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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 1 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 fimits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 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. 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. o o 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 fimits 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 secks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement thatis 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 b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. Insurance Services Office Inc. 2012 Page 9 of 16 CG 00010413 | 1 |
c. Any person or organization having proper temporary custody of your property if you die but enly 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 Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. b. o No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we wil pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 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. 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 ff you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b 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 f you are a limited liability company. b. Any person other than your employee or yolunteer worker or any organization while acting as your real estate manager. Insurance Services Office Inc. 2012 Page 10 of 16 CG 00010413 | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. if a claim is made or suit is brought against any insured you must 1 Immediately rccord the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join Us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 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 o Insurance Services Office Inc. 2012 Page 11 of 16 CG 00010413 | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of ail deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing if all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts untii it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete 4. Other Insurance If other valid and collectible insurance is avaitable to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liabilty as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that sut. If no other insurer defends we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. Insurance Services Office Inc. 2012 Page 12 of 16 CG 00010413 | 1 |
w 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 responsibiity to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 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 ecach 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 ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred 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 traller 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. Insurance Services Office Inc. 2012 Page 13 of 16 CG 00010413 | 1 |
10.Leased worker means a person leased to you by 1 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. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 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 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any rairoad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 Insurance Services Office Inc. 2012 Page 14 of 16 CG 00010413 | 1 |
16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. c However scif propelled vehicles with the following types of permanently attached cquipment are not mobile equipment but wil 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 notinclude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Insurance Services Office Inc. 2012 Page 15 of 16 CG 00010413 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Insurance Services Office Inc. 2012 Page 16 of 16 CG 00010413 | 1 |
MBER TB2 791 453280 035 COMMERCIAL GENERAL LIABILITY CG 03000196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER TB2 791 453280 035 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coveraage Amount and Basis o Amount and Basis of Deductible PERCLAIM or PEROCCURRENCE 2500 SCHEDULE Coverage Amount and Basis of Deductible PERCLAIM or PEROCCURRENCE Bodily Injury Liability OR Property Damage Liability 13 2500 OR Bodily Injury Liability andor Property Damage Liability Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused 2500 b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person be cause of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of ser vices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. o A Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to ail damages sustained by any one person be cause of bodily injury Copyright Insurance Services Office Inc. 1994 Page 1 of 2 CG 03 00 0196 | 2 |
C. 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 claim or suit apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is ona per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property dam age or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bedily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regard less of the number of persons or organizations who sustain damages because of that occur rence. Copyright Insurance Services Office Inc. 1994 CG 03000196 Page 2 of 2 | 2 |
POLICY NUM BER TB2 291 458280 035 COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THEENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Employee Benefits 1000000 each employee Not Applicable Programs 2000000 aggregate Retroactive Date 01012012 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. b. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 3 ISO Properties Inc. 2006 Page 1 of 6 CG 04351207 | 2 |
f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws.. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. Employment Related Practices Damages arising out of wrongful termin ation of employment discrimination or oth er employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. 2 When we make settlement in accor dance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or pers onal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. v ISO Properties Inc. 2006 CG 04351207 Page 2 of 6 | 2 |
The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insur ance. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section iV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and ol c. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Il Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 Anact error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. o Page 3 of 6 ISO Properties Inc. 2006 CG 04351207 | 2 |
2 The names and addresses of anyone who may suffer damages as a resuit of the act error or omission. b. if a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. 2 b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we wil pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specificaily to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement.. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. 1SO Properties Inc. 2006 CG 04351207 Page 4 of 6 | 2 |
The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the cffect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. If the Extended Reporting Period is in effect we wil provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payrol deductions. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the resuit of an act error or omission. v o 2. L F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTINGPERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. ISO Properties Inc. 2006 Page 5 of 6 CG 04351207 | 2 |
e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 18. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 4 Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits v c. Unemployment insurance social security benefits workers compensation and dis ability benefits Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and a ISO Properties Inc. 2006 CG 04351207 Page 6 of 6 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. I CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMEN Non Cumulation of Liability Same Occurrence This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to paragraph 4. of the Limits of Insurance Section If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andlor future liability policyies issued to you by us also applies then this policy s Personal and Advertising Injury Limit will be reduced by the amotnt of each payment made by us under the other policyies because of such occurrence. The following is added to paragraph 5. of the Limits of Insurance Section If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future liability policyies issued to you by us then this policy s Fach Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. The final paragraph of the Limits of Insurance Section is replaced with the following The aggregate Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and o 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 aggregated Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages and Medical Expenses because of all bodily injury and property damage arising out of any one occurrence and the Personal and Advertising Injury Limit is the most we will pay for damage because of all personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. Page 1 of 1 LC 2513 08 08 | 2 |
Policy Number TB2 Z91 158280 035 Issued by Liberty Mutual Fire Insurance Co. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Personal and Advertising Injury Redefined Definition of Publication This endorsement modifies the insurance provided under the followi COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART phs. and e. of the definition of personal and advertising injury ae replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses d. Oral or written publication directly to the public at large of material that slanders or libels a person or organization ot disparages a person s or organization s goods products or services. e 1 Oral or written publication dirscly o the public at large of material that violates a person s right of privacy 2 Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness. The following definition is added to the Definitions Section Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information. Page 1 of LC 2904 08 08 | 2 |
Policy Number TB2 Z91 458280 035 Issucd by Liberty Mutal Fire Insurance Co. TIIS ENDORSEMI CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Personal and Advertising Injury Occurrence Redefined This endorsement modilies the insurance provided under the followi COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 4. of the Limits of Insurance scction is eplaced by the following 4. Subject 10 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 arising out of any one occurrence. B. The definition of occurrence in the Definitions section is replaced by the following Occurrence meuns a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. Page 1 of 1 LC 29 06 08 08 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM RESPONSIBILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART Paragraph E. Premiums of the Common Policy Conditions is replaced by the following 1. Each Named Insured is jointly and severally liable for all premiums due under this policy and for any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 2. The first Named Insured will be the payee for any return premiums we pay. Page 10of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC99360213 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVERTISEMENT REDEFINED This endorsement modifies insurance provided under the foilowing COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of advertisement in the Definitions Section is replaced by the following Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media 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. Announcements 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. Page 1 of 1 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC29081011 | 2 |
