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Waiver Of Subrogation Blanket Endorsement THIS END ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement which is executed before a loss to waive your rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U GL925 B CW 1201 Page 1 of | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART OCCURRENCE DECLARATIONS Policy Number GLO 3707383 13 Named Insured D.C. TAYLOR CO. Policy Period Coverage begins 04 01 2016 Producer Name LOCKTON COMPANIES LLC Producer No. 28832 806 04 01 2016 at1201 AM Coverage ends 04 01 2017 at1201 AM Item 1. Limits of Insurance 2000000 Aggregate Limit 1000000 Each Act Error or Omission Limit Item 2. Form of Business Individual Partnership Joint Venture X Corporation other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees 92100 140 INCL Per Employee INCL INCL Flat Charge INCL Total Advance Premium For This Coverage Part INCL Audit Period X Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Advance Premium U GL D851 B CW 904 Page Lof | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 3707383 13 ZURICH AMERICAN INSURANCE COMPANY Named Insured D.C. TAYLOR CO. Policy Period Coverage begins 04 01 2016 at1201 AM. Coverageends 04 01 2017 at1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 28832 806 Item 1. Business Description Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 4000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 4000000 EACH OCCURRENCE LIMIT 2000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 2000000 Any one person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here NONE Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 335725.00 Other Premium 25.00 Total Premi COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 3707383 13 ZURICH AMERICAN INSURANCE COMPANY Named Insured D.C. TAYLOR CO. Policy Period Coverage begins 04 01 2016 at1201 AM. Coverageends 04 01 2017 at1201 AM. ENERAL AGGREGATE LIMIT ENERAL AGGREGATE LIMIT 4000000 RODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 4000000 ACH OCCURRENCE LIMIT 2000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person ERSONAL AND ADVERTISING INJURY LIMIT 2000000 Any one person or organization 300000 Any one premises 10000 Any one person 2000000 Any one person or organization UGL D1115B CW 904 | 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 Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that pbodily 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. his policy restrict coverage. arefully to determine rights 1ot covered. e words you and your refer own in the Declarations and nization qualifying as a Named y. The words we us and providing this insurance. S any person or organization or Section Il Who Is An es that appear in quotation ining. Refer to Section V S INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit wvaaes. However. we will have 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location iil 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 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 c which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
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 monitoril cleaning up removing contai 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 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 f.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. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 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 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 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 Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 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.. Personal And Advel 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 lmpaired 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. ing 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 ROMSs 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 usion does not apply to ded in the products ard. ur product arising out ir work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions 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 Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to 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. ance applies to this coverage 1 Il Limits Of Insurance. IAL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv to which this Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution publishing or Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 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 4 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS d. 1. Insuring Agreement a. We will pay medical expenses as described Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are below for bodily injury caused by an accident 1 On premises you own or rent payable or must be provided under a workers compensation or disability benefits law or a similar law. 2 On ways next to premises you own or rent e. Athletics Activities or. To a person injured while practicing instructing 3 Because of your operations or participating in any physical exercises or provided that games sports or athletic contests. a The accident takes place in the coverage f. Products Completed Operations Hazard territory and during the policy period Included within the products completed b The expenses are incurred and reported operations hazard. to us within one year of the date of the g. Coverage A Exclusions accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend These payments will not exceed the applicable a. All expenses we incur. limit of fns.urance. We will pay reasonable b. Up to 250 for cost of bail bonds required expenses for because of accidents or traffic law violations 1 First aid administered at the time of an arising out of the use of any vehicle to which the accident Bodily Injury Liability Coverage applies. We do 2 Necessary medical surgical X ray and dental not have to furnish these bonds. services including prosthetic devices and c. The cost of bonds to release attachments but 3 Necessary ambulance hospital professional OIY for bond amounts within the appllqabe limit nursing and funeral services of insurance. We do not have to furnish these. bonds. 2. Exclusions N e d. All reasonable expenses incurred by the insured We will not pay expenses for bodily injury at our request to assist us in the investigation or a. Any Insured defense of the claim or suit including actual To any insured except volunteer workers. I955 of earnings up to 250 a day because of Hired Per time off from work. Fire rson. e. All court costs taxed against the insured in the To a person hired to do work for or on behalf of suit. However these payments do not include any insured or a tenant of any insured. attorneys fees or attorneys expenses taxed. Injury On Normally Occupied Premises against the insured. To a person injured on that part of premises you f. Prejudgment interest awarded against the own or that the occupies. rent person normally 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. as described an accident u own or rent 1 the coverage icy period 1 and roannrtad Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured 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 Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to 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. b c d 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 Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual 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. lit and the information rence are such that no etween the interests of sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 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.. 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. damages with or repay someone elsg vhc No person or organization is an insured with respect to must pay damages because of the injury the conduct of any current or past partnership joint described in Paragraph 1a or b venture or limited liability company that is not shown as above or a Named Insured in the Declarations. d Arising out of his or her providing or SECTION lIl LIMITS OF INSURANCE falling to provide professional health care 1. The Limits of Insurance shown in the Declarations services. and the rules below fix the most we will pay 2 Property damage to property regardless of the number of a Owned occupied or used by a. Insureds b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage Aand b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 2 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. vioLUiTpieieu Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented oy you with e last preceding period for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. i iil v c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. 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.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.. Hostile fire 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 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. 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. Itincorporates 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 fulfiling the terms of the contract or agreement. Wiy deeiylivid it e lamed Insured this vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured show in CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12. 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..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. agreement except in ruction or demolition feet of a railroad ired by ordinance to except in connection ty SN rearant s Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
1 14. 1 3. o However self propelled vehicles with the 16.Products completed operations hazard following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 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. b. c. False arrest detention or imprisonment 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. 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. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or 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.. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. 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. equipment but will be imarily for but not construction milar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses nprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or aee a pereon s or. TR dam or r wort 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product 18. 19. a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or 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 warnings or instructions. failure to provide failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
COMMERCIAL GENERAL LIABILITY CG 00650413 ELECTRONIC DATA LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. SECTION COVERAGES DAMAGE TO ELECTRONIC DATA LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of loss of electronic data 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 to which this insurance does not apply. We may at our discretion investigate any electronic data incident 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 Limit Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to loss of electronic data only if 1 The loss of electronic data Is caused by an electronic data incident b Takes place in the coverage territory and c Did not occur before the Retroactive Date if any shown in the Declarations or after the end of the policy period and 2 A claim for damages because of the loss of electronic data is first made against any insured in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Period. c. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make a settlement in accordance with Paragraph a. above. All claims for damages because of loss of electronic data arising out of an electronic data incident shall be deemed to have been made at the time the first of those claims is made against any insured. A claim received and recorded by the insured within 30 days after the end of the policy period will be considered to have been received within the policy period. However this 30 day period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for the exhaustion of the amount of insurance applicable to such claims. 2. Exclusions This insurance does not apply to a. Expected Or Intended Loss Loss of electronic data expected or intended from the standpoint of the insured. CG 00650413 Insurance Services Office Inc. 2012 Page 10f 7 | 2 |
