period or the Retroactive Date shown in the Schedule whichever is carlier and 2 you knew or should have known prior to the policy period might result in a claim b damages due to any dishonest fraudulent criminal or malicious act c damages due to libel slander discrimination humiliation emotional distress harassment or termination from employment d injury to or sickness disease or death of any person or to injury to or destruction of any tangible property including the loss of use thereof e any loss or claim arising out of failure of performance of any contract by an insurer your failure to comply with any law concerning Workers compensation unemployment insurance social security or disability benefits 2 any claim based upon 1 failure of stock or other investments to perform as represented by you 2 advice given by you to an employee to participate or not to participate in stock subscription plans 3 the investment or non investment of funds. WHO IS AN INSURED If you are designated in the Declarations as a an individual the person so designated but only with respect to the conduct of a business of which you are the sole proprietor and your spouse with respect to the conduct of such a business b a partnership or joint venture the partnership or joint venture so designated and any partner or member thereof but only with respect to their liability as such c other than an individual partnership or joint venture the organization so designated and any executive officer director or stockholder thereof while acting within the scope of their duties as such 2. 1L Each of the following is also an insured a any of your employees authorized to act in the administration of your Employee Benefits Programs while acting within the scope of their duties in connection therewith provided that the insurance shall not apply to any person included as a fiduciary un der the Employee Retirement Income Security Act of 1974 including any amendments and regulations relating thereto while acting in their capacity as such. This insurance does not apply to loss arising out of the conduct of any partnership or joint venture in which you are a partner or member which is not designated in the policy as a Named Insured. LIMITS OF LIABILITY The limit of liability stated in the Schedule of this endorsement as applicable to each claim is the limit of your liability for all damages included in cach claim to which this insurance applies provided that the term each claim includes all claims because of any loss or losses sustained by any one employee or former employee and the estate heirs legal representatives beneficiaries or assigns of such employee or former employee as the result of any act error or omission or combination of related acts errors or omissions. Subject to the foregoing provisions respecting the limit of liability for each claim the limit of liability stated in the Schedule as aggregate is the total limit of our liability for all damages because of all losses under this insurance including all SUPPLEMENTARY PAYMENTS. The inclusion of this endorsement shall not increase our Limits of Liability as stated in the policy.. ADDITIONAL CONDITIONS All of the conditions of the policy apply except as respects the insurance provided by this endorsement a Premium The premium stated in this endorsement is an estimated premium only. Upon termination of each annual period of this policy you on request will furnish us with a statement of personnel changes and the earned premiums shall be computed on the average number of employees at the beginning and end of such period. If the earned premium thus computed exceeds the estimated advance premium you will pay the excess to us if less we will return to you the unearned portion subject to the Minimum Premium for this insurance. b Your Duties in the event of Negligent Act Error or Omission Claim or Suit Page2of3 O AD 06 62 02 04 | 2 |
d If any claim is made against you or if you learn of any occurrences or circumstances which might result in a claim hereunder written notice shall be given by you as soon as practicable in accordance with the requirements of Condition 2 of the policy. The following Condition is added The Deductible amount shown in the Schedule of this endorsement shall apply to all payments damages or supplementary payments under this coverage. The terms and conditions of the Liability Deductible Endorsement attached to this policy apply to the Deductible for this coverage. The following Condition is added If the Retroactive Date shown in the Schedule is carlier than the policy period this insurance is excess over any other similar insurance purchased by you that is effective prior to the beginning of the policy period. When this insurance is excess all of the terms and conditions of Section IV Condition 4.b. apply. DEFINITIONS When used in reference to this insurance Employee Benefit Programs means any of the following employee benefit plans and programs maintained for the benefit of your employees or former employees a group life insurance group accident and health insurance profit sharing plans pension plans employee stock subscription plans workers compensation unemployment insurance salary continuation plans social security disability benefits insurance and travel savings or vacation plans and b any other employee benefit plan or program added to your Employee Benefits Program after the effective date of this endorsement provided that written notice is given to us within 30 days of the effective date thereof and provided further that such addition is endorsed on this policy. Administration means a providing interpretations and giving counsel to your employees regarding your Employee Benefits Programs b handling records in connection with your Employee Benefits Programs the enrollment termination or cancellation of employees under your Employee Benefits Programs Policy Territory means the United States of America its territories or possessions or Canada. Page3of3 O AD 06 62 02 04 | 2 |
Policy Number CA000027678 03 AD 06 63 04 12 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL CONDITIONS NAMED INSURED S DUTIES WITH RESPECT TO INDEPENDENT CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM SCHEDULE s o 11 1L Iv. 2000000 1000000 1000000 1000000 negligence with respect to any liability arising out of or related to any work performed or to be per formed by the independent contractor andor sub contractor. Such written contracts shall further specify that the independent contractor andor sub contractor shall name you as an Additional Insured under that independent contractor s andor subcon tractor s Commercial General Liability Insurance as set forth in Section L. A. above prior to com mencement of any work. The coverage afforded to you under this insurance including any duty to defend or indemnify you shall be excess over and shall not contribute with any insur ance whether collectible or not naming you as an Ad ditional Insured under any independent contractor s andor subcontractor s insurance regardless of whether the Other Insurance conditions of coverage or any oth er policy language in the independent contractor s andor subcontractor s insurance renders it excess con tingent or contributory. You must retain Certificates of Insurance and Addi tional Insured Endorsements that you obtain from cach independent contractor andor subcontractor and pro vide copies to us upon our written or oral request up to ten years after the Policy Period. You must retain all written contracts that you obtain from each independent contractor andor subcontractor and provide copies to us upon our written or oral re quest up to ten years after the Policy Period. General Aggregate Limit Products Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit As a condition precedent to our binding and issuing this policy you have agreed to obtain the following from cach independent contractor andor subcontractor performing any work on your behalf and it is under stood that no bodily injury property damage or personal and advertising injury liability coverage is afforded to you by this policy for any and all liability arising out of your premises or your operations unless this condition is satisfied A. A Certificate of Insurance identifying you as an Additional Insured under each such independent contractor s or subcontractor s Commercial Gen eral Liability Insurance with Limits of Insurance equal to or greater than the Limits of Insurance shown in the Schedule above with respect to any liability arising out of any work performed by the independent contractor andor subcontractor. Fur ther such Certificates of Insurance shall specify that the independent contractor s andor subcon tractor s insurance shall be primary to and shall not participate or contribute with the insurance af forded by this policy. B. A written contract wherein the independent con tractor andor subcontractor agrees to hold harm less defend and indemnify you from and against all losses costs expenses claims suits bodily injury property damage personal and adver tising injury or other damages to the fullest ex tent permitted by law including with respect to your own negligence and excepting only your sole Pagelof2 O AD 06 63 04 12 | 2 |
If you have fulfilled all of the Additional Conditions set forth in Sections L. through IV. above and the independent contractor s andor subcontractor s Commercial General Liability insurer or insurers decline to defend you then we will undertake to do so for any covered claim. In that event you will fully cooperate with us in pursuing those insurers to assume the defense from us and reimburse us for any costs we incurred. AD 06 63 04 12 Page2 of 2 | 2 |