158280035 1 Fire Insurance Co. Policy Number TB2 291 Issued by Liberty Mut THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I CAREFULLY. Damage First Occurring Prior to Policy Period Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury or property damage within the products completed vperations hazurd if the injury or damage first occurred prior 1o the effective date of this policy. Page 1 of 1 LG 320506 05 | 2 |
Policy Number TB2 Z91 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Name of Other Persons Email Address or mailing address Number Days Notice Organizations Per schedule on file Per schedule on file 30 A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule above. We wilt send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Qur failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Page 10of 1 2011 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Lim 99 01 05 11 | 2 |
Policy Number TB2 791 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items ftem 1. ltem 2. Item 3. Item 4. ltem 5. Item 6. ltem 7. ltem 8. ftem 9. ltem 10. ftem 11. Item 12. ftem 13. Item 14. Item 15. Item 16. Item 17. Item 18. Reasonable Force Non Owned Watercraft Extension Damage To Premises Rented To You Expanded Coverage Bodily Injury To Co Employees Health Care Professionals As Insureds Knowledge Of Occurrence Notice Of Occurrence Unintentional Errors And Omissions Bodily Injury Redefinition Supplementary Payments Increased Limits Property In Your Care Custody Or Control Mobife Equipment Redefinition Newly Formed Or Acquired Entities Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees Assignees or Receivers Owners Lessees or Contractors Architects Engineers or Surveyors Any Person or Organization Blanket Additional Insured Grantors Of Permits Waiver Of Right Of Recovery By Written Contract Or Agreement Other Insurance Amendment Contractual Liability Railroads Item 1. Reasonable Force Exclusion a. of Section Coverage A Bodily Injury And Property Damage Liabilty is replaced by the following 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 or property damage resulting from the use of reasonable force to protect persons or property. Item 2. Non Owned Watercraft Extension Paragraph 2 of Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2 A watercraft you do not own that is 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 9 LC 04430512 | 2 |
a Less than 55 feet long and b Not being used to carry persons or property for a charge Item 3. Damage To Premises Rented To You Expanded Coverage A. The final paragraph of 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 fire lightning or explosion or subsequent damages resulting from such fire lightning or explosion including water damage 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. B. 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 fire lightning explosion or subsequent damages resulting from such fire lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of a. 300000 or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of insured contract in Section V Definitions is replaced by the following 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 lightning explosion or subsequent damages resulting from such fire lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. D. The paragraph immediately following Paragraph 6 of 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 other than damage by fire lightning or explosion or subsequent damages resulting from such fire lightning or explosion including water damage to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Iil Limits of Insurance. Item 4. Bodily Injury To Co Employees A. Paragraph 2. of Section Ii Who Is An Insured is amended to include Each of the following is also an insured Your supervisory or management 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 insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to bodily injury 1 Toyou 2 To your partners or members if you are a partnership or joint venture 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 9 LC 04430512 | 2 |
3 To your members if you are a limited liability company or 4 To a coemployee or volunteer worker while that coemployee or volunteer worker is cither in the course of his or her employment by you or white performing duties related to the conduct of your business including participation in any recreational activities sponsored by you. Your employees other than cither your cxecutive 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 or volunteer workers are insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in bodily injury 1 To you 2 To your partners or members if you are a partnership or joint venture 3 To your members if you are a limited liability company or 4 To a coemployee or volunteer worker while that coemployee or volunteer worker is either in the course of his or her employment by you or while performing duties refated to the conduct of your business including participation in any recreational activities sponsored by you. A Good Samaritan Act means an attempt to rescue or aid a person in imminent or serious peril provided the attempt is not recklessly made. However none of these employees including supervisory or management employees or volunteer workers are insureds for the providing or failure to provide professional health care services. B. The insurance provided by this ltem 4. will not apply if the injured person s sole remedy for such injury is provided under a workers compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis. ltem 5. Health Care Professionals As Insureds A. Paragraphs 2.a.1a and d of Section Il Who Is An Insured do not apply to bodily injury or personal and advertising injury arising out of the providing of or failure to provide professional health care services by any employee or volunteer of the Named Insured who is a designated health care provider if the bodily injury or personal and advertising injury occurs in the course and scope of the designated health care provider s employment by the Named Insured. B. With respect to employees and volunteer workers providing professional health care services the following exclusions are 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 This insurance does not apply to 1 Liability assumed under an insured contract or any other contract or agreement 2 Liability arising out of the providing of professional health care services in violation of law 3 Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics 4 Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or LC 04430512 2012 Liberty Mutual Insurance. All rights reserved. Page 3 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
5 Punitive or exemplary damages fines or penalties. C. The following definition is added to Section V Definitions Designated health care provider means any employee or volunteer worker of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this ltem 5. is excess over any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis. ltem 6. Knowledge Of Occurrence Knowledge of an occurrence by your agent servant or employee will not in itself constitute knowledge by you unless your executive officer or employee or other third party designated by you to notify us of occurrences has knowledge of the occurrence. Item 7. Notice Of Occurrence For purposes of Paragraph 2.a. of Section IV Conditions you refers to an executive officer of the Named Insured or to the employee designated by the insured to give us notice. Item 8. Unintentional Errors And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Item 9. Bodily Injury Redefinition The definition of bodily injury in Section V Definitions is replaced by the following Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments Increased Limits Paragraphs 1.b. and 1.d. of Section Supplementary Payments Coverages A And B are replaced by the following b. Up to 3000 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. 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 substantiated loss of earnings up to 500 a day because of time off from work. 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 9 LC 04430512 | 2 |
ltem 11 Property In Your Care Custody Or Control A. Paragraphs 3 and 4 of exclusion j. of Section Coverage A Bodily Injury and Property Damage Liability only apply to 1. Property damage to borrowed cquipment or 2. Property damage to property in your care custody and control while in transit. B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance whether primary excess contingent or on any other basis unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2. 3. and 5. of Section lll Limits Of Insurance the most we will pay for insurance provided by Paragraph A. above is 10000 Each Occurrence Limit 25000 Aggregate Limit The Each Occurrence Limit for this coverage applies to ali damages as a result of any one occurrence regardless of the number of persons or organizations who sustain damage because of that occurrence. The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Item 12. Mobile Equipment Redefinition The definition of Mobile Equipment in Section V Definitions is amended to include self propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for 1 Snow removal 2 Road Maintenance but not construction or resurfacing or 3 Streetcleaning. Item 13. Newly Formed Or Acquired Entities Paragraph 3. of Section Il Who Is An Insured is replaced by the following 3. Any organization other than a partnership or joint venture you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until 1 The 180th day after you acquire or form the organization 2 Separate coverage is purchased for the organization or 3 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 LC 04430512 2012 Liberty Mutual Insurance. Al rights reserved. Page 5 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 9 | 2 |