Contractual Liability Loss of electronic data for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Computer Products Or Services Exclusion Loss of electronic data arising out of a negligent act error or omission by or for you or anyone acting on your behalf in providing computer products or services.. Bodily Injury Property Damage Or Personal And Advertising Injury Damages that are bodily injury property damage or personal and advertising injury. Damage To Your Data Loss of electronic data that 1 Is owned by you 2 Was developed by or for you or 3 Is your work or your product. Performance Of A Contract Loss of electronic data arising out of a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.. Infringement Of Intellectual Property Rights Loss of electronic data arising out of or resulting from the actual or alleged infringement of trademark copyright patent trade secret or other intellectual property rights.. Unauthorized Use Of Electronic Data Loss of electronic data arising out of theft or unauthorized viewing copying use corruption manipulation or deletion of electronic data by any Named Insured past or present employee temporary worker or volunteer worker of the Named Insured.. Violation Of An Antitrust Law Any claim for damages arising out of the violation of an antitrust law. j Criminal Or Fraudulent Acts Loss of electronic data arising out of a criminal or fraudulent act committed by or at the direction of the insured. SUPPLEMENTARY PAYMENTS We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. 2. All expenses we incur. 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.. 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. L. 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.. 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. 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. Page 20of 7 Insurance Services Office Inc. 2012 CG 00650413 | 2 |
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. 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 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 does not apply to loss of electronic data that occurred 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 Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limitis the most we will pay for the sum of all damages because of loss of electronic data. 3. Subject to Paragraph 2. above the Each Electronic Data Incident Limit is the most we will pay for the sum of all damages because of the loss of electronic data arising out of any one electronic data incident. 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 ELECTRONIC DATA 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 An Electronic Data Incident a. You must see to it that we are notified as soon as practicable once you or any insured listed under Paragraph 1. of Section Il Who Is An Insured know or suspect that an electronic data incident has occurred which may result in a claim. To the extent possible notice should include 1 How when and where the known or suspected electronic data incident took place 2 The name and address of any person or organization whose electronic data was lost or damaged and The nature and location of any damage arising out of the known or suspected electronic data incident. Notice of a known or suspected electronic data incident is not notice of a claim. b. If a claim is received by any insured you must 1 Immediately record the specifics of the claim 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 as soon as practicable. c. You and any other involved insured must 1 Immediately send wus copies of any demands notices summonses or legal papers received in connection with the claim or suit 3 CG 00650413 Insurance Services Office Inc. 2012 Page 3of 7 | 2 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense. 3. 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. 4. Other Insurance If any other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part this insurance is excess over such other insurance unless that other insurance was bought specifically to apply in excess of the Limit of Insurance shown in the Declarations of this Coverage Part. 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. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. 3 4 We will share the remaining loss if any with any other insurance.. 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.. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations.. 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.. 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. Page 4of 7 Insurance Services Office Inc. 2012 CG 00650413 | 2 |
If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period from us if a. This Coverage Part is canceled or not renewed for any reason or b. We renew or replace this Coverage Part with insurance that 1 Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part or 2 Does not apply to loss of electronic data on a claims made basis. 2. An Extended Reporting Period as specified in Paragraph 1. above lasts three years and is available only by endorsement and for an additional charge. You must give us a written request for the Extended Reporting Period Endorsement within 30 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due and any premium or deductible you owe us for coverage provided under this policy. Once in effect the Extended Reporting Period may not be canceled. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The exposures insured b. Previous types and amounts of insurance c. Limits of Insurance available under this policy for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this policy. 3. The Extended Reporting Period starts with the end of the policy period and does not extend the policy period or change the scope of coverage provided. It applies only to claims to which the following applies a. The claim is first made during the Extended Reporting Period b. The loss of electronic data occurs before the end of the policy period and c. The loss of electronic data did not commence before the Retroactive Date if any. 4. The Extended Reporting Period Endorsement applicable to this coverage shall set forth the terms not inconsistent with this section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 5. The Extended Reporting Period does not reinstate or increase the Limits of Insurance. SECTION VI 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. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 3. Coverage territory means all parts of the world provided the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada or in a settlement we agree to. 4. Computer products or services means a. Manufacturing developing designing creating selling handling marketing distributing licensing or disposing of computer or electronic goods by you or on your behalf. Computer or electronic goods includes but is not limited to 1 Computer software or computer programming 2 Electronic or computer equipment components or peripherals 3 Communications or broadcasting equipment or 4 Industrial or robotic equipment and any containers other than vehicles materials parts or equipment furnished in connection with such computer or electronic goods by you or on your behalf or CG 00650413 Insurance Services Office Inc. 2012 Page 50f 7 | 2 |
10. b. Computer related services performed by you or on your behalf including but not limited to 1 Installation testing service maintenance technical support repair integration networking consulting or analysis of or training for a Computer software or computer programming b Electronic or computer equipment components or peripherals c Communications or broadcasting equipment or d Industrial or robotic equipment 2 Processing storage transmission or other handling of electronic data for others or 3 Provision of broadcasting or communication services for others or consulting evaluating or advising on such services including but not limited to broadcasts or communications via television cable satellite radio Internet wireless transmissions or cellular transmissions.. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Electronic data incident means an accident or a negligent act error or omission or a series of causally related accidents negligent acts or errors or omissions which results in loss of electronic data.. 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 by laws or any other similar governing document.. 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. Loss of electronic data means damage to loss of loss of use of corruption of inability to access or inability to properly manipulate electronic data. 11. 12. 13. 14. 15. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 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 electronic data incident that caused it. For the purposes of this insurance electronic data is not tangible property. Suit means a civil proceeding in which damages because of loss of electronic data to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Page 6 of 7 Insurance Services Office Inc. 2012 CG 00650413 | 2 |
16. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 17.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 00650413 Insurance Services Office Inc. 2012 Page 7of 7 | 2 |
Policy Number GLO 3707383 13 ELECTRONIC DATA LIABILITY ENDORSEMENT Named Insured D.C. TAYLOR CO. Effective Date 04 01 2016 1201 A M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 806 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury And Property Damage Liability in Section Coverages is replaced by the following 2. Exclusions This insurance does not apply to p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. However this exclusion does not apply to liability for damages because of bodily injury.. The following paragraph is added to Section Ill Limits Of Insurance Subject to 5. above the Loss Of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence.. The following definition is added to the Definitions section 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.. For the purposes of the coverage provided by this endorsement the definition of property damage in the Definitions section is replaced by the following 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 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 or. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data 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. U GL1114 A CW 1002 ELECTRONIC DATA LIABILITY ENDORSEMENT amed Insured D.C. TAYLOR CO. Effective Date 04 01 2016 1201 A M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 28832 806 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. iis endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE oss Of Electronic Data Limit 1000000 formation required to complete this Schedule if not shown above will be shown in the Declarations. ELECTRONIC DATA LIABILITY ENDORSEMENT Effective Date 04 01 2016 1201 A M. Standard Time does not apply to Nata Uy W aliyivit pivpeity LUy alf TEoUlititly Wee UL Uet VI ial pivpeily. Al oUil IWos VI Uot ot deemed to occur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at t time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electror data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. | 2 |