Policy Number CA000027678 03 AD 073809 15 Effective Date 07012019 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 PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM The following paragraph is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Paragraph 2. Duties In The Event Of Occurrence Offense Claim or Suit or SECTION IV PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS Paragraph 2. Duties In The Event Of Occurrence Claim or Suit if applicable Notice of an occurrence which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the occurrence has been reported to you one of your executive officers or any employee authorized by you to give or receive notice of an occurrence. Pagelofl O AD 073809 15 | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 THIS ENDORSE AD 07 40 02 07 Effective Date 07012019 NT CHANGES THE POLICY. PLEASE READ IT CARE FULLY. CROSS LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART It is agreed this insurance does not apply to 1 Any claim made or suit brought for dam ages or liability of any kind by any Named Insured or any employee volunteer worker temporary worker executive of ficer director stockholder partner or member of any Named Insured against any other Named Insured or any employee volunteer worker temporary worker executive officer director stockholder partner or member of any other Named In sured because of bodily injury property damage or personal and advertising inju ry or 2 Any claim made or suit brought for dam ages by the spouse child parent brother or sister of any employee volunteer work er temporary worker executive of ficer director stockholder partner or member of any Named Insured as a conse quence of 1 above. It is further agreed the Company shall not have the obligation to indemnify defend adjust investigate or pay any cost or expense of any kind for any claim made or suit brought which is excluded under the terms of this endorsement. 2 Any claim made or suit brought for dam ages by the spouse child parent brother or sister of any employee volunteer work er temporary worker executive of ficer director stockholder partner or member of any Named Insured as a conse quence of 1 above. It is further agreed the Company shall not have the obligation to indemnify defend adjust investigate or pay any cost or expense of any kind for any claim made or suit brought which is excluded under the terms of this endorsement. AD 07 40 02 07 Page 1 of 1 | 2 |
Policy Number CA000027678 03 AD 07420915 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM The following paragraph is added to SECTION IV COMERCIAL GENERAL LIABILITY CONDITIONS or SECTION IV PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS if applicable Paragraph 6. Representations However the unintentional omission of or unintentional error in any information given or provided by you shall not preju dice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our right of cancellation or non renewal. Pagelofl O AD 074209 15 | 2 |
Policy Number CA000027678 03 AD 08420216 Effective Date 07012019 THIS ENDORSE NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION COMMERCIAL GENERAL LIABILITY COVERAGE FORM CLAIMS MADE PRODUCTS AND COMPLETED OPERATIONS LIABILITY COVERAGE FORM OCCURRENCE VERSION PRODUCTS AND COMPLETED OPERATIONS LIABILITY COVERAGE FORM CLAIMS MADE VERSION LIQUOR LIABILITY COVERAGE OCCURRENCE VERSION LIQUOR LIABILITY COVERAGE CLAIMS MADE OWNER S AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCESS LIABILITY COVERAGE FORM UMBRELLA LIABILITY COVERAGE FORM The definition of bodily injury in DEFINITIONS is amended as follows Bodily injury means physical injury physical sickness or physical disease sustained by any one person including death resulting from any of these at any time. Bodily injury does not include shock or emotional mental or psychological distress injury trauma or anguish or other similar condition unless such condition results solely and directly from that one person s prior physical injury physical sickness or physical disease otherwise covered under this insurance. Pagelof1 O AD 08420216 Includes copyrighted material of Insurance Services Office Inc. with its permission 2016. | 2 |
Policy Number CA000027678 03 AD 08 68 02 17 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT WITH TOTAL AGGREGATE LIMIT FOR COVERAGES A B AND C This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated Locations All locations covered by this insurance. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applica ble to this endorsement. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVER AGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to cach designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However the most we will pay under the Designated Location General Aggregate Limit for all Designated Loca tions combined is 5000000. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COV ERAGE A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under COVERAGE C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Fire Damage and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVER AGE A SECTION I and for all medical expenses caused by accidents under COVERAGE C SECTION I which can not be attributed only to operations at a single designated location shown in the Schedule above Pagelof2 O Includes copyrighted material of Insurance Services Office Inc. with its permission 1996. AD 08 68 02 17 | 2 |
1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Desig nated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Limits Of Insurance SECTION I1I not otherwise modified by this endorsement shall continue to ap ply as stipulated. Page2of2 O AD 08 68 02 17 Includes copyrighted material of Insurance Services Office Inc. with its permission 1996. | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 AD 66 110511 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE APPLICABLE TO INDEMNITY AND EXPENSES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM PER OCCURRENCE Bodily Injury Liability s Property Damage Liability Propeny Damase Lishty Combine s 5 s2s000.00 Personal and Advertising Injury Liability s S 525000.00 If no entry appears above the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation s entered the deductibles apply to damages for all bodily injury property damage and personal and advertising injury however caused. Damages includes any payments made under the Supplementary Payments provisions of this policy including but not limited to expenses we incur to investigate or settle a claim or to defend a suit. No limitations 1. Our obligation under the Bodily Injury Liability Property Damage Liability and Personal and Advertising Injury Liability Coverages to pay damages on your behalf applics only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. Damages includes any payments made under the Supplementary Payments provisions of this policy including but not limited to expenses we incur to investigate or settle a claim or to defend a suit. 2. The deductible applics to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows a. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a PER CLAIM basis that deductible applies as follows Pagelof2 O AD 66 11 0511 | 2 |
1 Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury 2 Under Personal and Advertising Injury Liability Coverage to all damages sustained by any one person because of personal and advertising injury 3 Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage or 4 Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of a Bodily injury b Property damage or Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage and personal and advertising injury person includes an organization. b. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a PER OCCURRENCE basis that deductible amount applies as follows 1 Under Bodily Injury Liability Coverage to all damages because of bodily injury 2 Under Personal and Advertising Injury Liability Coverage to all damages sustained by any one person because of personal and advertising injury 3 Under Property Damage Liability Coverage to all damages because of property damage or 4 Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of a Bodily injury b Property damage or Bodily injury and property damage combined as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. The terms of this insurance including those with respect to a. Ourright and duty to defend the insured against any suits seeking those damages and b. Your duties in the event of an occurrence claim or sui apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim o suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. When used in this endorsement damages include any payments made under the Supplementary Payments provisions of this policy including but not limited to expenses we incur to investigate or settle a claim or to defend a suit. If you do not promptly reimburse us for any deductible amount owed then any cost incurred by us in collection of the deductible amount will be added and applied in addition to the applicable deductible amount without any limitation. These costs include but are not limited to collection agency fees attorney s fees and interest. Page2of2 O AD 66 11 0511 | 2 |
Policy Number CA000027678 03 licy Number CA000027678 03 AD 677206 17 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIOR PRODUCTS AND OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Date EXCLUDING PRODUCTS MANUFACTURED BY CIRCLE R PRIOR TO 07012017. This insurance does not apply to bodily injury property damage or personal and advertising injury including costs or expenses actually or allegedly arising out of related to caused by contributed to by or in any way connected with actual alleged or threatened past present or future claims arising in whole or in part either directly or indirectly out of Goods or products manufactured sold handled distributed or disposed of by you or on your behalf or by any person company entity or organization for whom you may be legally liable before the date shown in the Schedule or b Any project on which you or any person company entity or organization acting on your behalf or for whom you may be legally liable first commenced work or operations before the date shown in the Schedule. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. AD 677206 17 Page 1 of 1 | 2 |