c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. ltem 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section Il Who Is An Insured is amended to add the following e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy 1 Lessors of Leased Equipment The persons or organizations frem whom you lease equipment 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. 2 Managers or Lessors of Premises Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership maintenance or use of the premises leased to you and caused in whole or in part by some negligent acts or omissions of you your employees your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured s sole negligence then the coverage for the additional insured shall conform to the agreement but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured s sole negligence. This insurance does not apply to a Any occurrence which takes place after you cease to be a tenant in that premises or to lease that land or b Any premises for which coverage is excluded by endorsement. 3 Mortgagees Assignees or Receivers Any persons or organizations with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of your premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. Owners Lessees or Contractors any persons or organizations to whom you are obligated by a written agreement to procure additional insured coverage but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of your employees your agents or your subcontractors in the performance of your ongoing operations. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of your work included in the products completed operations hazard unless you are required to provide such coverage for the additional insured by the written agreement and then only for the period of time required by the written agreement and only for liability caused in whole or in part by your acts or omissions or the acts or omissions of your employees your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured except as provided below. Page 6 of 9 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 04430512 | 2 |
5 6 If the written agreement obligates you to procure additional insured coverage for the additional insured s sole negligence then the coverage for the additional insured shall conform to the agreement but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured s sole negligence. 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 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. Architects Engineers or Surveyors any architect engineer or surveyor engaged by you but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf a In connection with your premises or b Inthe performance of your ongoing operations. 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 by or for you 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. Any Person or Organization Other Than a Joint Venture Any person or organization other than a joint venture of which you are a member for whom you are obligated by a written agreement to procure additional insured coverage but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf a Inthe performance of your ongoing operations or b In connection with premises owned by you. This insurance does not apply to 1. Any construction renovation demolition or installation operations performed by or on behalf of you or those operating on your behalf 2. Any person or organization whose profession business or occupation is that of an architect surveyor or engineer with respect to liability arising out of the preparation or approval of maps drawings opinions reports surveys change orders designs specification or the performance of any other professional services by such person or organization or 3. Any person or organization more specifically covered in Paragraphs e.1 through 5 above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e. 1 Applies only to coverage and minimum limits of insurance required by the written agreement or written contract but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 9 LC 04430512 | 2 |
2 Does not apply to any person or organization for any bodily injury property damage or personal and advertising injury if any other additional insured endorsement attached to this policy applies to that person or organization with regard to the bodily injury property damage or personal and advertising injury 3 Applies only if the bodily injury or property damage occurs or offense giving rise to personal and advertising injury is committed subsequent to the execution of the written agreement and 4 Applies only if the written agreement is in effect at the time the bodily injury or property damage occurs or at the time the offense giving rise to the personal and advertising injury is committed. Item 15. Blanket Additional Insured Grantors Of Permits Paragraph 2. of Section Il Who Is An Insured is amended to add the following Any state municipality or political subdivision with respect to any operations performed by you or on your behalf or in connection with premises you own rent or control and to which this insurance applies for which the state municipality or political subdivision has issued a permit. However this insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of operations performed for the state municipality or political subdivision 2. Any bodily injury or property damage included within the products completed operations hazard except when required by written contract or agreement initiated prior to loss or 3 Bodily injury property damage or personal and advertising injury unless negligently caused in whole or in part by you or those acting on your behalf. ltem 16. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or your work included in the products completed operations hazard that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the bodily injury or property damage occurs or offense giving rise to personal and advertising injury is committed subsequent to the execution of the written contract or agreement. item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary excess contingent or any other basis for any person or organization that qualifies as an additional insured on this policy this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Paragraph 4. Other Insurance of Section IV Conditions will govern. However this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same occurrence claim or suit. Item 18. Contractual Liability Railroads Paragraph 9. of Section V Definitions is replaced by the following 9. Insured Contract means 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 9 LC 04430512 | 2 |
A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any casement or ficense agrecment An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 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 failing to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 9 LC 04430512 | 2 |
Policy Number TB2 791 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSENMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS WITH TOTAL PROJECT AND LOCATION AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Desinated Construction Projects or De nated Locations All locations and all construction projects at which you are performing ongoing operations. Total Project and Location Aggregate Limit 15000000 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 or a single designated location 1. A separate Designated General Aggregate Limit applies to each designated construction project and to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated 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 General Aggregate Limit for that designated construction project or designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated construction project or designated location. 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 wiil be subject to the applicable Designated General Aggregate Limit and the Total Project and Location Aggregate Limit. ojtcts at which you are perfommg ongoing operations. tal Project and Location Aggregate Limit 15000000 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 2 LC 25191013 | 2 |
5. The Total Project and Location Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all damages caused by occurrences under Section Coverage A and all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single construction project or a single location regardless of the number of construction projects locations occurrences or accidents.. 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 or single designated location 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 General Aggregate Limit.. 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 General Aggregate Limit. If the applicable 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.. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means any premise that you occupy for permanent operations as part of your business but does not include any premises at which you are performing operations as part of a construction project. All 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 shall be considered a single location.. The provisions of Section IIl Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 2013 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 25191013 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. Page 1 of 1 IS0 Properties Inc. 2007 CG 21730108 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21870107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this Coverage Part or Policy or. A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and. Remain applicable unless we notify you of changes in these provisions in response to federal law. 2. If 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. the provisions of this endorsement become applicable such provisions Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal law. ISO Propetties Inc. 2005 Page 1 of 3 CG 21870107 | 2 |
3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following defintions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or vielence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philesophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 3 Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold s exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purpeses of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfig urement or c. Protracted loss of or impairment of the function of a bodily member or organ. ISO Properties Inc. 2005 CG 21870107 Page 2 of 3 | 2 |
Muiltipte incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magrnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. SO Properties Inc. 2005 Page 3 of 3 CG 21870107 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 88 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION CF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following B. COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising out of a certified act of terrorism. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. ISO Properties Inc. 2007 Page 1 of 1 CG 26880108 | 2 |
COMMERCIAL GENERAL LIABILITY CG 32140107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this Coverage Part or Policy or b. A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in response to federal taw. 3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal taw. 3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. 14 ISO Properties Inc. 2005 Page 1 of 2 CG 32140107 | 2 |