Z ZURICH Contractors Liability Supplemental Coverages And Conditions Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part NON OWNED WATERCRAFT SCHEDULE Watercraft Length feet If no amount is shown above 51 feet applies. A. Non owned Watercraft Liability Extended Coverage Paragraph 2 of Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2 A watercraft you do not own that is a Less than the length shown in the Non Owned Watercraft Schedule of this endorsement and b Not being used to carry persons or property for a charge B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section Ill Limits Of Insurance. The paragraph directly following Paragraph 6 in Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage to premises other than damage by specific perils including property damage to the contents of such premises rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section Il Limits Of Insurance. 3. Paragraph 6. of Section Ill Limits Of Insurance is replaced by the following 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 one or more specific perils to any one premises while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the insured contract definition under the Definitions Section is replaced by the following ne UGL1060 E CW 0413 Page 10 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 specific perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract Paragraph ii under Paragraph 4.b.1 of the Other Insurance Condition under Section IV Commercial General Liability Conditions is replaced by the following i That is property insurance providing coverage for specific perils for premises rented to you or temporarily occupied by you with permission of the owner The following definitions are added to the Definitions Section Specific perils means fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment weight of snow ice or sleet or water damage. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C. Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in a written contract or written agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Additional Insured Managers Or Lessors Of Premises 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations that you have agreed in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership maintenance or use of that part of premises leased to you and subject to the following additional exclusions This insurance does not apply to a. Any occurrence which takes place after you cease to be a tenant in that premises. b. Structural alterations new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and UGL1060 E CW 0413 Page 20f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured State Or Governmental Agency Or subdivision Or Political Subdivision Permits Or Authorizations 1. Section Il Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute ordinance or regulation to name as an additional insured subject to the following provisions a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Personal And Advertising Injury Coverage Assumed Under Contract Or Agreement 1. Exclusion e. of Section I Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if UGL1060 E CW 0413 Page 30f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a The liability pertains to your business and is assumed in a contract or agreement that is an insured contract and b The personal and advertising injury occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability so assumed in such insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same contract or agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this personal and advertising injury coverage only Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments Coverages A and B are replaced by the following d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee 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. Such payments will not be deemed to be damages for bodily injury property damage or personal and advertising injury and will not reduce the limits of insurance. G. Insured Contract Amendment Paragraph f. and f.1 through f.3 of the insured contract definition under the Definitions Section is replaced by the following f. 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 to pay for bodily injury property damage or personal and advertising injury 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 property damage or personal and advertising injury 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 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 4 That indemnifies a person or organization for personal and advertising injury a Arising out of advertising publishing broadcasting or telecasting done for you or on your behalf or b To an employee of such person or organization that does advertising publishing broadcasting or telecasting for you or on your behalf or 5 That indemnifies a labor leasing firm for bodily injury to leased workers. UGL1060 E CW 0413 Page 4 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
H. Medical Payments Increased Reporting Period Paragraph a. of Section Coverage C Medical Payments is replaced by the following 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 three years 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. I. Broad Bail Bond Coverage Paragraph 1.b. under Supplementary Payments Coverages A And B is replaced by the following b. The 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. J. Amendment Duties In The Event of Occurrence Offense Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions Notice of an occurrence or of an offense which may result in a claim under this insurance or notice of a claim or suit shall be given to us as soon as practicable after knowledge of the occurrence offense claim or suit has been reported to your officer manager partner or an employee authorized by you to give or receive such notice. Knowledge by employees other than your officer manager partner or employee authorized by you to give or receive such notice of an occurrence offense claim or suit does not imply that you also have such knowledge. In the event that an insured reports an occurrence to your workers compensation carrier and this occurrence later develops into a General Liability claim covered by this Coverage Part the insured s failure to report such occurrence to us at the time of the occurrence shall not be deemed to be a violation of this Condition. You must however give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV Commercial General Liability Conditions is replaced by the following 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 c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally 1 Fail to disclose all hazards existing at the inception of this policy or 2 Make an error omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily Injury Redefined The bodily injury definition under the Definitions Section is replaced by the following UGL1060 E CW 0413 Page 50f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease.. Two Or More Of Our Coverage Parts Policies The following is added to Section Ill Limits of Insurance 1. Subject to Paragraph 2. or 3. above whichever applies if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same occurrence only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such occurrence. Subject to Paragraph 2. above if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply the most we will pay for all injury or damage because of bodily injury or property damage occurrences personal and advertising injury offenses and medical expenses is a. The single highest Coverage Part or policy General Aggregate Limit or b. The single highest Coverage Part or policy Products Completed Operations Aggregate Limit whichever applies whether such occurrence offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. Any existing provisions under Paragraph 4. Other Insurance under Section IV Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1. 2. and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part.. Your Work Redefined Paragraph a.1 of the your work definition under the Definitions Section is replaced by the following 22. Your work a. Means 1 Work or operations performed by you or on your behalf but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Declarations which terminated or ended prior to the effective date of this policy and All other terms and conditions of this policy remain unchanged. UGL1060 E CW 0413 Page 6 0f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS END ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured D.C. TAYLOR CO. Address including ZIP Code 312 29TH ST NE CEDAR RAPIDS IA 52406 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for oodily 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 or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. 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 involved the rendering of or the failure to render any professional architectural engineering or surveying services. UGL1175F CW 0413 Page 1 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. 2. 3. We are notified as soon as practicable of an occurrence or offense that may result in a claim We receive written notice of a claim or suit as soon as practicable and A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. For the purposes of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance F. 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement 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. All other terms and conditions of this policy remain unchanged. UGL1175F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z Welding Health Hazard Exclusion ZURICH Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Addl. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage Form Coverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section L. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1205 B CW 108 Page L of | 2 |
Z ZURICH Illinois Exclusion of Waiver of Kotecki Cap Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. Named Insured Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to paragraph f. of SECTION V DEFINITION 9. Insured Contract Paragraph f. does not include that part of any contract or agreement 4 That waives the liability limit afforded under the lllinois Workers Compensation Act. Signed by Authorized Representative Date UGL1267 A IL 052006 Page 1of 1 | 2 |
Z ZURICH Limited Operations Coverage Work Excluded Under A Consolidated Wrap Up Insurance Program Policy No. Exp. Date of Pol. Efi. Date of End. Agency No. Addl. Prem. Return Prem. N N I E N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured D.C. TAYLOR CO. Address including ZIP Code 312 29TH ST. NE P.0.BOX 97 CEDAR RAPIDS IA 52406 0097 This endorse ment modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Description and Location of Operations ANY LOCATION WHERE THE INSURED HAS OR HAD OPERATIONS INSURED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM. THIS EXCLUSION DOES NOT APPLY TO ANY LOCATION S THAT MAY BE DESCRIBED IN U GL1058 EXCESS COVERAGE FOR INSURED S INTEREST IN SPECIFIED WRAP UP PROGRAMS. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The following exclusion is added to paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing opera tions or operations included within the products completed operations hazard at the location described in the SCHEDULE of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1. Provides coverage identical to that provided by this Coverage Part 2. Has limits adequate to cover all claims or 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE for your service maintenance correction repair or replacement of the original work performed and insured under the consolidated wrap up insurance program. UGL1294 A CW 1006 Page 1 of 2 | 2 |
However this extension of coverage does not apply to damages because of bodily injury or property damage due to any service maintenance correction repair or replacement work 1. as respects the products completed operations hazard or 2. for which coverage is afforded under the consolidated wrap up insurance program. For the application of the coverage provided by this endorsement in paragraph B. above SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONSparagraph 4 Other Insurance is replaced by the following This insurance is excess over any other insurance whether primary excess contingent or on any other ba sis. If any other insurance responds or can respond to this loss we shall have the right but not the duty to defend any suit. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2. The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that may apply and that was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative UGL1294 A CW 1006 Page 2 of 2 | 2 |