Policy Number CA000027678 03 AD 68830413 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LONG TERM EXPOSURE EXCLUSIONS JOINT FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM ASBESTOS EXCLUSION ABSOLUTE This insurance does not apply to liability injury or damages of any kind to include but not limited to bodily injury prop erty damage or personal and advertising injury including costs or expenses actually or allegedly arising out of related to caused by contributed to by or in any way connected with actual alleged or threatened past present or future claims arising in whole o in part either directly or indirectly out of the mining manufacturing distribution sale resale rebranding instal lation repair removal encapsulation abatement replacement or handling of exposure to testing for or failure to disclose the presence of asbestos products containing asbestos or products designed or used to protect from the inhalation ingestion contact with or other exposure to asbestos whether or not the asbestos is or was at any time airborne as a fume dust powder fiber or particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatso ever. It is further agreed that this insurance does not apply to any loss cost or expense including but not limited to payment for investigation or defense fines penalties interest and other costs or expenses arising out of or related to any 1 Clean up or removal of asbestos or products and materials containing asbestos 2 Such actions as may be necessary to monitor assess and evaluate the release or threat of same of asbestos or products and material containing asbestos 3 Disposal of asbestos substances or the taking of such other action as may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 Compliance with any law or regulation regarding asbestos 5 Existence storage handling or transportation of asbestos 6 Any supervision instructions recommendations warranties express or implied warnings or advice given or which should have been given. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. LEAD EXCLUSION ABSOLUTE This insurance does not apply to liability injury or damages of any kind to include but not limited to bodily injury property damage or personal and advertising injury including costs or expenses actually or allegedly arising out of related to caused by contributed to by or in any way connected with actual alleged or threatened past present or future claims arising in whole or in part either directly or indirectly out of the mining manufacturing distribution sale resale el T dy Pagelof3 O AD 68 830413 Includes copyrighted material of Insurance Services Office Inc. with its permission 2012. | 2 |
rebranding installation repair removal encapsulation abatement replacement or handling of exposure to ingestion of or testing for or failure to disclose the presence of lead products containing lead or products designed or used to protect from the inhalation ingestion contact with or other exposure to lead whether or not the lead is or was at any time airborne as a fume dust powder fiber or particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatsoever. It is further agreed that this insurance does not apply to any loss cost or expense including but not limited to payment for investigation or defense fines penalties interest and other costs or expenses arising out of or related to any 1 Clean up or removal of lead or products and materials containing lead 2 Such actions as may be necessary to monitor assess and evaluate the release or threat of same of lead or products and material containing lead 3 Disposal of lead substances or the taking of such other action as may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare o to the environment which may otherwise result 4 Compliance with any law or regulation regarding lead 5 Existence storage handling or transportation of lead 6 Any supervision instructions recommendations warranties express or implied warnings or advice given or which should have been given. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. MICROORGANISMS BIOLOGICAL ORGANISMS OR ORGANIC CONTAMINANTS EXCLUSION GENERAL LIABILITY BROAD FORM This insurance does not apply to 1 Liability injury or damages of any kind to include but not limited to bodily injury property damage or personal and advertising injury including costs or expenses actually or allegedly arising out of related to caused by contributed to by or in any way connected with actual alleged or threatened past present or future claims arising in whole or in part either directly or indirectly out of the exposure to presence of formation of existence of or actual alleged or threatened discharge dispersal seepage migration release or escape of any microorganisms biological organisms or organic con taminants including but not limited to mold mildew fungus spores yeast or other toxins allergens infectious agents wet or dry rot or rust or materials of any kind containing them at any time regardless of the cause of growth prolifera tion or secretion or 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 microorganisms bio logical organisms or organic contaminants including but not limited to mold mildew fungus spores yeast or other toxins allergens infectious agents wet or dry rot or rust or any materials containing them at any time regardless of the cause of growth proliferation or secretion. 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 microorganisms biological organisms or organic contaminants including but not limited to mold mildew fungus spores yeast or other toxins allergens infectious agents wet or dry rot or rust or any materials containing them at any time regardless of the cause of growth proliferation or secretion. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or personal injury and advertising injury to which this endorsement applies. Page20f3 O AD 68 830413 Includes copyrighted material of Insurance Services Office Inc. with its permission 2012 | 2 |
SILICA EXCLUSION ABSOLUTE This insurance does not apply to liability injury or damages of any kind to include but not limited to bodily injury prop erty damage or personal and advertising injury including costs or expenses actually or allegedly arising out of related to caused by contributed to by or in any way connected with actual alleged or threatened past present or future claims arising in whole or in part either directly or indirectly out of the mining manufacturing distribution sale resale rebranding instal lation repair removal encapsulation abatement replacement or handling of exposure to ingestion of testing for or failure to disclose the presence of failure to warn or advise of silica products containing silica or products designed or used to protect from the inhalation ingestion contact with or any other exposure to silica whether or not the silica is or was at any time airborne as a fume dust powder fiber or particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatsoever. It is further agreed that this insurance does not apply to any loss cost or expense including but not limited to payment for investigation or defense fines penalties interest and other costs or expenses arising out of or related to any 1 Clean up or removal of silica or products and materials containing silica 2 Such actions as may be necessary to monitor assess and evaluate the release or threat of same of silica or products and material containing silica 3 Disposal of silica substances or the taking of such other action as may be necessary to temporarily or permanently pre vent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 Compliance with any law or regulation regarding silica 5 Existence storage handling or transportation of silica 6 Any supervision instructions recommendations warranties express or implied warnings or advice given or which should have been given. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. ELECTROMAGNETIC RADIATION EXCLUSION ABSOLUTE This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury including costs or expenses arising out of related to caused by contributed to by or in any way connected with the actual or alleged exposure to presence of formation of or existence of electromagnetic radiation 2. Any loss claim suit cost or expense arising out of any request demand order statutory regulatory or govern mental requirement that any insured or others for whom any insured is legally liable test for comply with standards for monitor clean up remove contain treat detoxify neutralize abate mitigate or in any way respond to or assess the effects of electromagnetic radiation 3. Any loss claim suit cost or expense including but not limited to fines or penaltics arising out of any failure to comply with any statutory regulatory or governmental standards concerning acceptable levels of electromagnetic radiation 4. Any supervision instructions recommendations warnings or advice given or which should have been given in con nection with Paragraphs 1. 2. or 3. above or 5. Any obligation to share damages with or repay anyone else who must pay damages in connection with Paragraphs 1. 2.3.0r 4. above. Electromagnetic radiation means any form of electrical and magnetic energy or electric and magnetic fields within the electromagnetic spectrum whether naturally occurring or artificially created regardless of source and includes but is not limited to radio frequency radiation. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. Page3of3 O AD 68 830413 Includes copyrighted material of Insurance Services Office Inc. with its permission 2012 | 2 |
Policy Number CA000027678 03 AD 6886 05 11 Effective Date 07012019 THIS ENDORSE INJURY TO WORKERS EXCLUSION JOINT FORM NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM IMPORTANT NOTICE THE FOLLOWING EXCLUSIONS APPLY ONLY IF THE BOX ADJACENT TO THE EXCLUSION TITLE IS CHECKED. X INJURY TO INDEPENDENT CONTRACTORS EXCLUSION This insurance does not apply to bodily injury property damage or personal and advertising injury to 1. Any independent contractor hired directly or indirectly by you or on your behalf 2. Any employee of any independent contractor hired directly or indirectly by you or on your behalf or 3. The spouse child parent brother sister or registered domestic partner of that independent contractor or employee of that independent contractor as a consequence of Paragraph 1. or 2. above. For the purposes of this endorsement the term employee includes a leased employee temporary employee borrowed servant casual laborer or any other person working for any independent contractor hired directly or indirectly by you or on your be half. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury or damage. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. X INJURY TO TEMPORARY VOLUNTEER OR CASUAL WORKER EXCLUSION This insurance does not apply to bodily injury or personal and advertising injury to any 1. Temporary worker 2. Volunteer worker 3. Casual worker or 4. The spouse child parent brother sister or registered domestic partner of that worker as a consequence of Paragraph 1. 2. or 3. above. For the purposes of this endorsement only temporary worker means A person who is furnished to any insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions however temporary worker does not include a person who is furnished to any insured by a labor union to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Page 1 0f2 AD 68 86 05 11 | 2 |