N Radioactive material is released and it appears that one purpose of the terrorism was to release such material or The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or Pathogenic or poisenous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. w B. 0 The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radicactive material or through the use of anuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or ISO Properties Inc. 2005 Page 2 of 2 CG 32140107 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this Coverage Part or Policy or A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 2. If the provi COMMERCIAL GENERAL LIABILITY CG 32200107 PLEASE READ IT CAREFULLY. 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. ions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal law. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in rhis 3 Redefine terrorism or make insurance coverage for terrorism ndorsement subject to provisions or ing on the requirements that differ from those ore of the that apply to other types of events your policy or occurrences under this policy. med lh s 2. If the provisions of this endorsement S a o sis become applicable such provisions ble on the a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism bun andor other acts of terrorism but ce Act has only Ymh respect to an ncdents of the type of terrorism however defined which nder this results in injury or damage that occurs on or after the date when the provisions of this endorsement lacement of become applicable for claims made e effective policies such an endorsement is to make superseded only with respect to an ble to you incident of terrorism however defined that results in a claim for injury or percentage damage first being made on or after Program for the date when the provisions of this t deductible endorsement become applicable and unt of all b. Remain applicable unless we notify es we hSt you of changes in these provisions in S erse ti response to federal law. of certified 3. If the provisions of this endorsement do NOT become applicable any terrorism g endorsement already endorsed to this ov lnareenti policy that addresses certified acts of sses above terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. ISO Properties Inc. 2005 Page 1 of 3 Page 1 of 3 CG 32200107 | 2 |
2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantiat risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which eccur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. B. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the 2 following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or ISO Properties Inc. 2005 CG 32200107 Page 2 of 3 | 2 |
In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Pait or Policy. ISO Properties Inc. 2005 Page 3 of 3 CG 32200107 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT REILLATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. 3 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. 1SO Properties Inc. 2006 Page 1 of 1 CG 21471207 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21490999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSICN ENDORSEMENT This endorsement modifics insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec 2 Any loss cost or expense arising out of any tion Coverage A Bodily Injury And Property a Request demand order or statutory or Damage Liability is replaced by the following regulatory requirement that any insured or This insurance does not apply to others test for monitor clean up remove. Pollution contain treat detoxify or neutralize or in N N N. any way respond to or assess the effects of 1 Bodily injury or property damage which pollutants or would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or as sessing the effects of poliutants. Copyright Insurance Services Office Inc. 1998 Page 1 of 1 CG 214909 99 | 2 |
POLICY NUMBER TB2 291 458280 035 COMMERCIAL GENERAL LIABILITY CG 21540196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURAMCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Cover ages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location de scribed 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. SCHEDULE Description and Location of Operations All locations and operations subject to a wrap up insurance program or other consolidated insurance program. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Copyright Insurance Services Office Inc. 1994 Page 1 of 1 CG 21540196 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. S0 Properties Inc. 2003 Page 1 of 1 CG 21671204 | 2 |
COMMERCIAL GENERAL LIABILITY CG22340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCIL.USION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS 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 This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. N This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supetrvision hiring employment training or monitoring of others by that insured i the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury invoived that which is described in Paragraph 1. or 2. This exclusion does not apply to bodily injury or property damage due to construction or demolition work done by you your employees or your subcontractors. Page 1 of 1 Insurance Services Office Inc. 2012 CG 22340413 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22790413 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. 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 3 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. 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 Supervisory or inspection activities performed as part of any related architectural or engineering activities. v Professional services do not include services within construction means methods technigues sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Insurance Services Office Inc. 2012 Page 1 of 1 CG 22790413 | 2 |
READ IT CAREFULLY. THIS ENDORSEMENT CHANGES THI POLICY. PLE Nuclear Energy Liability Exclusion Endorsement Broad Form This endorsement modilies the insurance provided under the following 1. COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance docs not apply A Under any Liability Coverage to bodily injury or property damage 1 With respect 1o which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured s 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. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 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 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. IS0 Properties Inc. 2007 Page 1 of 2 IL.00 21 09 08 09 08 | 2 |
As used in this endorsement Hazardous properties include mdioactive toxic or explosive propertics. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material containing by product 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 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 and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 IL 00 21 09 08 09 08 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANG THE POLICY. PLEASE READ 1 T CAREFULLY. Asbestos Exclusion Endorsement This endorsement modifics the insurnce provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COYERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMAN S LEGAL LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. Page 1 of 1 LC 21 01 06 05 | 2 |
Policy Number TB2 291 458280 035 ssued by Liberty Mutual Fire Insurance Co. THE POLICY. PLEASE READ IT CAREFULL NT CHANG THIS ENDORSEME Silica Exclusion Endorsement This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMEN S LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica either alone or in combination with other substances or factors whether included in a product or otherwise. Page 1 of 1 LC 21 02 06 05 | 2 |
Policy Number TB2 Z91 458280 035 fssued by Liberty Mutual Fire Insurance Co. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEME Discrimination Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to Damages arising out of unlawful discrimination. Page 1 of 1 LC 21 04 06 05 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire Insurance Co. I11S ENDORSEMENT CHANGES TUE POLICY. PLEASE READ IT CAREFULLY. Lead Exclusion This endorsement modiftes the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to 1. Any actual or alleged liability damages loss or injury that results directly or indirestly from the ingestion inhalation exposure 0 or absorption of lead in any form or to any claims or suits arising from lead 2. Actual or alleged property damage that results directly or indirecly from lead or the exposure to lead in any form or to any claims or suits arising from lead 3. Any loss cost or expense arising out of any 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 lead in any form or 4. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages resulting from testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead in any form. Page 1 of 1 LC 21 06 06 07 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. IHIS ENDORSEME THE POLICY. PLEASE READ IT CAREFULLY. CHANC Designated Ongoing Operations Exclusion This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the ongoing operations described in the Schedule of this endorsement regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a location is specified in the Schedule this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific location is designated in the Schedule of this endorsement this exclusion applies only to the described ongoing operations conducted at that location. For the purpose of this endorsement 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. Schedule Description of Designated Ongoing Operations Specified Location If Applicable Construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single family dwellings tract homes apartments townhomes condominiums duplexes or triplexes or any mixed use structures with a residential component. The list of residential structures in the preceding sentence will not be interpreted to include hotels motels assisted senior living nursing homes college campus dormitories or government housing on military bases. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 21 09 06 07 | 2 |
Policy Number TB2 291 458280 035 Issucd by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exterior Insulating Finish System EIFS Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply o any liability damages loss injury demand claim or suit that arises out of or allegedly arises out of the manufacturing supplying installing applying or maintaining of an exterior insulating finish system. This exclusion applies whether or not the manufacturing supplying installing applying or maintaining of an exterior insulating finish system is part of your business or operations. Page 1 of 1 LC 2162 08 07 | 2 |
Policy Number TB2 Z91 458280 035 fssucd by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU Land or Earth Movement Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply 1o bodily injury property damage or personal or advertising injury directly or indirectly caused by arising out of relating to resulting from attributable to contributing to or aggrvated by any actual or alleged land or carth movement. Land or earth movement means movement in any direction including but not limited to instability rising upheaval expansion settling sinking shrinkage slipping falling away tilting caving in croding shifting in a horizontal or sideways direction mud flow mudslide volcanic cruption or earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. Page 1 of 1 LC 21 64 08 07 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance docs not apply to bodily injury property damage or personal and advertising injury resulting from residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall not apply to that portion of the structure or project. Residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums or any mixed use structures with a residential component but does not include hotels motels nursing homes college campus dormitories or government housing on military bases. Page 1 of 1 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC21681011 | 2 |