Z ZURICH Lead Liability Exclusion EIf. Date of Pol. Exp. Date of Pol. Eff. Date of End. AddL Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Dam age Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 1 Bodily injury property damage or personal and advert sing injury arising out of resulting from caused by or related to the actual alleged or threatened a b Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or Manufacture distribution sale resale re branding installation repair removal encapsulation abate ment replace ment or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any se quence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a b Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other mate rial product or substance containing lead or in any way respond to or asses s the effects of lead in any form or Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or sub stance containing lead or in any way responding to or assessing the effects of lead in any form. 3 Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page L of | 2 |
Asbestos Exclusion Endorsement EIf. Date of Pol. Exp. Date of Pol. Eff. Date of End. AddL Prem r P THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have oc curred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page L of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Premium And Reports Agreement Composite Rated Policies ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under any of the following Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part Owners Contractors Protective Coverage Part Railroad Protective Coverage Part Schedule 1. Unit of Exposure O Gross sales O Area O Gallons O Each O Rooms O General Liability Payroll O Admissions O Units O Rounds played O Total Cost O Total Operating Expenditures O Occupied rooms O Licensed Autos X WORK PAYROLL O Other Premium And Reports Agreement Composite Rated Policies Schedule Coverage Description Unit of Exposure Rates Estimated Premiums IWC PAYROLL INCLUDING IMONOPOLISTIC STATES AND EXCLUDING WRAP UPS OCIP S CCIP S 8400000 3.957 332391 ESTIMATED SURCHARGES TERRORISM 391.35 3334 Add more rows as required 3. Deposit Premium 4. Minimum Premium 336.116.35 168.361 Condition 5 Premium Audit of Section IV Commercial General Liability Conditions is replaced by the following 5. Premium Audit We will compute all premiums for this Coverage Part according to our rules and the composite rates shown in the Sched ule above or attached hereto. b. For policies other than Annual Reporting the deposit premium shown in the Schedule is due and payable on the first day of the policy period. The first Named Insured will pay within 20 days following the mailing or delivery of the statement of audited premium for each audit period the earned premium due.. Within 180 days after this Coverage Part expires we will conduct an audit which may not be waived. We will compute the earned premium for the policy period by multiplying the composite rate against the total developed exposure. If the earned premium is greater than the sum of the deposit and any interim adjustment premiums the first Named Insured will U GL872 B CW 04 09 Page 1 of 2 | 2 |
pay us the excess if less we will return the unearned portion to the first Named Insured. However the earned premium will not be less than the Minimum Premium as shown in the Schedule. The first Named Insured must maintain records of the information we need for premium computation and send us copies at such times as we may request. The units of exposure shown in the Schedule are defined as follows 1. Admissions means the total number of persons other than employees of the named insured admitted to events con ducted on the insured premises whether on paid admissions tickets complimentary tickets or passes. 2. Gallons means the total number of gallons of liquefied petroleum gasses invoiced on any basis to any customer whether or not the insured actually takes possession of such gases. 3. Gross sales means gros unit. sales invoiced before discounts but does not include taxes collected for any governmental 4. Licensed auto means the final average of the number of autos at policy inception and the number of autos at policy termination. 5. Occupied rooms means the number of rooms actually rented during the policy year in a hotel or other place of lodg ing. 6. General Liability payroll means total remuneration for all employees of the insured as defined in our rating man uals. 7. Workers Compensation payroll means total remuneration for all employees of the insured as defined in our rat ing manuals. 8. Rounds played means the number of both paid and gratuitous rounds of golf played on an 18 hole golf course dur ing the policy year. Rounds that are less then 10 holes will be counted as a half round toward the total number of rounds of golf played. 9. Each means the total number of exposure units as described in the exposure basis. 10. Rooms mean the total number of rooms available for rent in a hotel or other place of lodging. 11. Total cost means the total cost of all work let or sublet in connection with each specified project including the cost of all labor material and equipment furnished used or delivered in the execution of the work however do not in clude the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and all fees bonuses or commissions made paid or due. 12. Total Operating Expenditures means expenditures including grants entitlements and shared revenue without re gard to source of revenue including accounts payable. 13. Units means a single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. 14. Area means the total number of square feet of floor space at the insured premises they occupy or lease to others. 15. Other means the unit of exposure as defined in the Unit of Exposure Schedule of this endorsement. Page2 of 2 U GL872 B CW 04 09 | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CGO01131204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES EXPERIENCE RATING MODIFICATION 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 PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Rating Date 040116 If no date is entered the Rating Date is the effective date of the policy. Information required to complete this Schedule if not shown above will be shown in the Declarations. The rates for this insurance are subject to modification as of the Rating Date as shown in the Schedule and if this policy is written for three years the next two anniversary dates of the Rating Date. In each case the modification is to be in accordance with the Manual Rules and General Liability Experience Rating Plan approved for Texas and in effect as of the respective dates. CG 01131204 ISO Properties Inc. 2003 Page 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 017907 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph f.1ai under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following i Bodily injury or property damage 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. CG 0179 07 10 Insurance Services Office Inc. 2010 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 022003 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy 2 The policy was obtained by a material Condition is replaced by the following misstatement 2. Cancellation Of Policies In Effect 3 Failure to comply with underwriting. Fe Days Or Le requirements established by the insurer a. For 90 Days Or Less within 90 days of the effective date of If this policy has been in effect for 90 days coverage or less we may cancel this policy by... mailing or delivering to the first Named 4 Asubstanvtal change in the risk covered Insured written notice of cancellation by the policy or accompanied by the reasons for 5 The cancellation is for all insureds under cancellation at least such policies for a given class of 1 10 days before the effective date of insureds. cancellation if we cancel for If we cancel this policy for any of these nonpayment of premium or reasons we will mail or deliver to the first 2 20 days before the effective date of Named. Insured written notice of cancellation if we cancel for any other cancellation accompanied by the reasons reason except we may cancel for cancellation at least immediately if there has been a 10 days before the effective date of A material misstatement or cancellation if we.cancel for misrepresentation or nonpayment of premium or b A failure to comply with the b 45 days before the effective date of underwriting requirements cancellation if we cancel for any of the other reasons stated in Paragraph 2.b. B. Paragraph 3. of the Cancellation Common Policy established by the insurer. b. For More Than 90 Days If this policy has been in effect for more Condition is replaced by the following than 90 days we may cancel this policy N.. only for one or more of the following 3. We will mail or deliver our notice to the first reasons Named Insured at the last mailing address. known to us. 1 Nonpayment of premium CG 02200312 Insurance Services Office Inc. 2011 Page 10f 2 | 2 |
C. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 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. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us we will mail the refund within 15 working days after the date cancellation takes effect unless this is an audit policy. If this is an audit policy then subject to your full cooperation with us or our agent in securing the necessary data for audit we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation then we shall accept your own audit and any premium refund due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective even if we have not made or offered a refund. D. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal accompanied by the reason for nonrenewal at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured at the last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Page 2of 2 Insurance Services Office Inc. 2011 CG 02200312 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26500413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 1.a. of Coverage C Medical Payments is replaced by the following 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 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. However expenses reported to us after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. c b The expenses are incurred and reported to us within one year of the date of the accident. However expenses reported to us after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. CG 265004 13 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 33890513 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KENTUCKY CHANGES YOUR RIGHT TO CLAIM INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CLAIMS MADE VERSION Paragraph 10. Your Right To Claim And Occurrence Information of Secton IV Commercial General Liability Conditions is replaced by the following 10. Your Right To Claim And Occurrence Information a. If we receive a written request from an insured or our agent we will provide that insured or agent the following information relating to this and any preceding general liability claims made Coverage Part we have issued to you during the previous five years 1 A list or other record of each occurrence not previously reported to any other insurer of which we were notified in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Offense Claim Or Suit Condition. We will include the date and brief description of the occurrence if that information was in the notice we received. A summary by policy year of payments made and amounts reserved stated separately under any applicable General Aggregate Limit and Products Completed Operations Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. The insured must not disclose this information to any claimant or any claimant s representative without our consent. We will provide this information to the insured or our agent within 20 days of receipt of the written request. 2 We compile claim and occurrence information for our own business purposes and exercise reasonable care in doing so. In providing this information to the insured or our agent we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. Any cancellation or nonrenewal of this Coverage Part will be effective even if we inadvertently provide inaccurate information.. If Paragraph a. does not apply and we cancel or elect not to renew this Coverage Part we will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding general liability claims made Coverage Part we have issued to you during the previous three years 1 A list or other record of each occurrence not previously reported to any other insurer of which we were notified in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Offense Claim Or Suit Condition. We will include the date and brief description of the occurrence if that information was in the notice we received. A summary by policy year of payments made and amounts reserved stated separately under any applicable General Aggregate Limit and Products Completed Operations Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. 2 CG 33890513 Insurance Services Office Inc. 2012 Page 10f 2 | 2 |