For the purposes of this endorsement only casual worker means 1. A person other than a person furnished to you by a labor union who acts at the direction of and within the scope of duties determined by any insured and is employed by any insured for a short time and for a limited and temporary pur pose or 2. A person for whom any insured or a labor leasing firm acting on behalf of any insured does not withhold federal income taxes and pay federal unemployment tax. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. X INJURY TO LEASED WORKER EXCLUSION This insurance does not apply to bodily injury property damage or personal and advertising injury to 1. Any leased worker or 2. The spouse child parent brother sister or registered domestic partner of that leased worker as a consequence of Para graph 1. above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury or damage. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. X ABSOLUTE EMPLOYERS LIABILITY EXCLUSION Commercial General Liability Coverage Form Section I Coverage A Exclusion e. is deleted in its entirety and replaced by the following e. Employer s Liability Bodily injury to 1 Any employee of any insured arising out of and in the course of a Employment by any insured or b Performing dutics related to the conduct of any insured s business or 2 The spouse child parent brother sister or registered domestic partner of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether any insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the inju ry. Itis further agreed that Definition 9. Paragraph f. is amended to include the following subparagraph 4 4 Under which any insured assumes liability for bodily injury to an employee of any insured arising out of and in the course of employment by any insured or performing duties related to the conduct of any insured s business or to the spouse child parent brother sister or registered domestic partner of that employee. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury. property damage or per sonal and advertising injury to which this endorsement applies. AD 68 86 05 11 Page2 of 2 | 2 |
Policy Number CA000027678 03 AD 68881213 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL EXCLUSIONS JOINT FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION PRE EXISTING DAMAGE EXCLUSION It is agreed under Section 1 Coverages Coverage A Bodily Injury and Property Damage Liability 1. Insuring Agree ment Paragraphs b 3 and d are deleted in their entirety and the following exclusion is added to this policy This insurance does not apply to 1. Any damages arising out of or related to bodily injury or property damage whether such bodily injury or property damage is known or unknown a which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b which are or are alleged to be in the process of occurring as of the inception date of the policy or the retroac tive date of this policy if any whichever is carlicr even if the bodily injury or property damage continues during this policy period. Any damages arising out of or related to bodily injury or property damage whether known or unknown which are in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever s earlier. We shall have no duty to defend any insured against any loss claim suit or other proceeding alleging damages arising out of or related to bodily injury or property damage to which this endorsement applies. EMPLOYMENT RELATED PRACTICES EXCLUSION A. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Proper ty Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any wrongful employment acts or 2 The spouse child parent brother sister or registered domestic partner of that person as a consequence of bodi ly injury to that person at whom any of the wrongful employment acts described in Paragraph 1 above is directed. This exclusion applies 1 Whether any insured may be liable as an employer or in any other capacity 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury and 3 Whether the wrongful employment acts occurs before employment during employment or after employment of that person. Pagelof2 O AD 68881213 | 2 |
B. C. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to O A person arising out of any wrongful employment acts or The spouse child parent brother sister or registered domestic partner of that person as a consequence of per sonal and advertising injury to that person at whom any of the wrongful employment acts described in Par agraph 1 above is directed. This exclusion applies O 3 Whether any insured may be liable as an employer or in any other capacity To any obligation to share damages with or repay someone else who must pay damages because of the injury and Whether the wrongful employment acts occurs before employment during employment or after employment of that person. Additional Definitions 1 Wrongful employment acts means any of the following actual alleged or related acts committed by or on behalf of any insured arising out of a potential actual or post employment relationship with any person b d e Discrimination or harassment because of race color religion age sex disability pregnancy national origin sexual orientation marital status or any other basis prohibited by law which results in termination of the em ployment relationship or demotion or failure or refusal to hire or promote or failure to accommodate an em ployee or potential employee or denial of an employment privilege or the taking of any adverse or differen tial employment action or Sexual harassment including unwelcome sexual advances requests for sexual favors or other conduct of a sexual nature that is made a condition of employment is used as a basis for employment decisions or creates an intimi dating hostile or offensive work environment that interferes with work performance or Termination constructive discharge wrongful failure to hire wrongful demotion retaliation misrepresentation infliction of emotional distress defamation invasion of privacy humiliation wrongful evaluation or breach of an implied contract or agreement relating to employment whether arising out of any personnel manual policy statement or oral representation or Physical assault or battery or any other similar behavior that creates an intimidating hostile offensive or dan gerous work environment or Training or failing to train any employee in accordance with any applicable federal state or local law regula tion ordinance rule guidance document or policy directive governing any act described in Paragraph C. 1 a through Paragraph C. 1 d above or Failure to comply with any applicable federal state or local law regulation ordinance rule guidance document or policy directive related to the prevention of any act described in Paragraph C. 1 a through Paragraph C. 1 d above or malicious prosecution. Page2of2 O AD 68881213 | 2 |
Policy Number CA000027678 03 AD 67081013 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OCCUPATIONAL DISEASE EXCLUSION ABSOLUTE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed there is no coverage afforded under this policy for any bodily injury to any individual resulting from any occu pational or environmental disease arising out of any insured s operations completed operations or products. Pagelof1 O AD 670810 13 | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 AD 673503 07 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCT DESIGN COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART It is agreed your product includes engineering and de 2 Engineering and design work performed by you for sign work performed by you and which is incorporated by others. you into your product however this insurance does not For the purposes of this endorsement engineering and apply to design work means the making drawing planning draft 1 Engineering and design work performed by others on ing formulating or developing of a plan specification or your behalf or formula. Pagelof1 O AD 67 3503 07 | 2 |
Policy Number CA000027678 03 AD 6748 05 11 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTELLECTUAL PROPERTY EXCLUSION AMENDED DEFINITION OF PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART I. SECTION I COVERAGES COVERAGE B PER SONAL AND ADVERTISING INJURY LIABILITY Exclusion i. is deleted in its entirety and replaced by the following i Personal and advertising injury arising out of 1 Any infringement disparagement dilution or diminution of or damage to a Copyright slogan or title b Patent Trademark service mark service name collective mark or certification mark in cluding without limitation any word name symbol device or any combination thereof used to identify or distinguish the origin of a good product or service d Trade secret or practice Trade dress including without limitation any shape color design or appearance used to distinguish the origin of a good product or service f Advertising ideas concepts campaigns or style of doing business or g Any other proprietary property rights or intellectual property rights recognized or implied by law. 11 2 Any false designation of the origin of a good product or service. 3 Any deceptive false fraudulent misleading unfair unlawful or untrue business act or practice. The definition of personal and advertising injury in the DEFINITIONS section of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is de leted in it entirety and replaced by the following Personal and advertising injury means injury includ ing consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution 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 of material that slan ders or libels a person or organization or dispar ages a person s or organization s goods products or services or e. Oral or written publication of material that vio lates a person s right of privacy. Pagelofl O AD 67 48 05 11 | 2 |