COMMERCIAL GENERAL LIABILITY CG21060514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL. INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endersement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software including systems and applications This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including 2. Exclusions patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inabilty to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. Insurance Services Office Inc. 2013 Page 1 of 1 CG 21060514 | 2 |
Policy Number TB2 291 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOD AND MOLD RELATED CONSTRUCTION DEFECT EXCLUSION This endorsement modilies insurance provided under the foliowing COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 1.a. of Coverage A Bodily Injury and Property Damage Liability of Section Coverages If a suit against the insured seeks damages because of bodily injury or property damage to which this insurance applies as well as damage because of bodily injury or property damage to which this insurance does not apply because of the Fungi or Bacteria exclusion we shall have no obligation to defend the insured against the suit or pay any related Supplementary Payments. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability of Section Coverages This insurance does not apply to Fungi or Bacteria 1. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regarcless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. C. The following is added to Paragraph 1.a. of Coverage B Personal and Advertising Injury Liability of Section Coverages If a suit against the insured seeks damages because of personal and advertising injury to which this insurance applies as well as damage because of personal and advertising injury to which this insurance does not apply because of the Fungi or Bacteria exclusion we shall have no obligation to defend the insured against the suit or pay any related Supplementary Payments. D. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability of Section Coverages LC 211081013 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f2 | 2 |
This insurance does not apply to Fungi or Bacteria 1. Personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. E. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Page 2 of 2 LC 211081013 2013 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TB2 791 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERCOMPANY CLAIMS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This insurance does not apply to any liability damages loss injury demand claim or suit by any Named Insured against any other Named Insured for bodily injury property damage or personal and advertising injury. Page 1 0of 1 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC21871011 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV does not apply to COVERAGE C. MEDICAL PAYMENTS. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. TB2 791 456280 035 Audit Basis Issued To Countersigned by SR Authorized Representalive Sales Office and No. End. Serial No. Issued Copyright Insurance Services Office Inc. 1984 CG 010911385 | 2 |
IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISMRISK INSURANCE ACT AND THE REDUCTION IN COVERAGE FOR TERRORISMLOSSES PLEASE READ THISNOTICE CAREFULLY This is to notify you of a reduction in coverage for terrorism losses under your instrance policy when the Terrorism Risk Insurance Act TRIA expires which is scheduled to occur on December 31 2014. This notice DOES NOT apply to Workers Compensation insurance. TRIA as amended is a temporary program that spreads losses from government cettified acts of terrorism between insurers and the federal government. In summary TRIA requires insurers to make coverage for certified acts of terrorism available and to pay fosses from certified acts of terrorism up to a deductible amount. If an individual insurer s losses exceed this amount the government will reimburse the insurer for 85 of losses paid in excess of the deductible. Policyholders have the option to accept or reject this coverage. TRIA will expire on December 31 2014 unless Congress and the President act to extend it. Otherwise after 2014 the federal government will no longer certify acts of terrorism or reimburse losses caused by certified acts of terrorism. If you purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 your insurance coverage will be reduced. After the date TRIA expires where permitted by state law you will no longer have insurance for losses from acts of terrorism that directly or indirectly involve nuclear or radioactive agents or materials or pathogenic or poisonous biological or chemical agents or materials NBCR. If you elect not to purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 losses caused by any terrorist act will be excluded from your policy where permitted by state law. Some states including New York and Florida may not approve or ailow the use of certain exclusions related to acts of terrorism. Therefore exclusions for losses caused by acts of terrorism may not apply in all states. Page 1 of 1 2014 Liberty Mutual Insurance. All rights reserved. CNI9007 0114 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS PREMIUM DETERMINATION SUBCONTRACTORS Do you employ independent contractors or subcontractors If so you may be subject to added insurance costs. You can minimize these added insurance costs by obtaining valid certificates of insurance from all of your independent contractors and subcontractors indicating the presence of liability insurance. These certificates should be maintained for review by our auditor. Such certificates must 1. Specify an Each Occurrence Limit at lcast equal to 1000000 2. Specify the insurance is written on an occurrence basis 3. Specify insurance that s effective during the entirety of the course of their work for you. Failure to provide adequate certificates of insurance for any contractor or subcontractor will result in the inclusion of those exposures in the calculation of your primary insurance premium. Recent court decisions have held general or principle contractors liable for the acts of uninsured subcontractors. If you are able to produce valid certificates at the time of audt an appropriate subcontracted work class such as the following will be added to your exposures such as Contractors Subcontracted Work in connection with building construction reconstruction repair or erection apartment or office buildings over four stories. This is a secondary or contingent insurance charge based on the availability of other insurance which may apply to a loss involving you and your independent contractors or subcontractors. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. CNL 90011013 | 2 |
Policy Number TB2 291 458280 035 Issucd by Liberty Mutual Fire Insurance Co. Disclosure Terrorism Risk Insurance Act This Endorsement Is Made Part Of Your Pelicy Pursuant To The Terrorism Risk Insurance Act. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrotism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses exceed a deductible amount specified in the Act the federal government will reimburse the insurer for 85 of losses paid in excess of the deductible provided that aggregate industry losses from a certified act of terrorism exceed 100 million. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 1 of 1 2008 Liberty Mutual Group of Companies. All rights reserved. EN 90 48 07 09 | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enroliment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1 | 2 |
Z ZURICH Insured Name Policy Number Effective Date THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA General Liability 3580.00 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 January1 2018 December 31 2018 federal share 82 January1 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. eneral Liability 3580.00 U GU630 D CW 0115 Page 1 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW 0115 Page 2 0f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH e V EINE e R R CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Policy Number Effective Endorsement Date Number THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU767 B CW 0115 Page 1 of 1 | 2 |
Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 10f 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 9243691 03 Named Insured and Mailing Address STROBEL STAROSTKA SEE NAMED INSURED ENDT 106 S GREEN ST CLARKS NE 68628 2755 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 9243691 02 Producer and Mailing Address LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 Producer Code 28832 000 Policy Period Coverage begins 05 01 2015 at1201 AM. Coverageends 05 01 2016 at 1201 AM. The name insured is Individual Partnership Corporation X Other LIMITED LIABILITY COMPANY This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred toin this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM 361580.00 issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 361580.00 This premium does not include Taxes and Surcharges. SEE INSTALLMENT SCHEDULE Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 GENERAL LIABILITY COVERAGE B PREMIUM 361580.00 issued by ZURICH AMERICAN INSURANCE COMPANY | 2 |
Policy Number GLO 9243691 03 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured STROBEL STAROSTKA Effective Date 05 01 15 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 COMMON POLICY FORMS AND ENDORSEMENTS U GU1191 A CW 03 15 SANCTIONS EXCLUSION ENDORSEMENT U GU630 D CW 01 15 DISCLOSURE OF INFO RELATING TO TRIA U GU767 B CW 01 15 CAP ON LOSS FROM CERTIFIED ACTS OF TERR U GU D310 A 01 93 COMMON POLICY DECLARATIONS Ccw 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS cw 01 15 NOTIFICATION OF CHANGES RELATING TO TRIA 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE cw 10 02 SCHEDULE OF NAMED INSURED S 07 94 INSTALLMENT PREMIUM SCHEDULE 11 98 COMMON POLICY CONDITIONS 05 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT 10 13 ILLINOIS CHANGES DEFENSE COSTS 09 08 NORTH DAKOTA CHANGES CANC NONRENL 09 07 NEBRASKA CHANGES CANC NONRENL 03 12 LOUISIANA CHANGES CANC NONRENL 08 07 CALCULATION OF PREMIUM GENERAL LIABILITY FORMS AND ENDORSEMENTS U GL1446 A CW 05 10 NOTIFICATION TO OTHERS OF CANCELLATION U GL1517 B CW 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL U GL851 B CW 06 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL915 C CW 08 04 FELLOW EMPLOYEE COVERAGE ENDORSEMENT U GL923 B CW 06 04 SILICA OR SILICA MIXED DUST EXCLUSION U GL925 B CW 12 01 WAIVER OF SUBROGATION BLANKET ENDT. U GL D851 B CW 09 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL D1115 B CW 09 04 COMMERCIAL GL COVERAGE PART DECLARATIONS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM CG 00 65 04 13 ELECTRONIC DATA LIABILITY COVERAGE FORM U GL1114 A 10 02 COMPOSITE RATE UNIT OF EXPOSURE NOT INCLUDING MIXED USE U GL1060 E 04 13 CONTRACTORS LIABILITY ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 F 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1177 D 10 11 ADL INSD OWNER LESSE CONT SCHEDULED U GL1205 B 01 08 WELDING HEALTH HAZARD EXCLUSION U GL1294 A 10 06 LIMITED OPERATIONS CONSOLIDATED WRAP UP U GL1321 E 10 13 BROAD FORM ADD INS OWNR LESSEE CONTR SCH U GL1342 A 10 07 LEAD LIABILITY EXCLUSION U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL872 B CW 04 09 PREMIUM REPORTS AGREEMENT COMP RATED CG 01 13 12 04 TX CHANGES EXPERIENCE RATING MOD U GL852 A CW 07 96 EMPL BENEFITS LIAB OCCURRENCE DED ENDT 10 93 EARLIER NOTICE OF CANC PROVIDED BY US 12 04 ELECTRONIC DATA LIABILITY ENDORSEMENT 04 13 ADDL INSD OWNERS LESSEES CONTRACTORS 04 13 ADDL INSD LESSOR OF LEASED EQUIPMENT 04 13 ADDL INSD OWNERS LESSEES CONTR COMP OPS 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION 12 04 EXCL EXTERIOR INSULATION FINISH SYSTEM 04 13 EXCL CONTRACTORS PROF LIAB 05 09 WAIVER OF TRANSFER RIGHTS OF RECOVERY 10 01 CONTRACTUAL LIABILITY RAILROADS U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 9243691 03 ULE OF FORMS AND ENDORSEMENTS American Insurance Company Effective Date 05 01 1 1201 A.M. Standard Tin ONS EXCLUSION ENDORSEMENT SURE OF INFO RELATING TO TRIA LOSS FROM CERTIFIED ACTS OF TERR POLICY DECLARATIONS LE OF FORMS AND ENDORSEMENTS ATION OF CHANGES RELATING TO TRIA NT NOTICE IN WITNESS CLAUSE LE OF NAMED INSURED S.MENT PREMIUM SCHEDULE POLICY CONDITIONS 2 ENERGY LIABILITY EXCLUSION ENDT S CHANGES DEFENSE COSTS DAKOTA CHANGES CANC NONRENL A CHANGES CANC NONRENL NA CHANGES CANC NONRENL TION OF PREMIUM NTS ATION TO OTHERS OF CANCELLATION OR DISTRB OF MATRL OR INFO EXCL E BENEFITS LIAB OCCURRENCE COV EMPLOYEE COVERAGE ENDORSEMENT OR SILICA MIXED DUST EXCLUSION OF SUBROGATION BLANKET ENDT. E BENEFITS LIAB OCCURRENCE COV AL GL COVERAGE PART DECLARATIONS IAL GENERAL LIABILITY COV FORM ONIC DATA LIABILITY COVERAGE FORM TE RATE UNIT OF EXPOSURE NOT NG MIXED USE TORS LIABILITY ENDORSEMENT DR BACTERIA EXCLUSION ISD AUTO OWNERS LESSEES CONTRACTR 5D OWNER LESSE CONT SCHEDULED HEALTH HAZARD EXCLUSION OPERATIONS CONSOLIDATED WRAP UP ORM ADD INS OWNR LESSEE CONTR SCH ABILITY EXCLUSION DS EXCLUSION ENDORSEMENT 1 REPORTS AGREEMENT COMP RATED IGES EXPERIENCE RATING MOD CNEFITS LIAB OCCURRENCE DED ENDT R NOTICE OF CANC PROVIDED BY US ONIC DATA LIABILITY ENDORSEMENT ISD OWNERS LESSEES CONTRACTORS NSD LESSOR OF LEASED EQUIPMENT SD OWNERS LESSEES CONTR COMP OPS IENT RELATED PRACTICES EXCLUSION TERIOR INSULATION FINISH SYSTEM ONTRACTORS PROF LIAB OF TRANSFER RIGHTS OF RECOVERY | 2 |
Policy Number GLO 9243691 03 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured STROBEL STAROSTKA Effective Date 05 01 15 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 0 DESIGNATED CONSTRUCTION PROJECTS GENERAL CG 25 04 05 09 DESIGNATED LOCATIONS GENERAL AGGREGATE U GL1059 A CW 05 02 LTD POLLUTION COVERAGE ENDT WORKSITE U GL1084 A CW 05 02 CONTRACTORS DESIGN LIABILITY ENDT U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 9243691 03 ULE OF FORMS AND ENDORSEMENTS American Insurance Company Effective Date 05 01 1 1201 A.M. Standard Tin vo uJ DholGhAalLD LULALIUNS GENERAL AGGRLGALRL GL1059 A CW 05 02 LTD POLLUTION COVERAGE ENDT WORKSITE GL1084 A CW 05 02 CONTRACTORS DESIGN LIABILITY ENDT | 2 |
Z ZURICH NOTIFICATION OF IMPORTANT CHANGES RELATING TO TERRORISM RISK INSURANCE ACT To Our Valued Customers The Terrorism Risk Insurance Program Reauthorization Act of 2007 TRIPRA 2007 had been scheduled to expire on December 31 2014. Congress enacted a six year extension of TRIA entitled Terrorism Risk Insurance Program Reauthorization Act of 2015TRIPRA 2015 which will expire on December 31 2020. For purposes of simplicity we will simply reference the act as TRIA. There are several important changes to TRIA included within the extension of which you should be aware A. Change in Definition of Act of Terrorism Prior to the enactment of the extension legislation TRIA had required that an act of terrorism meant any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State. However this has been changed in that certification by the Secretary of the Treasury shall be in consultation with the Secretary of Homeland Security and the United States Attorney General. B. Reduction in the Federal Share of Terrorism Losses by Increasing the Insurer Co Pay from 15 to 20 Over Five Years The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 January1 2018 December 31 2018 federal share 82 January1 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 C. The Current Program Trigger for Aggregate Industry Insured Losses Will Increase from 100 Million to 200 Million Over Five Years The extension of TRIA increases the Program trigger from 100 million to 200 million over a five year period. This means that the Program trigger will increase by 20 million with respect to any such insured losses occurring in calendar year 2016 and continue to increase by 20 million until calendar year 2020. At the end of this five year period the Program trigger will be 200 million. D. Increases in the Recoupment of the Federal Share of Insured Losses The extension of TRIA increases the amount used to calculate marketplace aggregate retention from 27.5 billion to 37.5 billion in 2 billion increments beginning in the calendar year 2015 and reaching 37.5 billion in calendar year 2019. Beginning in calendar year 2020 the TRIA extension revises the mandatory recoupment amount to be the amount equal to the annual average of the sum of insurer deductibles for all insurers participating in the Program for the prior three calendar years with such amount to be determined annually by the Secretary of the Treasury. Under the TRIA extension the recoupment of mandatory recoupment amounts has increased from 133 to 140. U GU766 8 CW 0115 Page 1 of 1 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. Jany DV lles D ok President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 56 4 pm CT U GU319 F 0109 Pagel of 1 | 2 |
Policy Number GLO 9243691 03 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPANY Named Insured STROBEL STAROSTKA Effective Date 05 01 15 1201 A.M. Standard Time Agent No. 28832 000 LOCKTON COMPANIES LLC NAMED INSURED LLC INC. Agent Name STROBEL STAROSTKA CONSTRUCTION STROBEL CONSTRUCTION UNLIMITED U GU621 A CW 1002 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPAL 3LO 9243691 03 CHantive Nata AE A1 16 STROBEL STAROSTKA TROBEL STAROSTKA CONSTRUCTION LLC TROBEL CONSTRUCTION UNLIMITED INC. | 2 |
INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments on the dates and in the amount shown below. NAMED INSURED POLICY NUMBER STROBEL STAROSTKA GLO 9243691 03 PAYMENT STANDARD DUE PREMIUM 0501 06011 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. U GU406 A 0794 PAGE 1 OF 1 YMENT E 50115 50115 10115 50115 0115 10115 10115 20115 10116 DTAL STANDARD PREMIUM 90395 33899 33898 33898 33898 33898 33898 33898 33898 361580. 00 00 00 00 00 00 00 00 00 00 P TOTAL PREMIUM 90395 33899 33898 33898 33898 33898 33898 33898 33898 361580 00 00 00 00 00 00 00 00 00 00 90395 33899 33898 33898 33898 33898 33898 33898 33898 361580. 00 00 00 00 00 00 00 00 00 00 P 90395 33899 33898 33898 33898 33898 33898 33898 33898 361580 00 00 00 00 00 00 00 00 00 00 | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the firs Named Insured cancels the refund may be les 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 suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the 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 E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but a to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelof1 O IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. by the United States of America or any 2 agency thereof with any person or organi zation.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 10f 2 o | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 m | 2 |
IL01621013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES DEFENSE COSTS This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART. The provisions of Paragraph B. are added to all Insuring Agreements that set forth a duty to defend under 1. Section I of the Commercial General Liability Commercial Liability Umbrella Employment related Practices Liability Farm Liquor Liability Owners And Contractors Protective Liability Pollution Liability Products Completed Operations Liability Product Withdrawal Medical Professional Liability Railroad Protective Liability Underground Storage Tank Coverage Parts Auto Dealers Coverage Form and the Farm Umbrella Liability Policy 2. Section Il under the Auto Dealers Business Auto and Motor Carrier Coverage Forms 3. Section lll under the Auto Dealers and Motor Carrier Coverage Forms 4. Section A. Coverage under the Legal Liability Coverage Form and 5. Coverage C Mortgageholder s Liability under the Mortgageholders Errors And Omissions Coverage Form. Paragraph B. also applies to any other provision in the policy that sets forth a duty to defend.. If we initially defend an insured insured or pay for an insured s insured s defense but later determine that the claims is are not covered under this insurance we will have the right to reimbursement for the defense costs we have incurred. The right to reimbursement for the defense costs under this provision will only apply to defense costs we have incurred after we notify you in writing that there may not be coverage and that we are reserving our rights to terminate the defense and seek reimbursement for defense costs. IL01621013 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
IL 02 34 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY 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 MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common 3 The insured s actions that have sub Policy Condition are replaced by Paragraphs 2. stantially increased or substantially and 3. below except to the extent that Item B. of changed the risk insured this endorsement applies. 2. Policies In Effect a. For Less Than 90 Days If this policy has been in effect for less than 90 days we may cancel the policy for any reason by mailing to the first Named In sured and agent if any written notice of cancellation at least 1 10 days before the effective date of can cellation or 2 Five days before the effective date of cancellation for any condition stated in Paragraph B. of this endorsement.. For 90 Days Or More Or Policies With Terms Longer Than One Year Or Continuous Policies If this policy has been in effect for 90 days or more is a renewal of a policy we issued is a policy issued for a term longer than one year or is a continuous policy we may can cel the policy only for one or more of the following reasons 1 Nonpayment of premiums 2 Misrepresentation or fraud made by the insured or with the insured s knowl edge in obtaining the policy or in pursu ing a claim under the policy 4 The insured s refusal to eliminate known conditions that increase the po tential for loss after our notification that the condition must be removed Substantial change in the risk assumed except to the extent that we should rea sonably have foreseen the change or contemplated the risk in writing the con tract 6 Loss of reinsurance which provided us with coverage for a significant amount of the underlying risk insured 7 A determination by the insurance com missioner that the continuation of the policy could place us in violation of North Dakota insurance laws Nonpayment of dues to an association or organization other than an insurance association or organization where pay ment of dues is a prerequisite to obtain ing or continuing such insurance. Can cellation for this reason does not apply to persons who are retired at 62 years of age or older or to any person who is disabled according to social security standards 5 IL 02 34 09 08 ISO Properties Inc. 2007 Page 10f 2 m | 2 |