You must not disclose this information to any claimant or any claimant s representative without our consent. We will provide such information no later than 30 days before the date of policy termination. We compile claim and occurrence information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. Cancellation or nonrenewal will be effective even if we inadvertently provide inaccurate information. Insurance Services Office Inc. 2012 Page 2of 2 CG 33890513 | 2 |
Z ZURICH Limited Pollution Coverage Work Site Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem. Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Schedule Each Pollution Event Limit Of Insurance 1000000 Pollution Annual Aggregate Limit Of Insurance 2000000 Pollution Deductible Amount 5000 If a limit of insurance amount is not shown in the Schedule above the Each Pollution Event Limit Of Insurance will be 100000 and the Pollution Annual Aggregate Limit Of Insurance will be 100000. A. Subparagraph f.1d under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following d Ator from a work site. This Subparagraph d does not apply to bodily injury or property damage which occurs as a direct result of a pollution event provided each of the following conditions are met i The pollution event must occur at or emanate from a work site i The pollution event must first commence during the policy period iii The pollution event must be neither expected nor intended from the standpoint of an insured iv The pollution event must have a duration of no more than 72 hours v The pollution event must be promptly reported to us and in no event later than 30 days from the date the pollution event first commenced and vi Any claim because of bodily injury or property damage caused by a pollution event must be reported to us in writing as soon as practicable and in no event any later than 3 years after this policy has expired. However the exception to the exclusion provided above does not apply to any of the following i Bodily injury or property damage at or from any work site that has either been proposed for or included on the federal government s national priorities list Superfund site or any similar state environmental superfund or priorities list. ii Bodily injury or property damage arising out of any pollutants which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom the insured may be legally responsible. U GL1059 B CW 1214 Page 10f 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Bodily injury or property damage arising out of any pollution event at or from any work site which is or was at any time used by or for the insured or others for the handling storage disposal processing or treatment of waste. iv Bodily injury or property damage arising out of any pollution event from any underground storage tank system. v Bodily injury or property damage arising out of any failure to comply with any applicable statute regulation ordinance directive or order relating to the protection of the environment and promulgated by any government body provided that failure to comply is a willful or deliberate act or omission of the insured. vi Bodily injury or property damage at or from a Any offshore facility as defined in the following Acts 1 The Outer Continental Shelf Lands Act Amendment of 1978 or 2 The Clean Water Act of 1977 as amended in 1978 or b Any deepwater port as defined in the Deepwater Port Act of 1974 subject to any current or future amendments. vil Any obligation or liability assumed by the insured under any contract or agreement unless the insured would have that obligation or liability in the absence of said contract or agreement. Bodily injury or property damage arising out of any emission discharge release or escape of drilling fluid saline substance fracking fluids oil gas or other fluids from any oil gas mineral water or geothermal well. or property damage included within the products completed operations hazard. or property damage arising out of acid rain. Bodily injury or property damage arising out of lead paint containing lead or any other material or substance containing lead.. Solely with respect to the coverage provided by this endorsement Section lll Limits Of Insurance is amended as follows 1. Paragraph 1. is replaced by the following 1. The Limits Of Insurance shown in the Declarations the Schedule of this endorsement 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 following paragraphs are added Subject to Paragraph 2. above the Pollution Annual Aggregate Limit Of Insurance shown in the Schedule of this endorsement is the most we will pay for all damages because of bodily injury and property damage as a result of all pollution events. Subject to the Paragraph directly above the Each Pollution Event Limit Of Insurance shown in the Schedule of this endorsement is the most we will pay for all damages because of bodily injury and property damage as a result of any one pollution event.. Solely with respect to the coverage provided by this endorsement 1. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the Pollution Deductible Amount shown in the Schedule of this endorsement as applicable to such coverage. 2. The Pollution Deductible Amount shown in the Schedule of this endorsement applies on a per occurrence basis and that Pollution Deductible Amount applies to all damages because of all bodily injury and property damage U GL1059 B CW 1214 Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. 3. If any other deductible amounts is applicable to sums payable under this Coverage Part arising from the same occurrence you will be responsible for such deductible amounts in addition to the Pollution Deductible Amount shown in the Schedule of this endorsement. 4. The terms of this insurance including those with respect to a. Our right and duty to defend the insured against any suits seeking those damages and b. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the Pollution Deductible Amount shown in the Schedule of this endorsement. Notwithstanding the above the exceptions to the exclusions provided under this endorsement apply. 5. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. D. Solely with respect to this endorsement Paragraph 4. Other Insurance of Section IV Commercial General Liability Conditions is replaced by the following 4. Other Insurance If other applicable insurance is available to any insured for a loss we cover under this insurance our obligation to any insured is as follows a. This insurance shall apply as excess over any other applicable insurance whether primary excess contingent or on any other basis. b. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts. E. Solely with respect to this endorsement the following definitions are added to the Definitions Section Emanates from means coming from or originating from a source that is on at under migrating or which has migrated from. Pollution event means an unexpected or unintended instantaneous discharge dispersal release or escape of pollutants at or from a work site that is demonstrable as having commenced abruptly on a clearly identifiable specific time and date during the policy period. Solely with respect to this endorsement pollution event shall be used in place of occurrence. All interrelated repeated or continuous episodes of a discharge release or escape of pollutants caused by any covered pollution event shall in its entirety be deemed to be a single pollution event. All bodily injury and property damage resulting from a single pollution event shall be deemed to have occurred only at the commencement date of the relevant covered pollution event. Underground storage tank system means any tank including associated piping or equipment connected to the tank that has at least 10 of its volume below ground. Work site means any premises site or location not owned by or rented or occupied by an insured where you or any contractor or subcontractor working directly or indirectly on any insured s behalf are performing construction operations. All other terms conditions provisions and exclusions of this policy remain the same. U GL1059 B CW 1214 Page 30f 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Deductible Endorsement Occurrence Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem. I S N B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part It is agreed that the following deductible provisions are added to the policy as respects the Employee Benefit Li ability Coverage Part Deductible 1000 1. The deductible amount stated above shall be de ducted from the amount of all claims arising out of the same act error or omission. We shall be liable only for the difference between such deductible amount and the amount of insurance otherwise ap plicable on a per act error or omission basis. The Aggregate Limit will not be reduced by the appli cation of such deductible. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de fense of suits and b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount to effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount to effect settlement of any claim or sui You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. U GL852 A CW 796 Page Lof | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 02241093 EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 1201 A.M. standard time Named Insured Countersigned by Authorized Representative SCHEDULE Number of Days Notice 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM 30 DAYS NOTICE FOR FRAUD MISREPRESENTATION CHANGES IN CONDITIONS OR INSOLVENCY 90 DAYS FOR ANY OTHER REASON If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CL 648 10 93 CG 02241093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG 20100413 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 OTHER THAN AN ARCHITECT ENGINEER OR SURVEYOR WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS. 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. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 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. ONTRACT OR WRITTEN AGREEMENT XECUTED PRIOR TO LOSS. CG 20100413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section Il 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. Page 2 of 2 Insurance Services Office Inc. 2012 CG 20100413 | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG20110413 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 5060 FORNI DR STE B CONCORD CA 94520 AND NON CONTRIBUTORY Name of Persons Or Organizations Additional Insured GONSALVES SANTUCCI INC. A CALIFORNIA CORPORATION THIS IS PRIMARY Additional Premium INCL. 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 insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations 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 Ill 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. 060 FORNI DR STE B CONCORD CA 94520 ONSALVES SANTUCCI INC. A CALIFORNIA CORPORATION THIS IS PRIMARY ND NON CONTRIBUTORY CG20110413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG 20280413 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 Name Of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN CONTRACT AGREEMENT OR PERMIT EXECUTED PRIOR TO THE LOSS TO PROVIDE ADDITIONAL INSURED COVERAGE. 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 B. With respect to the insurance afforded to these 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 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. additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Y PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN ONTRACT AGREEMENT OR PERMIT EXECUTED PRIOR TO THE LOSS TO PROVIDE DDITIONAL INSURED COVERAGE. CG 20280413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG 20320413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENGINEERS ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured ANY ENGINEERS ARCHITECTS OR SURVEYORS WHILE NOT ENGAGED BY YOU TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO THE LOSS. 