Policy Number CA000027678 03 AD 6758 02 09 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENGINEERED NANOPARTICLES EXCLUSION ABSOLUTE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any bodily injury prop erty damage personal and advertising injury or reduc tion in value related to actual alleged or threatened past present or future claims arising in whole or in part either directly or indirectly out of the manufacture creation dis tribution sale resale rebranding installation repair re moval encapsulation release abatement replacement or handling of exposure to testing for failure to test for or failure to warn or disclose the presence of engineered na noparticles products containing engineered nanoparti cles or products designed or used to protect from the in halation ingestion adsorption absorption contact with or other exposure to or contamination by engineered nano particles whether or not the engineered nanoparticles are or were at any time airborne as a fume aerosol dust powder fiber or particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatsoever. It is further agreed that this insurance does not apply to any loss cost or expense including but not limited to payment for investigation or defense fines penalties interest and other costs or expenses arising out of or related to any 1 Clean up or removal of engineered nanoparticles or products and materials containing engineered nanoparticles 2 Such actions as may be necessary to monitor as sess and evaluate the release or threat of same of engineered nanoparticles or products and mate rial containing engineered nanoparticles 3 Disposal of engineered nanoparticle substances or the taking of such other action as may be neces sary to temporarily or permanently prevent mini mize or mitigate damage to the public health or welfare or to the environment which may other wise result 4 Compliance with any law or regulation regarding engineered nanoparticles 5 Existence storage handling or transportation of engineered nanoparticles 6 Any supervision instructions recommendations warranties express or implied warnings or ad vice given or which should have been given. It is further agreed that for any claim made or suit brought which is excluded under the terms of this endorse ment the Company shall not have the obligation to defend adjust investigate or pay any cost for investigation de fense attorney fees or adjustment arising out of such claims. Engineered nanoparticles means particles and materials that 1 Consist of elements or compounds 2 Are manufactured distributed sold produced or disposed of by or on behalf of any insured or oth ers and 3 Are five hundred 500 nanometers or less in size in at least one dimension. Engineered nanoparticles include but are not limited to 1 Nanotubes nanowires nanocrystals nanoanten nas nanobuds nanorods nanoclusters nanopow ders nanoshells nanominerals nanofluids nano structured fluids liposomes lipoplex systems mi croemulsions micelles quantum dots buckyballs buckminsterfullerenes and fullerenes and 2 Their dendrimers polymers aggregates and ag glomerates in any form whether solid fluid or gascous. Reduction in value means the actual or alleged diminu tion impairment devaluation or loss of use of tangible property whether or not physically injured. Pagelofl O AD 67 58 02 09 | 2 |
Policy Number CA000027678 03 AD 68 67 01 10 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORLDWIDE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Amended Definition of Coverage Territory C. Payment of Sums Outside of the United States of The Definition of coverage territory shown in the Coverage Form is deleted in its entirety and replaced by the following Coverage territory means anywhere in the world except any location that is subject to trade or other economic sanctions or embargo by the United States of America or where coverage is otherwise prohibit ed by the United States Office of Foreign Assets Con trol. Suits Outside of the United States of America Puerto Rico and Canada If a suit is brought outside of the United States of America including its territories and possessions Puerto Rico or Canada the following shall apply 1. We will have the right but not the duty to defend the claim or suit. 2. The insured will initiate a defense of the claim or suit in accordance with the following condi tions a. We retain the right to assume and control the investigation adjustment or defense of any claim or suit at any time. b. Inthe event we do not exercise our right or are prevented from doing so because we are not licensed or permitted by law in the ap plicable jurisdiction to defend the insured we will reimburse the insured under Sup plementary Payments for any reasonable and necessary expenses incurred for the investi gation of a claim or defense of a suit seek ing damages to which this insurance applies that we would have paid had we exercised our right to defend. No such expenses shall be paid by any insured without our prior written consent. America Puerto Rico and Canada 1. Ifthe insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory out side of the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented from paying such sums and associated expenses if applicable be cause we are not licensed or permitted by law in the applicable jurisdiction to pay such sums on the insured s behalf we will reimburse the in sured for such sums to the extent permitted by law. 2. The premium and all payments or reimburse ments we make for damages because of judg ments or settlements are payable when due in United States currency unless otherwise specified in the Declarations. If judgment is rendered set tlement is made or another element of sums paid for damages or expenses under Supplementary Payments is stated in a currency other than Unit ed States currency then payment under this in surance shall be made in the currency stated in the Declarations at the prevailing rate of ex change as published on OANDA com as of the date payment is made. In no event shall we pay more than the Limits of Insurance shown in the Declarations. D. Coverage Disputes 1. Any disputes between you and us as to whether there is coverage under this insurance must be filed in the courts of the United States of Ameri ca including its territories and possessions Puerto Rico or Canada. Pagelof2 O AD 68 67 01 10 | 2 |
Compulsory Coverage The insured must fully maintain any coverage re quired by law regulation or other governmental au thority during the policy period except for reduction of the aggregate limits due to payments of claims Jjudgments or settlements. 1. No Substitute for Compulsory Coverage This insurance is not a substitute for any insur ance coverage that is required by law regulation or other governmental authority that is required to be in force to satisfy the legal requirements of a given jurisdiction. 2. Failure to Maintain Compulsory Coverage Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance however this insurance will apply as if the coverage required by law regulation or other governmental authori ty was in full effect. Excess Coverage SECTION IV CONDITIONS Paragraph 4. Other Insurance is amended to include the following Notwithstanding any other provision in this Policy to the contrary if the insured becomes legally obligated to pay damages to which this insurance applies as de termined in a claim made or suit brought outside of the United States of America including its territories and possessions Puerto Rico or Canada then the amount we will pay for all damages and associated expenses under Supplementary Payments if applica ble that are otherwise covered under this insurance is excess over Any other insurance whether such insurance is written on a primary excess contingent or on any other basis unless such insurance is specifi cally written as excess insurance over the Limits of Insurance shown in the Declarations Any self insured retention or deductible provided by the insurance referenced in Paragraph F.1. above and Where the insured has failed to maintain the compulsory coverage required by law as refer enced in Paragraph E. above the limits of such insurance which should have been maintained had the insured satisfied the compulsory insur ance requirements. G. Additional Duties The terms and conditions of this insurance are amended in accordance with the language of this en dorsement. All terms and conditions of this insurance shall otherwise apply including but not limited to the following 1. The insured s duties in the event of an occur rence offense claim or suit set forth in SEC TION IV CONDITIONS shall apply except that we shall have the right but not the duty to in vestigate a claim or defend a suit. In no event shall the insured except at the in sured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. In no event shall the insured admit liability or settle any claim or suit without our consent. Page2of2 O AD 68 67 01 10 | 2 |
Policy Number CA000027678 03 Al44 020818 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SERVICE OF SUIT NOT APPLICABLE IN DELAWARE AND NEW JERSEY Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Company hereby designates the Superintendent Commissioner or Director of Insurance or other Officer specified for that purpose in the Statute or his her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance and hereby designates the below named as the person to whom the said Officer is authorized to mail such process or a true copy thereof. It is further agreed that service of process in such suit may be made upon Janet Shemanske or her nominee of the Company at 7233 East Butherus Drive Scottsdale Arizona 85260 and that in any suit instituted against the Company upon this policy it will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Nothing herein shall constitute a selection or designation of forum or a waiver of any of the Company s rights to select a forum or court including any of the federal courts of the United States. This includes any right to commence an action in or remove or transfer an action to the United States District Court or any other court of competent jurisdiction as permitted by law. Further pursuant to any statute of any state territory or district of the United States of America or province of Canada which makes provision therefore we hereby designate the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by you or on your behalf or any beneficiary hereunder arising out of this contract of insurance and we hereby designate the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Pagelofl O Al44 020818 | 2 |