9 A violation of any local fire health safety building or construction regula tion or ordinance with respect to Cov ered Property or the occupancy thereof which substantially increases any hazard insured against or 10 Certain conditions exist as stated in Paragraph B. of this endorsement. We will mail written notice of cancellation to the first Named Insured and agent if any at least a Five days before the effective date of cancellation for any condition stated in Paragraph B. of this endorsement b 10 days before the effective date of can cellation for nonpayment of premium or 30 days before the effective date of can cellation for any reason stated in Para graphs 2.b.2 through 9 above. However for policies with terms longer than one year or continuous policies notice of can cellation will be mailed at least 30 days prior to any anniversary date for any reason stated in Paragraphs 2.b.1 through 9 above. If we cancel for a reason listed in Paragraphs 2.b.1 through 9 above the notice of cancel lation will state our reasons for cancellation. 3. We will mail our notice by first class mail to the first Named Insured and agent if any at the last mailing address known to us.. We may also cancel the policy if one or more of the following conditions exist 1. Buildings with at least 65 of the rental units in the building unoccupied. 2. Buildings that have been damaged by a cov ered cause of loss and the insured has stated or such time has elapsed as clearly indicates that the damage will not be repaired. 3. Buildings to which following a fire permanent repairs have not commenced within 60 days fol lowing satisfactory adjustment of loss. 4. Buildings that have been unoccupied 60 or more consecutive days except buildings that have a seasonal occupancy and buildings ac tually in the course of construction or repair and reconstruction which are properly secured against unauthorized entry. 5. Buildings that are in danger of collapse be cause of serious structural conditions or those buildings subject to extremely hazardous con ditions not contemplated in filed rating plans such as those buildings that are in a state of disrepair as to be dilapidated. c 6. Buildings on which because of their physical condition there is an outstanding order to va cate or an outstanding demolition order or which have been declared unsafe in accor dance with applicable law. 7. Buildings from which fixed and salvageable items have been or are being removed and the insured can give no reasonable explanation for the removal. 8. Buildings on which there is reasonable knowl edge and belief that the property is endangered and is not reasonably protected from possible arson for the purpose of defrauding an insurer. 9. Buildings with any of the following conditions a. Failure to furnish heat water sewer service or public lighting for 30 consecutive days or more. b. Failure to correct conditions dangerous to life health or safety. c. Failure to maintain the building in accor dance with applicable law. d. Failure to pay property taxes for more than one year. 10. Buildings that have characteristics of owner ship condition occupancy or maintenance which are violative of law or public policy. C. The following is added and supersedes any provi sion to the contrary NONRENEWAL 1. If we elect not to renew this policy we will mail to the last known address of the first Named Insured shown in the Declarations and agent if any a notice of intention not to renew at least a. 60 days prior to the expiration date of the policy except as provided in Paragraph b. or b. 90 days prior to the expiration date of the policy when the policy provides profes sional liability coverage for legal and medi cal services. The notice of nonrenewal will state our reason for nonrenewal. 2. We will mail our notice by first class mail to the first Named Insured and agent if any at the last mailing address known to us. 3. We need not mail or deliver this notice if you have a. Insured elsewhere b. Accepted replacement coverage or c. Requested or agreed to nonrenewal. Page 2 of 2 ISO Properties Inc. 2007 IL 0234 09 08 o | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2. Cancellation Of Policies In Effect a. 60 Days Or Less sured or If this policy has been in effect for 60 days 7 The determination by the Director of In or less we may cancel this policy for any surance that the continuation of the pol reason. icy could place us in violation of the Ne b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substan tially increased braska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stat ing the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 10of 2 m | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mail ing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 ISO Properties Inc. 2006 IL 02 59 09 07 o | 2 |
IL 027703 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOUISIANA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA 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 MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART STANDARD PROPERTY POLICY A. Paragraph 2. of the Cancellation Common Policy b. Cancellation Of Renewal Policies And New Condition is replaced by the following which applies unless Paragraph B. of this endorsement applies 2. Notice Of Cancellation a. Cancellation Of Policies In Effect For Fewer Than 60 Days Which Are Not Renewals If this policy has been in effect for fewer than 60 days and is not a renewal of a policy we issued we may cancel this policy for any reason subject to the following 1 Cancellation for nonpayment of premium We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 10 days before the effective date of cancellation. Cancellation for any other reason We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 2 Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge with the intent to deceive in obtaining the policy continuing the policy or in presenting a claim under the policy Activities or omissions by you which change or increase any hazard insured against Change in the risk which increases the risk of loss after we issued or renewed this policy including an increase in exposure due to regulation legislation or court decision 3 4 5 Determination by the Commissioner of Insurance that the continuation of this policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state b. Cancellation Of Renewal Policies And New Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge with the intent to deceive in obtaining the policy continuing the policy or in presenting a claim under the policy Activities or omissions by you which change or increase any hazard insured against Change in the risk which increases the risk of loss after we issued or renewed this policy including an increase in exposure due to regulation legislation or court decision Determination by the Commissioner of Insurance that the continuation of this policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state 3 4 5 IL 02770312 Insurance Services Office Inc. 2011 Page 10f3 m | 2 |
6 The insured s violation or breach of any policy terms or conditions or 7 Any other reasons that are approved by the Commissioner of Insurance. We will mail or deliver written notice of cancellation under Paragraph A.2.b. to the first Named Insured at least a 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b 30 days before the effective date of cancellation if we cancel for a reason described in Paragraphs A.2.b.2 through 7 above. B. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following which applies with respect to premium payments due on new and renewal policies including installment payments 2. Notice Of Cancellation a. If your premium payment check or other negotiable instrument is returned to us or our agent or a premium finance company because it is uncollectible for any reason we may cancel the policy subject to Paragraphs B.2.b. and B.2.c. b. We may cancel the policy effective from the date the premium payment was due by sending you written notice by certified mail or by delivering such notice to you within 10 days of the date that we receive notice of the returned check or negotiable instrument. c. The cancellation notice will also advise you that the policy will be reinstated effective from the date the premium payment was due if you present to us a cashier s check or money order for the full amount of the returned check or other negotiable instrument within 10 days of the date that the cancellation notice was mailed. C. With respect to the Coverage Parts and Policies to which this endorsement applies except the Equipment Breakdown Coverage Part Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 5. Premium Refund If this policy is cancelled we will return any premium refund due subject to Paragraphs C.5.a C.5.b C.5.c. C.5.d. C.5.e. and C.5.f. The cancellation will be effective even if we have not made or offered a refund. a. If we cancel the refund will be pro rata. b. If the first Named Insured cancels the refund will not be less than 90 of the pro rata unearned premium rounded to the next higher whole dollar. The refund will be returned within 30 days after the effective date of cancellation. c. We will send the refund to the first Named Insured unless Paragraph C.5.d. or C.5.e. applies. d. If we cancel based on Paragraph B.2. of this endorsement we will return the premium due if any within 10 days after the expiration of the 10 day period referred to in B.2 If the policy was financed by a premium finance company or if payment was advanced by the insurance agent we will send the return premium directly to such payor. e. With respect to any cancellation of the Commercial Auto Coverage Part we will send the return premium if any to the premium finance company if the premium was financed by such company. f. When return premium payment is sent to the premium finance company or the agent of the insured we will provide notice to you at the time of cancellation that a return of unearned premium may be generated by the cancellation. D. With respect to the Equipment Breakdown Coverage Part Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 5. Premium Refund If this policy is cancelled we will return any premium refund due subject to Paragraphs D.5.a. D.5.b. D.5.c. D.5.d. and D.5.e. The cancellation will be effective even if we have not made or offered a refund. a. If we cancel the refund will be pro rata. b. If the first Named Insured cancels the refund will not be less than 75 of the pro rata unearned premium rounded to the next higher whole dollar. The refund will be returned within 30 days after the effective date of cancellation. c. We will send the refund to the first Named Insured unless Paragraph D.5.d. applies. Page 2 0f 3 Insurance Services Office Inc. 2011 IL 027703 12 m | 2 |