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 architects engineers or surveyors 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 performed by you or on your behalf. Such architects engineers or surveyors while not engaged by you are contractually required to be added as an additional insured to your policy. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services including 1. The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or 2. Supervisory inspection or services. engineering 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 involved the rendering of or the failure to render any professional services. Y ENGINEERS ARCHITECTS OR SURVEYORS WHILE NOT ENGAGED BY YOU TO iOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED ATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO iE LOSS. CG 20320413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG 20320413 | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS 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 Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION OTHER THAN AN ARCHITECT ENGINEER OR SURVEYOR WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT MARK OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS. Information required to complete this Schedule if not shown above will be shown in the Declarations. THAN AN ARCHITECT R OR SURVEYOR WHOM REQUIRED TO ADD AS AN ONAL INSURED UNDER THIS UNDER A WRITTEN T MARK OR WRITTEN NT EXECUTED PRIOR TO 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 or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20370413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21080514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION COVERAGE B ONLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2108 05 14 Insurance Services Office Inc. 2013 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Li ity This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in jury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrica tion preparation distribution and sale installa tion application maintenance or repair includ ing remodeling service correction or replacement of any exterior insulation and fin ish system or any part thereof or any substan tially similar system or any part thereof includ ing the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and fin ish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish sys tem and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the sub strate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 ISO Properties Inc. 2003 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities.. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG22790413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad IALL WORK IN CONNECTION WITH ICONSTRUCTION OR DEMOLITION OPERATIONS ON OR WITHIN 50 FEET OF A RAILROAD Designated Job Site If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec 1 That indemnifies an architect engineer or tion is replaced by the following surveyor for injury or damage arising out 9. Insured Contract means of Paragraph f. does not include that part of any contract or agreement a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. L WORK IN CONNECTION WITH INSTRUCTION OR DEMOLITION ERATIONS ON OR WITHIN FEET OF A RAILROAD Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. ISO Properties Inc. 2000 Page 10f 1 o CG 24171001 | 2 |
POLICY NUMBER GLO 3707383 13 CY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG 2503 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS HOWEVER ONLY ONE GENERAL AGGREGATE LIMIT WILL APPLY TO ALL CONSTRUCTION PROJECTS WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER COMBINED CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage 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 Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 2503 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project 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 Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2503 05 09 o | 2 |
POLICY NUMBER GLO 3707383 13 POLICY NUMBER GLO 3707383 13 COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations ALL LOCATIONS OTHER THAN CONSTRUCTION PROJECTS OCCUPIED BY THE NAMED INSURED. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except 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 Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. CG 2504 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any 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 Designated 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 Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 25 04 05 09 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 97 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion i. under Paragraph 2. Exclusions of B. Exclusion o. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Prop Section Coverage B Personal And Advertis erty Damage Liability is replaced by the following ing Injury Liability is replaced by the following 2. Exclusions 2. Exclusions This insurance does not apply to This insurance does not apply to i. War o. War Bodily injury property damage how Personal and advertising injury however ever caused arising out of 1 War including undeclared or civil war or Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by gov ernmental authority in hindering or de fending against any of these. 2 3 caused arising out of 1 War including undeclared or civil war or Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by gov ernmental authority in hindering or de fending against any of these. C. Exclusion h. under Paragraph 2. Exclusions of Section Coverage C Medical Payments does not apply. Medical payments due to war are now subject to Exclusion g. of Paragraph 2. Exclu sions of Section Coverage C Medical Pay ments since bodily injury arising out of war is now excluded under Coverage A. 2 3 CG 26 97 03 06 ISO Properties Inc. 2005 Page 10of 1 m | 2 |
Contractors Design Liability Endorsement te of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. This endorsement modifies the insurance provided under the following Commercial General Liability Coverage Form SCHEDULE The LIMITS OF INSURANCE for Contractors Design Liability Coverage Aggregate Limit 2000000 Each Wrongful Act Limit 1000000 Each Wrongful Act Deductible 5000 Design Services performed for others are as follows The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE SECTION COVERAGES and paragraph 2. Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY SECTION COVERAGES This insurance does not apply to bodily injury property damage personal or advertising injury arising out of the rendering or failure to render any professional services by or for you including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions plans reports analyses surveys field orders change orders drawings designs or specifications and 2. Inspection or engineering services except as is provided below in the following provisions as respects Contractor s Design Liability Coverage. SCHEDULE The LIMITS OF INSURANCE for Contractors D Aggregate Limit 2000 0 Each Wrongful Act Limit 1000 0 Each Wrongful Act Deductible 50 Design Services performed for others are as fo gn Liability Coverage ws Il. The following provisions of this endorsement apply only as respects Contractors Design Liability Coverage Endorsement. A. The following is added to SECTION COVERAGES CONTRACTORS DESIGN LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages arising out of any wrongful act committed by the insured 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 to which this insurance does not apply. We may at our discretion investigate any wrongful act and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in LIMITS OF INSURANCE SECTION C of this endorsement and U GL1084A CW 0502 Page 1 of 8 | 2 |
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 this endorsement. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES Aand B. b. This insurance applies only if the damages arise out of a wrongful act that 1 Takes place in the coverage territory and 2 Occurs during the policy period. c. This insurance applies to damages only if 1 the damages are caused by a wrongful actthat takes place in the coverage territory during the policy period and 2 the damages occur during the policy period. d. 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. Exclusions The insurance provided by this endorsement does not apply to a. Damages arising out of a 1 Dishonest 2 Fraudulent 3 Criminal or 4 Malicious act error or omission committed by or at the direction of the insured. b. Damages expected caused intentionally by or at the direction of the insured or that should have been reasonably foreseen by the insured. c. Damages which the insured is obligated to pay 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 damages occur subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. d. Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. 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 U GL1084 A CW 0502 Page 20f 8 | 2 |
1 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Damages arising out of the ownership maintenance use or entrustment to others of any aircraft auto mobile equipment or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. g. Property Damage to 1 Property you own rent or occupy 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you or 4 Personal property in the care custody or control of the insured. h. Damages resulting from the insolvency or bankruptcy of the insured or any suppliers or subcontractors of the insured. i. Punitive or exemplary damages including but not limited to any damages which are a multiple of compensatory damages. j. Damages arising out of cost guarantees or probable cost estimates being exceeded or the furnishing or failure to furnish cost guarantees or probable cost estimates. k. Damages arising out of any express warranty or guarantee.. Damages arising out of any infringement of copyright trademark or patent trade dress trade name plagiarism industrial piracy unfair business practices or unauthorized activities in connection with a client s trade secrets. m. Damages arising out of advising requiring obtaining or maintaining any form of insurance suretyship or bond or failure to do so. n. Any claim made against any insured by 1 Any other insured 2 Abusiness enterprise that a Is wholly or partially owned controlled operated or managed by an insured or in which an insured is an officer or director or b Wholly or partially owns controls operates or manages the insured or 3 An employee of such business enterprise or their executor administrator or next of kin or their subrogees or assignees. o. Damages arising out of any project excluded under the Commercial General Liability Coverage Form to which this Contractors Design Liability Coverage Endorsement is attached. p. Damages arising out of the failure to render any design services on time complete any project on time or any other delay. q. Damages arising out of the actual or alleged discrimination because of race religion color sex national origin age or handicap. r. Fines penalties or liquidated damages or failure or refusal of a client to pay all or any part of the insured s fee. s. Damages arising out of the advising procuring or failure to advise or procure any financing or to pay or failure to pay any sums or monies for any project or any part of any project. U GL1084 A CW 502 Page 3 of 8 | 2 |