A EMC Insurance Companies EMCASCO INSURANCE COMPANY PRIOR POLICY 4D7 13 11 GENERAL LIABILITY DECLARATIONS POLICY PERIOD FROM 042814 TO 042815 NAMED INSURED PRODUTCER HEP INC. LOCKTON COMPANIES LLC 5831 S 58TH ST STE C 1015 N 98TH ST STE 101 LINCOLN NE 68516 3649 OMAHA NE 68114 2357 AGENT BB 8210 AGENT PHONE 402 970 6100 AGENCY BILL JACK H. STRUYK JR BUSINESS DESC PLUMBING CONTRACTOR INSURED IS CORPORATION LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 ANY ONE PREMISES MEDICAL EXPENSE LIMIT 5000 ANY ONE PERSON PERSONAL AND ADVERTISING INJURY LIMIT 1000000 ANY ONE PERSON OR ORGANIZATION GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 COVERAGES PROVIDETD PREMIUM PRODUCTS COMPLETED OPERATIONS 12094.00 OTHER THAN PRODUCTS COMPLETED OPERATIONS 7556.00 SEE ATTACHED SCHEDULE FOR LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED. REEWE MAR 14 200 DATE OF ISSUE 031314 BPP FORM CG7000A ED. 08 99 BPP 022714 003 LN 4D71311 1501 GENERAL LIABILITY DE POLICY PERIOD FROM 042814 TO 042815 s ST S mAR S Rt At sy e 5831 S 58TH ST STE C 1015 N 98TH ST STE 101 LINCOLN NE 68516 3649 OMAHA NE 68114 2357 AGENT BB 8210 AGENT PHONE 402 970 6100 o T Tt T EACH OCCURRENCE LIMIT 100000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 30000 MEDICAL EXPENSE LIMIT 500 PERSONAL AND ADVERTISING INJURY LIMIT 100000 GENERAL AGGREGATE LIMIT T T T T v 7 PRI T TN T R T AT T T TV R T T T AN PRODUCTS COMPLETED OPERATIONS 12094.00 OTHER THAN PRODUCTS COMPLETED OPERATIONS s 7556.00 r Uy R D LOCKTON | 2 |
A EMC Insurance Companies PAGE 2 EMCASCO INSURANCE COMPANY HEP INC FORMS APPLICABLE CG00010413 CG20110413 CG21471207 CG21760108 CG71050106 CG71910113 CG74291198 CG76270309 IL00210502 IL7130A0401 IL8576 0909 AUDIT PERIOD ANNUAL DATE OF ISSUE 031314 BPP EFF DATE CG04351207 CG2012 0413 CG2150 0413 CG22741001 CG71400106 CG72531296 CG75551013 CG76440209 IL02590907 IL7131A0401 042814 POLICY NUMBER 4D7 13 11 CG04370413 CG2034 0413 CG21671204 CG7001A1012 CG70031013 G71410590 CG72761008 G75830106 CG80810406 IL12010199 EXP DATE 042815 CG2010 CG2037 0413 0413 G21700108 CG74281198 CG75841008 G8254 1213 M CG7174.31013 IL70281005 IL8383.50108 IL8384A0108 FORM CG7000A ED. 08 99 BPP 022714 003 LN 4D71311 1501 EFF DATE 042814 EXP DATE l AUDIT PERIOD ANNUAL | 2 |
A EMCInsurance Companies EMCASCO INSURANCE COMPANY INSTALLMENT PREMIUM PAYMENT SCHEDULE R oL T R POLICY NUMBER POLICY PERIOD 04282014 TO 04282015 4D7 13 11 15 s N NAMED INSURED PRODUCER HEP INC.. LOCKTON COMPANIES LLC. 1015 N 98TH ST STE 101 5831 S 58TH ST STE C.. OMAHA NE. LINCOLN NE.. 68114 2357 68516 3649 AGENT NO. BB8210 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS DUE DATE AMOUNT 092814 102814 THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE DATE OF ISSUE 03132014 FORM IL7007A ED.03 86 03132014 003 LN 4D71311 15001 INSTALLMENT PREMIUM PAYMENT SCHEDULE Fo e POLICY NUMBER POLICY PERIOD 04282014 TO 04282015 4D7 13 11 15 NAMED INSURED HEP INC.. LOCKTON COMPANIES LLC. 1015 N 98TH ST STE 101 5831 S 58TH ST STE C. OMAHA NE. LINCOLN NE.. 68114 2357 68516 3649. AGENT NO. BB8210 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS i SCHEDULE 1 DUE DATE AMOUNT THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE ey e ST STE 101 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS DUE DATE AMOUNT | 2 |
AV EMICInsurance Companies EMCASCO INSURANCE COMPANY POLICY NUMBER 4D7 13 11 15 HEP INC. EFF DATE 042814 EXP DATE 042815 TY POLICY GENERAL ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM TCG0001 04 13 COMMERCIAL GEN LIABILITY COV FORM CG0435 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE EACH EMPLOYEE 1000000 AGGREGATE 2000000 DEDUCTIBLE EACH EMPLOYEE 1000 RETROACTIVE DATE 04282006 CG0437 04 13 ELECTRONIC DATA LIAB ENDORSEMENT LOSS OF ELECTRONIC DATA LIMIT 50000 CG2010 04 13 AI OWNERS LESSEES OR CONTRACTORS. NAME CITY OF LINCOLN ATTN BUILDING SAFETY DEPT. PREM OPS ADDRESS 555 10TH ST RM 203 LINCOLN NE 68508 NAME SEE FORM IL12010199 CG2011 04 13 AI MANAGERS OR LESSORS OF PREMISES NAME BLANKET WHERE REQUIRED BY WRITTEN CONTRACT CG2012 04 13 AI STATE GOVT AGCY SUBD POLIT SUBD T NAME CONCESSIONAIRES JOB TITLES POLITICAL ENTITY ASSOC. OR ORG.ETC. BLANKET WHERE REQUIRED BY WRITTEN CONTRACT T CG2034 04 13 AI LESSOR OF LEASED EQUIPMENT CG2037 04 13 AI OWNERS LESSEES OR CONT COMP OPS NAME SEE FORM IL12010199 CG2147 12 07 EXCL EMPLOYMENT RELATED PRACTICES CG2150 04 13 AMENDMENT LIQUOR LIABILITY EXCLUSION TCG2167 12 04 FUNGI OR BACTERIA EXCLUSION CG2170 01 08 CAP LOSSES FROM CERT ACTS TERRORISM CG2176 01 08 EXCL PUNITIVE DMGS ACTS OF TERRORISM ce2274 10 01 LTD CONTRACTUAL LIAB COV PERS ADV DESIGNATED CONTRACT OR AGREEMENT ANY CONTRACT CG7001A 10 12 GENERAL LIABILITY SCHEDULE CG7003 10 13 GL QUICK REFERENCE OCCURRENCE CG7105 01 06 EXT OF THE DEFINITION OF INSURED CG7140 01 06 INJ TO CO EMPL OR O VOLUNTEER WKRS NAME CONCESSIONAIRES JOB TITLES DATE OF ISSUE 031314 CONTINUED FORM IL7131A ED. 04 01 003 LN 4D71311 1501 HEP INC. GENERA EDITION R AT TN AT T T T AT R TN T I T KT T T AT T R oy PR CG0435 CG0437 CG2010 CG2011 xCG2012 CG2034 CG2037 CG2147 CG2150 CG2167 CG2170 CG2176 CG2274 CG7001A CG7003 CG7105 CG7140 04 13 04 13 04 13 04 13 04 13 04 13 12 07 04 13 12 04 01 08 01 08 10 01 10 12 10 13 01 06 01 06 EMPLOYEE BENEFITS LIABILITY COVERAGE EACH EMPLOYEE 1000000 AGGREGATE 2000000 DEDUCTIBLE EACH EMPLOYEE 1000 RETROACTIVE DATE 04282006 ELECTRONIC DATA LIAB ENDORSEMENT LOSS OF ELECTRONIC DATA LIMIT 50000 AI OWNERS LESSEES OR CONTRACTORS.. NAME CITY OF LINCOLN ATTN BUILDING SAFETY DEPT. PREM OPS ADDRESS 555 10TH ST RM 203 LINCOLN NE 68508 NAME SEE FORM IL12010199 AI MANAGERS OR LESSORS OF PREMISES NAME BLANKET WHERE REQUIRED BY WRITTEN CONTRACT AI STATE GOVT AGCY SUBD POLIT SUBD T NAME CONCESSIONAIRES JOB TITLES POLITICAL ENTITY ASSOC. OR ORG.ETC. BLANKET WHERE REQUIRED BY WRITTEN CONTRACT AI LESSOR OF LEASED EQUIPMENT AI OWNERS LESSEES OR CONT COMP OPS NAME SEE FORM IL12010199 EXCL EMPLOYMENT RELATED PRACTICES AMENDMENT LIQUOR LIABILITY EXCLUSION FUNGI OR BACTERIA EXCLUSION CAP LOSSES FROM CERT ACTS TERRORISM EXCL PUNITIVE DMGS ACTS OF TERRORISM LTD CONTRACTUAL LIAB COV PERS ADV DESIGNATED CONTRACT OR AGREEMENT ANY CONTRACT GENERAL LIABILITY SCHEDULE GL QUICK REFERENCE OCCURRENCE EXT OF THE DEFINITION OF INSURED INJ TO CO EMPL OR O VOLUNTEER WKRS NAME CONCESSIONAIRES JOB TITLES | 2 |
A EMC Insurance Companies PAGE NO 2 EMCASCO INSURANCE COMPANY POLICY NUMBER 4D7 13 11 15 HEP INC. EFF DATE 042814 EXP DATE 042815 GENERAL LIABILITY POLICY ECLARATION ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM POLITICAL ENTITY ASSOC. OR ORG.ETC. ALL MANAGERIAL OR SUPERVISORY EMPLOYEES OR EXECUTIVE OFFICERS Fca7141 05 90 EXTENDED PROPERTY DAMAGE COVERAGE CCG7174.3 10 13 AUTOMATIC AI CONST CONT INCL COMP OP cG7191 01 13 COMML GENERAL LIABILITY AMENDMENT CG7253 12 96 CONTRACTORS EXTENDED PROPERTY DAMAGE I CG7276 10 08 LIMITED POLLUTION COV WORK SITES 150 fc7428 11 98 AMEND AGGREGATE LIMIT PER LOCATION CG7429 11 98 AMEND AGGREGATE LIMIT PER PROJECT CG7555 10 13 BLKT WAIV SUBRO WRITTEN CONT AGREE CG7583 01 06 MOTOR VEHICLE LAWS CG7584 10 08 MOBILE EQUIPMENT AUTO AMENDMENT CG7627 03 09 AMENDMENT OF EMPL BENEFITS PROGRAM DESCRIPTION OF OTHER SIMILAR BENEFITS NONE CG7644 02 09 CONTRACTORS OCCURRENCE DEFINITION Cces081 04 06 FUNGI BACTERIA NOTICE TO POLICYHOLDR CG8254 12 13 ADVISORY NOTICE TO POLICYHOLDERS IL0021 05 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM I110259 09 07 NE CHANGES CANCELLATION NONRENEWAL IL1201 01 99 CHANGE ENDORSEMENT IL7028 10 05 ASBESTOS EXCLUSION IL7130A 04 01 NAMED INSURED ENDORSEMENT t IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.5 01 08 DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 106 PREMIUM BEYOND 123114 50 IL8384A 01 08 TERRORISM NOTICE IL8576 09 09 MEDICARE IMPT NOTICE TO POLICYHOLDER DATE OF ISSUE 031314 FORM iL7131A ED. 04 01 003 N 4D71311 1501 INC. HEP GENERAL EDITION P g. o e s T S T TR ARTE P TR LA AR P CG7141 CG7174.3 CG7191 CG7253 CG7276 CG7428 CG7429 CG7555 CG7583 CG7584 CG7627 CG7644 CG8081 CG8254 IL0021 IL0259 IL1201 IL7028 IL7130A IL7131A IL8383.5 IL8384A IL8576 05 90 10 13 01 13 12 96 10 08 11 98 11 98 10 13 01 06 10 08 03 09 02 09 04 06 12 13 05 02 09 07 01 99 10 05 04 01 04 01 01 08 01 08 09 09 A SRl eSSy ST e WAR wERE e maEe ALL MANAGERIAL OR SUPERVISORY EMPLOYEES OR EXECUTIVE OFFICERS EXTENDED PROPERTY DAMAGE COVERAGE AUTOMATIC AI CONST CONT INCL COMP OP COMML GENERAL LIABILITY AMENDMENT CONTRACTORS EXTENDED PROPERTY DAMAGE LIMITED POLLUTION COV WORK SITES AMEND AGGREGATE LIMIT PER LOCATION AMEND AGGREGATE LIMIT PER PROJECT BLKT WAIV SUBRO WRITTEN CONT AGREE MOTOR VEHICLE LAWS MOBILE EQUIPMENT AUTO AMENDMENT AMENDMENT OF EMPL BENEFITS PROGRAM DESCRIPTION OF OTHER SIMILAR BENEFITS NONE CONTRACTORS OCCURRENCE DEFINITION FUNGI BACTERIA NOTICE TO POLICYHOLDR ADVISORY NOTICE TO POLICYHOLDERS NUCLEAR ENERGY LIAB EXCL BROAD FORM NE CHANGES CANCELLATION NONRENEWAL CHANGE ENDORSEMENT ASBESTOS EXCLUSION NAMED INSURED ENDORSEMENT COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 PREMIUM BEYOND 123114 TERRORISM NOTICE MEDICARE IMPT NOTICE TO POLICYHOLDER 15 w | 2 |
A EMC Insurance Companies EMCASCO INSURANCE COMPANY POLICY NUMBER 4D7 13 11 15 HEP INC. EFF DATE 042814 EXP DATE 042815 TERRORISM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 031314 FORM IL8384A 01 08 003 LN 4D71311 1501 HEP INC. EFF DATE 042814 EXP DATE 0428 TERRORISM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORISM NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