d. If we cancel based on Paragraph B.2. of this endorsement we will return the premium due if any within 10 days after the expiration of the 10 day period referred to in B.2.c. If the policy was financed by a premium finance company or if payment was advanced by the insurance agent we will send the return premium directly to such payor. e. When return premium payment is sent to the premium finance company or the agent of the insured we will provide notice to you at the time of cancellation that a return of unearned premium may be generated by the cancellation. E. The Premiums Common Policy Condition is replaced by the following Premiums 1. The first Named Insured shown in the Declarations is responsible for the payment of all premiums. 2. We will pay return premiums if any to the first Named Insured unless another person or entity is entitled to be the payee in accordance with Paragraph C. or D. of this endorsement. F. Paragraph f. of the Mortgageholders Condition in the Commercial Property Coverage Part Standard Property Policy and the Capital Assets Program Output Policy Coverage Part and Paragraph 4.f. of the Mortgageholders Condition in the Farm Coverage Part are replaced by the following If we cancel a policy that has been in effect for fewer than 60 days and is not a renewal of a policy we issued we will give written notice to the mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. If we cancel a policy that has been in effect for 60 days or more or is a renewal of a policy we issued we will give written notice to the mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. G. 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 written notice of nonrenewal to the first Named Insured mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at least 60 days before its expiration date or its anniversary date if it is a policy written for a term of more than one year or with no fixed expiration date. 2. We need not mail or deliver this notice if a. We or another company within our insurance group have offered to issue a renewal policy or b. You have obtained replacement coverage or have agreed in writihng to obtain replacement coverage. 3. Any notice of nonrenewal will be mailed or delivered to the first Named Insured mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at the last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Such notice to the insured shall include the insured s loss run information for the period the policy has been in force within but not to exceed the last three years of coverage. IL 02770312 Insurance Services Office Inc. 2011 Page 30f 3 o | 2 |
IL 00 03 08 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE 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 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was is sued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 08 07 ISO Properties Inc. 2006 Page 10of 1 m | 2 |
Z ZURICH Important Notice Texas Safety Consultation Services Zurich in North America has loss control services available at no additional charge. If you would like additional information regarding these services please contact us or visit our website. If you would like to request services please complete the information on this form and mail it to the address listed below. Zurich Services Corporation Risk Engineering 1400 American Lane Schaumburg lllinois 60196 1056 1 800 982 5964 httpwww.zurichna.com riskengineering request additional safety and health services Company name Contact name Address City State Zip code Telephone number Policy number LC373.C TX 0112 Page 1 of 1 | 2 |
Z Notification to Others of Cancellation ZURICH 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 Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part A If we cancel this Coverage Parts by written notice to the first Named Insured for any reason other than nonpayment of premium we will mail or deliver a copy of such written notice of cancellation 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2. At least 10 days prior to the effective date of the cancellation as advised in our notice to the first Named Insured or the longer number of days notice if indicated in the Schedule below. If we cancel this Coverage Parts by written notice to the first Named Insured for nonpayment of premium we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. If notice as described in Paragraphs A. or B. of this endorsement is mailed proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Persons Organizations Dmig HESS CORPORATION 30 1501 MCKINNEY ST HOUSTON TX 77010 All other terms and conditions of this policy remain unchanged. U GL1446 A CW 0510 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z Or ZURICH Recording And Distribution Of Material Information In Violation Of Law Exclusion 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 A. Exclusion g. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon 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 Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon 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 Transaction Act FACTA or UGL1517 B CW 0413 Page 1 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. UGL1517 B CW 0413 Page 20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Employee Benefits Liability Occurrence Coverage Form Z ZURICH This Coverage Form provides occurrence 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 Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. 2. Insuring Agreement A. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured in the ad ministration of the insured s employee benefit programs. We will have the right and duty to de fend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit secking damages for any act error or omission for which this insurance does not apply. We may at our discretion investi gate any claim and settle any suit that may result but 1. The amount we pay for damages is limited as described in Section II. Limits of Insurance of this Coverage Part 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 un der this Employee Benefit Liability coverage. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supple mentary Payments of this Coverage Part. This only if surance applies to an act error or omi 1. The act error or omission takes place in the coverage territory 2. The insured had no knowledge of and could not have reasonably forescen any circum stances which might result in a claim or suit and 3. The act error or omi policy period. on occurs during the Exclusions This insurance does not apply to any G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation. Any claim or suit arising out of an insurer s or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant. Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured.. Any claim or suit arising out of an Insured s liability as a fiduciary under G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation Any claim or suit arising out of an insure or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant. Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured. Any claim or suit arising out of an Insured s liability as a fiduciary under U GL851 B CW 604 Page 10f 4 | 2 |
a. The Employee Retirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supple mentary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judg ment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our liability. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day be cause of time off from work. D. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. II. Limits of Insurance A. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. Subject to the Aggregate Limit provisions in B. above the Each Act Error or Omission Limit is the most we will pay for all damages sustained by any one employee. including the employee s de pendents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs.. The limits of this Coverage Part apply separately to each consecutive annual period and to any remain ing period of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance 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 pur poses of determining the Limits of Insurance. IL Conditions A. Bankruptey Bankruptey or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap plicable deductible amount you must see to it that we are notified as soon as practicable of any act error or omission which may result in a claim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employee and witnes 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b. Notify us as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information. Cooperate with us in the investigation set tlement or defense of the claim or suit and d. Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury to which this in surance may also apply. No insureds will except at their own cost. vol untarily make a payment assume any obliga tion or incur any expense without our consent. C. Legal Action Against Us U GL851 B CW 604 Page 20f 4 | 2 |
No person or organization has a right 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 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 obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured. and the claimant or the claimant s legal representative. Other Insurance 1 This Coverage Part is primary insurance ex cept when stated to apply in excess of or con tingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which applies to the loss on an exc or contingent basis the amount of our liability under this Coverage Part shall not be reduced because of such other insurance. 2 When both this insurance and other insurance apply to the loss on the same basis whether primary excess or contingent we shall not be liable for a greater proportion of the loss than that stated in the applicable contribution provi sion below a. Contribution by Equal Shares If all of the other insurance permits contri bution 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. b. Contribution by Limits If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur ers. E. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies 1 As if each Named Insured were Named Insured and the only 2 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 The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 1V. Definitions A. B. C. D. E. F. 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 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and 2 Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertise ment. Administration means 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs 2 Handling records in connection with employee benefit programs or 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or dis ease sustained by a person. including death result ing from any of these at any time. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay damages is determined in a suit on the merits in the territory described in D. 1 above or in a settlement to which we agree. Employee means Your officers and employees whether actively em ployed disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compensa tion une mployment insurance salary continuation U GL851 B CW 604 Page 3of 4 | 2 |
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