Faulty workmanship construction or work not in accordance with the design of the project or the construction documents on projects for which the design services are performed by the insured and any construction erection fabrication installation assembly manufacture or supplying of equipment or materials incorporated therein is wholly or partly performed by 1 The insured 2 Any subsidiary of the insured or 3 Any individual partnership joint venture or corporation a Under common ownership management or control with the insured b Acting as the insured s subcontractor or c That owns the insured. Damages arising out of the design or manufacture of any goods or products which are sold or supplied by the insured or by others under license from the insured. 1 Damages arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain 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. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes material to be recycled reconditioned or reclaimed. 1 Damages arising out of or relating in any way to asbestos 2 Any claim suit or proceeding arising out of or relating in any way to any demand requirement order direction determination or request that you or any other entity pay repay or reimburse sums expended or to be expended to test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos Any claim suit or proceeding arising out of or relating in any way to any demand requirement order direction determination or request that you or any other entity test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos 4 Any sums that you become legally obligated to pay as damages because of the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos or 5 Any loss cost or expense arising out of or relating in any way to asbestos. x. 1 Any damages a With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of U GL1084 A CW 0502 Page 4 of 8 | 2 |
their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or b Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Any damages resulting from hazardous properties of nuclear material if a The nuclear material 1 is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c The damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion x Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and byproduct material have the meanings given them in Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing byproduct material other than the tailings or wastes produced 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 nuclear 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 plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste. c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste U GL1084 A CW 502 Page 5 of 8 | 2 |
and includes the site on which any of the foregoing is located all operations conducted on such site and all remises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. B. For purposes of this insurance only SECTION Il WHO IS AN INSURED is deleted in its entirety and replaced by the following 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. 2. 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 are also insureds 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 is an insured for a. Bodily injury 1 To you or your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that coemployee is either in the course of his or her employment or while performing duties related to the conduct of your business 2 To the spouse child parent brother or sister of that coemployee as a consequence of paragraph a.1 above or 3 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs a.1 or 2 above. b. Property damage to property 1 Owned occupied or used by or 2 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 any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. C. For purposes of this insurance SECTION Ill LIMITS OR INSURANCE is deleted in its entirety and replaced by the following SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown above in the SCHEDULE of this endorsement and the rules below fix the most we will pay regardless of the number of U GL1084 A CW 0502 Page 6 of 8 | 2 |
a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limit shown in the SCHEDULE is the most we will pay for the sum of damages to which this insurance applies. 3. Subject to 2. above the Each Wrongful Act Limit shown in the SCHEDULE is the most we will pay for all damages arising out of any one wrongful act. 4. Deductible a. Our obligation under this endorsement to pay those sums that the insured becomes legally obligated to pay as damages applies only to the sums in excess of any deductible amount stated in the SCHEDULE as applicable to each wrongful act. Neither the Each Wrongful Act Limit nor the Aggregate Limit will be reduced by the application of such deductible. b. The terms of this insurance including those with respect to 1 Our right and duty to defend the insured against any suits seeking those damages and 2 Your duties in the event of an occurrence offense wrongful act claim or suit apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. The Limits of Insurance shown in the SCHEDULE 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. D. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced by the following For purposes of this insurance Conditions 2. Duties In The Event Of Occurrence Claim Or Suit and 4. Other Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONSare deleted in their entirety and replaced by the following 1. Condition 2. Duties in the Event of Occurrence Offense Claim or Suit is deleted in its entirety and replaced by the following 2. Duties in the Event of Occurrence Offense Wrongful Act Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence offense or specific wrongful act which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence offense or specific wrongful act took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage or potential injury or damage arising out of any occurrence offense or specific wrongful act. 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 U GL1084 A CW 502 Page 7of 8 | 2 |
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 endorsement 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. e. Knowledge of an occurrence offense specific wrongful act claim or suit by the agent servant or employee of an insured shall not in itself constitute your knowledge unless your officer manager or partner has received notice of the occurrence offense specific wrongful act claim or suit. f. Failure by an agent servant or employee of an insured other than an officer manager or partner to notify us of an occurrence offense specific wrongful act claim or suit will not be considered a failure to comply with paragraphs a. and b. above. 2. Condition 4. Other Insurance is deleted in its entirety and replaced by the following 4. Other Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis. When this insurance is excess we will have no duty under this endorsement 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. 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. We will share the remaining loss if any with any other insurance that is not described in this Other Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Contractors Design Liability Coverage SCHEDULE. E. The following definitions are added to SECTION V DEFINITIONS 1. Design services means the preparing approving or failing to prepare or approve maps shop drawings opinions plans reports analyses surveys field orders change orders designs drawings or specifications inspection and engineering services that the insured is qualified to perform for others in the capacity as described in the Contractors Design Liability Coverage SCHEDULE. Design services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Wrongful act means a negligent act error or omission by the insured arising out of the performance or failure to perform design services. U GL1084 A CW 0502 Page 8of 8 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire Insurance Co. ANNUAL MEETING NOTICE Your policy is issued by a stock insurance company subsidiary of the Liberty Mutual Holding Company Inc. a Massachuselts mutual holding company. The named insured first named in the Declarations is a member of Liberty Mutual Holding Company Inc. As a member of Liberty Mutual Holding Company Inc. the named insured first named is entitted among other things to vote either in person or by proxy at the annual meeting or special meetings of said company. The Annual Meeting of Liberty Mutual Holding Company Inc. is at its offices focated at 175 Berkeley Street Boston Massachusetts on the second Wednesday in April cach year at ten oclock in the morning. Members of Liberty Mutual Holding Company Inc. may request a copy of the company s annual financial statements which are posted on Liberty Mutual s website at www.libertymutual.com or by writing to Liberty Mutual Holding Company Inc. 175 Berkeley Street Boston Massachusetts 02116 Attention Corporate Secretary. PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. Do Lay PRESII Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. LIL 90 04 06 13 | 2 |
M Liberty Mutual. INSURANCE COMMERCIAL GENERAL LIABILITY DECLARATIONS OCCURRENCE Issued By Liberty Mutual Fire Insurance Co. Policy Number TB2 Z91 458280 035 Issuing Office. WARRENVILLE Il Renewal Of TB2 7291 458280 034 issue Date 2015 01 08 Account Number 9 458280. o Sub Account 0000 Named Insured and Mailing Address Franchise 5004 Pavers Inc. 505 Francis Ave Salina KS 67401 Form of Business Corporation Policy Period The policy period is from 01072015 to 01012016 1201 A.M. standard time at the Insured s mailing address. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. 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 Advertising Injury Limit 1000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 SCHEDULE The declarations are completed on the accompanying Declarations Extension Schedules. Commercial General Liability Coverage Part Premium 29179 Endorsement Premium 1694 Total Estimated Premium 30873 Policywriting Minimum Premium 1000 Forms Applicable See Attached Inventory J MY Riagh Tl b LOCKTON 0073004710 LOCKTON COMPANIES LLC KANSAS CITY SERIE 444 W 47TH ST STE 900 KANSAS CITY MO 64112 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LC 00040812 | 2 |
DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS Policy Number TB2 Z91 458280 035 Class Code 49451 Description Vacant Land Other than Not For Profit Products Completed Operations are subject to the General Aggregate Limit Concrete Construction nan nan nan nan 91560.0 Contractors Executive Supervisors or Executive Superintendents Products Completed Operations are subject to the General Aggregate Limit Contractors subcontracted work in connection with street or highway construction or repair not elevated nan nan nan nan 91580.0 nan nan nan nan 91589.0 Contractors Permanent Yards maintenance or storage of equipment or material Products Completed Operations are subject to the General Aggregate Limit Driveway Parking Area or Sidewalk paving or repaving nan nan nan nan 91590.0 nan nan nan nan 92215.0 Excavation NOC nan nan nan nan 94007.0 Plumbing commercial and industrial Sewer Mains or Connections Construction nan nan nan nan 98482.0 nan nan nan nan 98820.0 Street or Road Paving or Repaving Surfacing or Resurfacing or Scraping Water Mains or Connections Construction nan nan nan nan 99321.0 nan nan nan nan 99946.0 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCS 00010512 | 2 |
DECLARATIONS EXTENSION SCHEDULE Policy Number TB2 Z91 458280 035 Premium Premium Basis Rates Class Code KANSAS Location 1.1 505 Francis Ave. Salina KS 67401 49451 Premises Operations Products Completed Operations 91560 Premises Operations Products Completed Operations 91580 Premises Operations Products Completed Operations 91589 Premises Operations Products Completed Operations 91590 Premises Operations Products Completed Operations 92215 Premises Operations Products Completed Operations 94007 Premises Operations Products Completed Operations 98482 Premises Operations Products Completed Operations 98820 Premises Operations Products Completed Operations LCS 00020512 Each Acre Payroll Payroll Total Cost Payroll Payroll Payroll Payroll Payroll 80 included if any if any 250000 included 250000 250000 200000 included 100000 100000 if any if any if any if any if any ifany Per 1 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 2012 Liberty Mutual Insurance. All rights reserved. 0.753 7.960 9.467 10.524 3.823 0.869 7.582 7.635 6.866 20.702 13.937 7.138 19.711 16.400 12.019 Includes copyrighted material of Insurance Services Office Inc. with its permission. 60 nan nan nan nan 0.753 nan nan nan nan 7.96 nan 9.467 2631 956 217 nan nan nan nan 3.823 nan 0.869 1.516 nan nan nan nan 7.582 764 687 nan nan nan nan 7.635 nan 6.866 Payroll Payroll Payroll Page 1 of 2 | 2 |
DECLARATIONS EXTENSION SCHEBULE continued Policy Number TB2 291 458280 035 Premium 14014 8334 Premium Basis Payroll 750000 750000 Payroll if any if any Rates Per 1000 18.685 11.112 Per 1000 13.026 9.933 Class Code 99321 Premises Operations Products Completed Operations 99946 Premises Operations Products Completed Operations Total for KANSAS TOTAL Payroll 29179 29179 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 LCS 00020512 | 2 |
DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES Policy Number TB2 Z91 458280 035 Premium Basis Employee Benefits System Rated Charges 312 Rates Employee Benefits Notice of Cancellation to Third Parties Included nan nan nan nan 334.0 Flat Charge Commercial General Liability Enhancement for Contractors Minimum and Flat charge 334 Designated Construction Project or Designated Location Combined Aggregate Limits Minimum and Flat charge 798 Damage to Premise Rented to You Excess Limits nan nan nan nan 798.0 Flat Charge nan nan nan nan 250.0 Flat Charge 1694 TOTAL MISCELLANEOUS CHARGES 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCS 00030512 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire insurance Co. Inventory Coverage Forms Parts Endorsements Enclosures COVERAGE FORMS PARTS ENDORSEMENTS AND ENCLOSURES FORMING A PART OF THIS POLICY AT INCEPTION Form Number Edition Date Title COMMON POLICY FORMS LIL 90 04 06 13 ANNUAL MEETING NOTICE LC 000408 12 COMMERCIAL GENERAL LIABILITY DECLARATIONS LCS 00010512 DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS LCS 000205 12 DECLARATIONS EXTENSION SCHEDULE LCS 0003 05 12 DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES 1C 00 4207 09 Inventory Coverage Forms Parts Endorsements Enclosures IL00 171198 Common Policy Conditions IL 02610907 Kansas Changes Cancellation And Nonrenewal ANNUAL MEETING NOTICE COMMERCIAL GENERAL LIABILITY DECLARATIONS DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS DECLARATIONS EXTENSION SCHEDULE DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES Inventory Coverage Forms Parts Endorsements Enclosures Common Policy Conditions Kansas Changes Cancellation And Nonrenewal COMMERCIAL GENERAL LIABILITY CG 00010413 Deductible CG 030001 96 Coverage Endorsements CG 04351207 LC 25130808 LC 290408 08 LC 2906 08 08 LC 99360213 LC290810 11 LG 320506 05 LIM99 010511 LC 04430512 LC25191013 TRIA Exclusions CG 21730108 CG 21870107 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Deductible Liability Insurance Employee Benefits Liability Coverage Non Cumutation of Liability Same Occurrence Personal and Advertising Injury Definition of Publication Personal and Advertising Injury Occurrence Redefined PREMIUM RESPONSIBILITY ENDORSEMENT Advertisement Redefined Damage First Occurring Prior to Policy Period Exclusion Notice of Cancellation to Third Parties Commercial General Liability Enhancement for Contractors Designated Construction Project or Designated Location Cor Aggregate Limits Exclusion of Certified Acts of Terrorism CONDITIONAL EXCLUSION OF TERRORISM RELATING DISPOSITION OF FEDERAL TERRORISM RISK INSUF Deductible Liability Insurance Employee Benefits Liability Coverage Non Cumutation of Liability Same Occurrence Personal and Advertising Injury Definition of Publication Personal and Advertising Injury Occurrence Redefined PREMIUM RESPONSIBILITY ENDORSEMENT Advertisement Redefined Damage First Occurring Prior to Policy Period Exclusion Notice of Cancellation to Third Parties Commercial General Liability Enhancement for Contractors Designated Construction Project or Designated Location Combined Aggregate Limits Exclusion of Certified Acts of Terrorism CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT Page 1 of 2 2008 Liberty Mutual Group of Companies. All rights reserved. IC 00 4207 09 | 2 |
Form Number Edition Date CG 26880108 CG 32140107 CG 32200107 Other Exclusions CG 21471207 CG 2149 0999 CG 21540196 CG 21671204 CG 22340413 CG 22790413 IL 00 21 09 08 LC 21010605 LC 210206 05 LC 2104 06 05 LC 21 06 06 07 LC 2109 06 07 LC 216208 07 LC 21640807 LC 21681011 CG 21060514 LC 21108 1013 LC 21871013 State Mandatory CG 0109 1185 Title Alaska Exclusion of Certified Acts of Terrorism ALASKA CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT Employment Related Practices Exclusion Total Pollution Exclusion Endorsement Exclusion Designated Operations Covered By A Consolidated Wrap Up Insurance Program Fungi or Bacteria Exclusion EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY Nuclear Energy Liability Exclusion Endorsement Broad Form Asbestos Exclusion Endorsement Silica Exclusion Endorsement Discrimination Exclusion Lead Exclusion Designated Ongoing Operations Exclusion Exterior Insulating Finish System EIFS Exclusion Land or Earth Movement Exclusion Residential Construction Operations Exclusion Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Mold and Mold Related Construction Defect Exclusion Intercompany Claims Exclusion Kansas and Oklahoma Changes Transfer of Rights Employment Related Practices Exclusion Total Pollution Exclusion Endorsement Exclusion Designated Operations Covered By A Consolidated Wrap Up Insurance Program Fungi or Bacteria Exclusion EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY Nuclear Energy Liability Exclusion Endorsement Broad Form Asbestos Exclusion Endorsement Silica Exclusion Endorsement Discrimination Exclusion Lead Exclusion Designated Ongoing Operations Exclusion Exterior Insulating Finish System EIFS Exclusion Land or Earth Movement Exclusion Residential Construction Operations Exclusion Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Mold and Mold Related Construction Defect Exclusion Intercompany Claims Exclusion Kansas and Oklahoma Changes Transfer of Rights NOTICES TO POLICYHOLDER CNI 90070114 IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISM RISK INSURANCEACT AND THE REDUCTION IN COVERAGE FOR TERRORISM LOSSES CNL 90011013 IMPORTANT NOTICE TO POLICYHOLDERS PREMIUM DETERMINATION SUBCONTRACTORS EN 90 48 07 09 Disclosure Terrorism Risk Insurance Act CNL 90011013 EN 90 48 07 09 Page 2 of 2 2008 Liberty Mutual Group of Companies. All rights reserved. IC 00 42 07 09 | 2 |
Al e Common Policy Conditions Parts included in this policy are subject to the following conditions CANC LLATION 1. The First Named Insured shown in the Declarations nuay cancel this policy by mailing or delivering 1o us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured writien notice of cancellation at least 10 days before the effective date of cancelbation if we cancel for nonpayment of promium or b 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice o the first Named Insured s last mailing address known o 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 canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the 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 records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and Recommend changes. 2. Weare not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or Copyright Insurance Services Office Inc. 1998 Page 1 of 2 IL0017 1198 11 98 | 2 |
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 simitar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payce for any return premiums we pay. F. 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. 1f you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 2 of 2 IL00 17 1198 11 98 | 2 |
IL 02610907 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endersement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy 4 Unfavorable underwriting factors specific to Condition is replaced by the following you exist that were not present at the in 2.a. We may cancel this policy by mailing or deliv ception of this policy ering to the first Named Insured written notice 5 A determination by the insurance commis of cancellation stating the reasons for cancel sioner that continuation of coverage could lation at least placc us in a hazardous financial condition 1 10 days before the effective date of cancel or in violation of the laws of Kansas or lation if we cancel for nonpayment of pre 6 A determination by the insurance commis mium. sioner that we no longer have adequate re 2 30 days before the effective date of cancel insurance to meet our needs. lation if we cancel for any other reason. B. The following is added and supersedes any condi b. If this policy has been in effect for 90 days or tion to the contrary more or if it is a renewal of a policy we issued NONRENEWAL we may cance this policy only for one or more 1. If we decide not to renew this policy we will of the following reasons mail or deliver written notice of nonrenewal 1 Nonpayment of premium stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 1SO Properties Inc. 2006 Page 1 of 1 1L 0261 09 07 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the cntire policy carefuily to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we wil 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 Iif Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damnage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section It 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 It Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 3 Insurance Services Office Inc. 2012 Page 1 of 16 CG 00010413 | 0 |
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 or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligaton 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. c. 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. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. 3 Insurance Services Office Inc. 2012 Page 2 of 16 CG 00010413 | 1 |
d At or frem any premises site or location on which any insured or any contractors or subcontractors working directly or indircctly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materals brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iti Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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 0 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 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 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Ator from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by orfor i Any insured or Any person or organization for whom you may be legally responsible or Insurance Services Office Inc. 2012 Page 3 of 16 CG 00010413 | 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 responsibilty 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 definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by n auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 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 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 sutt 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 Insurance Services Office Inc. 2012 Page 4 of 16 CG 00010413 | 1 |
9. This exclusion does not apply to the loss of use of other property arising cut 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 remaoval or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or m. 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 Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liabilty 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. Insurance Services Office Inc. 2012 Page 5 of 16 CG 00010413 | 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 Il 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 Il Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 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 b. Insurance Services Office Inc. 2012 Page 6 of 16 CG 00010413 | 1 |
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 poliutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And 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 2 4 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 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. m. 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. 2 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. 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. 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. Insurance Services Office Inc. 2012 Page 7 of 16 CG 00010413 | 1 |
d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend i 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. 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. o 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 inciude 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. f. 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 The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Insurance Services Office Inc. 2012 Page 8 of 16 CG 00010413 | 1 |
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