AEMClnsurance Companies EMCASCO INSURANCE COMPANY POLICY NUMBER 4D7 13 11 15 HEP INC. EFF DATE 042814 EXP DATE 042815 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. OSURE PURSUANT M RISK INSURANC S CHEDULE Terrorism Premium Certified Acts A. Premium through end of year 123114 106.00 B. Premium beyond the date specified above 50.00 Refer to paragraph D. below A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under that act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a2 share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. D. PREMIUM BEYOND THE YEAR SPECIFIED IN THE SCHEDULE ABOVE The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the Schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the Schedule shall be attributable to coverage for terrorism acts certified under the act. If the Federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B of the schedule shall be attributable to that coverage for terrorism. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 031314 continued FORM IL8383.5 01 08 003 LN 4D71311 1501 This disclo disclosure This disclo and conditi A. DISCLOSUI In accor required your prer certifiec to such the poli B. DISCLOSUI The Unite a share federal insured However certifiec in a Proc not make that exce C. CAP ON T2 If aggrec under the Program 1 insurer not be 11 losses tl up to the with proc D. PREMIUM E The prem based in losses as federal g the end c unless ex is extend attributa If the Fe coverage the cover attributa to your policy in response to the he Terrorism Risk Insurance Act. nt any coverage or change the terms ye under the policy. R E PURSUANT IS8SK INSURANC d Acts f year 123114 106.00 ce specified above 50.00 below jeral Terrorism Risk Insurance Act we are ith a notice disclosing the portion of ributable to coverage for terrorism acts The portion of your premium attributable in the schedule of this disclosure or in ICIPATION IN PAYMENT OF TERRORISM LOSSES nt Department of the Treasury will pay s insured under the federal program. The f that portion of the amount of such s the applicable insurer retention. ired losses attributable to terrorist acts IN PAYMENT OF TERRORISM LOSSES attributable to terrorist acts certified surance Act exceed 100 billion in a ough December 31 and we have met our Terrorism Risk Insurance Act we shall it of any portion of the amount of such.lion and in such case insured losses t to pro rata allocation in accordance by the Secretary of the Treasury. IFIED IN THE SCHEDULE ABOVE ts of terrorism coverage is calculated. participation in payment of terrorism errorism Risk Insurance Act. The by the Act is scheduled to terminate at d in the Schedule of this endorsement al government. If the federal program wn in B in the Schedule shall be terrorism acts certified under the act. nates your policy will still contain sm unless you have elected to exclude hown in B of the schedule shall be e for terrorism. | 2 |
A EMC Insurance Companies Page 2 EMCASCO INSURANCE COMPANY POLICY NUMBER 4D7 13 11 15 HEP INC. EFF DATE 042814 EXP DATE 042815 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 031314 FORM IL8383.5 01 08 003 N 4D71311 1501 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCLOSURE P UR RISM RISK IN THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission | 2 |
AV EMC Insurance Companies EMCASCO INSURANCE COMPANY NAMED INSURED ENDORSEMENT POLICY PERIOD FROM 042814 TO 042815 POLICY NUMBER 4D7 13 11 15 NAMED INSURED PRODUCER HEP INC. LOCKTON COMPANIES LLC 5831 S 58TH ST STE C 1015 N 98TH ST STE 101 LINCOLN NE 68516 3649 OMAHA NE 68114 2357 AGENT BB 8210 AGENT PHONE 402 970 6100 AGENCY BILL JACK H. STRUYK JR THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. o e e ENDORSEMENT EFFECTIVE DATES 042814 TO 042815 o IT I TOCITIIITTIITITII TN IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED HEP INC. NO. 02 DARYLL LIGHTNER NO. 03 TAMI LIGHTNER NO. 04 HI COMPANY NO. 05 RUNWAY PARTNERSHIP NO. 06 DL COMPANY PLACE OF ISSUE OMAHA NE DATE OF ISSUE 031314 FORM IL7130A ED. 04 01 003 LN 4D71311 1501 NAMED INSURED ENDO POLICY PERIOD FROM 042814 TO 042815 5831 S 58TH ST STE C 1015 N 98TH ST STE 101 LINCOLN NE 68516 3649 OMAHA NE 68114 2357 AGENT BB 8210 AGENT PHONE 402 970 6100 ACEAIAY DTT T vt Ty T IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED HEP INC. NO. 02 DARYLL LIGHTNER NO. 03 TAMI LIGHTNER NO. 04 HI COMPANY NO. 05 RUNWAY PARTNERSHIP NO. 06 DL COMPANY PLACE OF ISSUE OMAHA NE OLICY. | 2 |
A EMC Insurance Companies EMCASCO INSURANCE COMPANY POLICY NO 4D7 13 11 15 HEP INC EFF DATE 042814 EXP DATE 042815 GENERAL LIABILITY SCHEDULE PRODUCTS COMPL OPS ALL OTHER CODE NO.EXPOSURE CLASSIFICATION RATE ADVANCE PREM RATE ADVANCE PREM LOCATION 001 16527 PLUMBING SUPPLIES AND FIXTURES DEALERS AND DISTRIBUTORS PREMIUM BASIS 1 1 0.5391 0 1 THOUSANDS OF GROSS SALES EXPOSURE IF ANY SUBLINE 336334 1 63010 1 i DWELLINGS ONE FAMILY s LESSOR S RISK ONLY 4 PREMIUM BASIS I EACH DWELL EXPOSURE 1 1 SUBLINE 334 1 87224 1 25 CONTRACTORS EXTENDED PROPERTY 1 i DAMAGE ENDORSEMENT 1 SEE FORM CG7253 PREMIUM BASIS 1 FLAT CHARG EXPOSURE 1 SUBLINE 334 1 87654 200 COVERAGE FOR INJURY TO CO EMPLOYEES AND OR YOUR OTHER VOLUNTEER WORKERS SEE FORM CG7140 PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 87711 DAMAGE TO PREMISES RENTED TO YOU LIMITS PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 87741 LIMITED POLLUTION COVERAGE WORKSITES PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 DATE OF ISSUE 031314 BPP CONTINUED FORM CG7001A ED.10 12 BPP 022714 003 LN 4D71311 1501 HEP INC IES AND FIXTURES STRIBUTORS S GROSS SALES oy TENDED PROPERTY MENT 3 S P S PR TON COVERAGE SR | 2 |
A EMC Insurance Companies PAGE 2 EMCASCO INSURANCE COMPANY POLICY NO 4D7 13 11 15 HEP INC EFF DATE 042814 EXP DATE 042815 TY SCHEDULE PRODUCTS COMPL OPS ALL OTHER CODE NO.EXPOSURE CLASSIFICATION RATE ADVANCE PREM RATE ADVANCE PREM 87747 AMENDMENT AGGREGATE LIMITS OF INSURANCE PER LOCATION SEE FORM CG7428 t PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 87748 1 AMENDMENT AGGREGATE LIMITS OF INSURANCE PER PROJECT SEE FORM CG7429 PREMIUM BASIS FLAT CHARG 1 1 EXPOSURE 1 SUBLINE 334 87780 CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS BLANKET ADDL INSUREDS PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 1 87786 BLANKET WAIVER OF SUBROGATION PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 87808 ELECTRONIC DATA LIABILITY PREMIUM BASIS 1 1 FLAT CHARG EXPOSURE 1 SUBLINE 334 i DATE OF ISSUE 031314 BPP CONTINUED FORM CG7001A ED.10 12 BPP 022714 003 LN 4D71311 1501 HEP INC GENERAL L GREGATE LIMITS. LOCATION S OF GREGATE LIMITS. PROJECT 9 St S OF SR. OF SUBROGATION S PR A LIABILITY S | 2 |
A EMC Insurance Companies PAGE 3 EMCASCO INSURANCE COMPANY POLICY NO 4D7 13 11 15 HEP INC EFF DATE 042814 EXP DATE 042815 GENERAL LIABILITY SCHEDULE CONTINUED PRODUCTS COMPL OPS ALL OTHER CODE NO.EXPOSURE CLASSIFICATION RATE ADVANCE PREM RATE ADVANCE PREM 87825 1130.6801 131 EMPLOYEE BENEFITS LIABILITY COVERAGE i PREMIUM BASIS PER EMP EXPOSURE 27 SUBLINE EBL 1000 DEDUCTIBLE APPLIES EACH EMPLOYEE 87830 18 746 CONTRACTORS OCCURRENCE DEFINITION PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 91250 19.4171 0 3.9031 0 BOILER INSPECTION INSTALLATION CLEANING OR REPATR PREMIUM BASIS THOUSANDS OF PAYROLL EXPOSURE IF ANY i SUBLINE 336334 1 91580 t7.3411 330 CONTRACTORS EXECUTIVE SUPERVISORS OR EXECUTIVE SUPERINTENDENTS 4 PREMIUM BASIS THOUSANDS OF PAYROLL i EXPOSURE 45000 SUBLINE 334 91581 0.2121 0 0.2541 0 CONTRACTORS SUBCONT WORK IN CONNECT WITH CONSTRUCT RECONSTRUCT ERECTION OR REPAIR NOT BLDGS NOC PREMIUM BASIS 1 THOUSANDS OF TOTAL COST EXPOSURE IF ANY SUBLINE 336334 DATE OF ISSUE 031314 BPP CONTINUED FORM CG7001A ED.10 12 BPP 022714 003 LN 4D71311 1501 HEP INC GENERAL L FITS LIABILITY SIS 27 EBL TIBLE APPLIES A NSTALLATION LL T | 2 |
A EMIC Insurance Companies PAGE 4 EMCASCO INSURANCE COMPANY POLICY NO 4D7 13 11 15 HEP INC EFF DATE 042814 EXP DATE 042815 LITY SCHEDULE NUED PRODUCTS COMPL OPS ALL OTHER CODE NO.EXPOSURE CLASSIFICATION RATE ADVANCE PREM RATE ADVANCE PREM 91583 0.160 0 CONTRACTORS SUBCONT WORK IN CONNECT WITH BUILD CONST RECON REPAIR OR ERECT ONE OR TWO FAMILY DWELL PREMIUM BASIS THOUSANDS OF TOTAL COST EXPOSURE IF ANY SUBLINE 336334 91585 0.160 50 CONTRACTORS SUBCONT WORK IN CONNECT WITH CONST RECONST REPAIR OR EREC TION OF BUILDINGS NOC PREMIUM BASIS THOUSANDS OF TOTAL COST EXPOSURE 313300 SUBLINE 336334 94007 EXCAVATION PREMIUM BASIS THOUSANDS OF PAYROLL. EXPOSURE IF ANY SUBLINE 336334 98482 12.305 11936 PLUMBING COMMERCIAL AND INDUSTRIAL PREMIUM BASIS THOUSANDS OF PAYROLL 1 EXPOSURE 970000 SUBLINE 336334 ADDITIONAL INTEREST 1 334 50 BLANKET WHERE REQUIRED MANAGERS OR LESSORS OF PREMISES G2011 1 ADDITIONAL INTEREST 2 334 75 AUTOMATIC STATUS LESSOR OF LEASED EQUIPMENT G2034 ADDITIONAL INTEREST 3 334 BLANKET WHERE REQUIRED STATE GOVT AGCY SUBD POLIT SUBD T G2012 ADDITIONAL INTEREST 4 334 CITY OF LINCOLN OWNERS LESSEES OR CONTRACTORS.. G2010 25 DATE OF ISSUE 031314 BPP CONTINUED FORM CG7001A ED.10 12 BPP 022714 003 LN 4D71311 1501 HEP INC GENERAL L J T SIS OF PAYROLL IF ANY e e my IAL AND ROLL 70000 r ST 1 334 PLUMBING COMMERCIAL AND INDUSTRIAL PREMIUM BASIS THOUSANDS OF PAYROLL EXPOSURE 970000 SUBLINE 336334 ADDITIONAL INTEREST 1 334 BLANKET WHERE REQUIRED MANAGERS OR LESSORS OF PREMISES G2011 ADDITIONAL INTEREST 2 334 AUTOMATIC STATUS LESSOR OF LEASED EQUIPMENT G2034 ADDITIONAL INTEREST 3 334 BLANKET WHERE REQUIRED STATE GOVT AGCY SUBD POLIT SUBD T G2012 ADDITIONAL INTEREST 4 334 CITY OF LINCOLN OWNERS LESSEES OR CONTRACTORS.. G2010 t | 2 |
AV EMC Insurance Companies PAGE 5 EMCASCO INSURANCE COMPANY POLICY NO 4D7 13 11 15 HEP INC EFF DATE 042814 EXP DATE 042815 GENERAL LIABILITY SCHEDULE CONTINUED PRODUCTS COMPL OPS ALL OTHER CODE NO.EXPOSURE CLASSIFICATION RATE ADVANCE PREM RATE ADVANCE PREM ADDITIONAL INTEREST 5 334 0 OWNERS LESSEES OR CONTRACTORS.. t SEE FORM IL12010199 i i CG2010 98820 SEWER MAINS OR CONNECTIONS CONSTRUCTION PREMIUM BASIS THOUSANDS OF PAYROLL EXPOSURE 18900 SUBLINE 336334 99946 WATER MAIN OR CONNECTIONS CONSTRUCTION PREMIUM BASIS THOUSANDS OF PAYROLL EXPOSURE IF ANY SUBLINE 336334 PREMIUM FOR CERTIFIED ACTS OF TERRORISM 156.00 TOTAL ESTIMATED POLICY PREMIUM 19650.00 1 OTHER THAN NOT FOR PROFIT 2 NOT FOR PROFIT 3 INCLUDING PRODUCTS AND OR COMPLETED OPERATIONS UNLESS OTHERWISE EXCLUDED 4 PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 5 A 250 PD DEDUCTIBLE PER CLAIM APPLIES TO CUSTOMERS AUTOS UNLESS OTHERWISE DESIGNATED BY THIS CLASSIFICATION CODE 6 FOR SPRAY PAINTING OPERATIONS A PD DEDUCTIBLE OF 250 PER CLAIM APPLIES UNLESS A HIGHER DEDUCTIBLE IS OTHERWISE DESIGNATED FOR THIS CLASSIFICATION CODE LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED RATED LOCATIONS LOC 001 5831 S 58TH ST STE C LINCOLN NE 68516 3649 DATE OF ISSUE 031314 BPP FORM CG7001A ED.10 12 BPP 0227714 003 LN 4D71311 1501 HEP INC GENERAL L P INECTIONS ROLL 18900 NECTIONS ROLL ANY CLASSIFICATION CODE LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED RATED LOCATIONS LOC 001 5831 S 58TH ST STE C LINCOLN NE 68516 3649 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE ENDORSEMENT Policy Period From 042814 CRANGE ENVUUROSEMIENT To 042815 POLICY NUMBER 4D7 13 1115 Named Insured HEP INC. Endorsement Effective Date 042814 EMC Insurance Companies Employers Mutual Casualty Company EMCASCO Insurance Company Union Insurance Company of Providence x Dakota Fire Insurance Company Illinois EMCASCO Insurance Company 7 EMC Property Casualty Company Hamilton Mutual Insurance Company Coverage Provided by the Company Designated X Above CHANGES WORDING FOR FORMS CG2010 AND CG2037 ANY OR ALL PERSONS OR ORGANIZATIONS SUBJECT TO A WRITTEN CONTRACT REQUIRING ADDITIONAL INSURED STATUS EXCEPT WHERE THE CONTRACT REQUIRES COVERAGE TO BE PRIMARY AND NON CONTRIBUTORY. any Aanma Additional Premium Return To be adjusted at Audit 031314 OMAHA NE Date and Place of Issue Form IL1201 Rev. 1 99 Countersigned By | 2 |
COMMERCIAL GENERAL LIABILITY QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE COVERAGE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured And Mailing Address Policy Period Description Of Business And Location Coverages And Limits Of Insurance SECTION COVERAGES Coverage A Insuring Agreement.................. Bodily Injury And Property Damage Liability Exclusions............... i Coverage B Insuring Agreement Personal And Advertising Injury Liability Exclusions............................ Coverage C Insuring Agreement...................... Medical Payments Exclusions. Supplementary Payments....... DI SECTION II WHOISANINSURED..................... i SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS.... Bankruptcy...... Duties In The Event Of Occurrence Offense Claim Or Suit............................. Legal Action Against Us. Other Insurance Premium Audit Representations... Separation Of Insureds Transfer Of Rights Of Recovery Agamst Others ToUs...... When We Do Not Renew SECTIONV DEFINITIONS....................... i B COMMON POLICY CONDITIONS Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS If Any Beginning on Page CG700310 13 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured 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 Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 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 I 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. 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. 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 0f 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 alcohof 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 altemnative 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. CG 00010413 Insurance Services Office Inc. 2012 Page 2 of 16 | 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 Ator 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 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 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 iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Atorfrom any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
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 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 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 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or CG 00010413 Insurance Services Office Inc. 2012 Page 4 of 16 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section It Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. B4 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 fiability 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 |
2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. 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. 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 c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Wil 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 I 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. CG 00010413 Insurance Services Office Inc. 2012 Page 6 of 16 | 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 intelflectual 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. j 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. Poilution 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 poliutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 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. 3 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 regardiess 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.. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. g.. 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.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the operations hazard. Coverage A Exclusions Excluded under Coverage A. products completed SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. All reasonable expenses All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of eamings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. 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. CG 00010413 Insurance Services Office Inc. 2012 Page 8 of 16 | 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 assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the 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 b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available 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. liability 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 settiements 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. insurance Services Office Inc. 2012 CG 00010413 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 b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect 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 Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. al health ustody or cal control e g CG 00010413 Insurance Services Office Inc. 2012 Page 10 of 16 | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 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 Insurance Services Office Inc. 2012 Page 11 of 16 CG 00010413 | 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. b. 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. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section 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 fo 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. 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 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. 14 L 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 3 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 settiement 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. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fuffill 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 fuffilling the terms of the contract or agreement. Insurance Services Office inc. 2012 CG 00010413 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 A sidetrack agreement 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 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 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 0 b 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 watercratft 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.. 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. Insurance Services Office Inc. 2012 CG 00010413 Page 14 of 16 | 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 resuriacmg 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 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. 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. 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 compiete will be treated as completed. c b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 3 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. 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. Insurance Services Office Inc. 2012 CG 00010413 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 ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton 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 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 04351207 POLICY NUMBER 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 each employee s s Programs aggregate Retroactive Date Information required to complete this Schedule if not shown above will be shown in the Declarations. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. 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 HI 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. b. 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. c. Aclaim 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 of 6 o | 2 |
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 2. Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 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. 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 a. 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. CG 04351207 o IS0 Properties Inc. 2006 Page20f 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 Ili 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 IS0 Properties Inc. 2006 CG 04351207 Page 3 of 6 a | 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 settiement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and selfinsured 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. ISO Properties Inc. 2006 CG04351207 0O Page 4of 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 Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. 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 n employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. Page 50f 6 o I1SO Properties Inc. 2006 CG 04351207 | 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 Defini tions Section are replaced by the following 5. Employee means a person actively em 18. 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. Page 6 of 6 1SO Properties Inc. 2006 CG 04351207 m | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.