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COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section 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 under Coverages A or Bor medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory c.. Bodily injury or. Damages because of bodily 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 2 injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. nis policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and nization qualifying as a Named y. The words we us and providing this insurance. s any person or organization r Section Il Who Is An es that appear in quotation ning. Refer to Section V s INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1aages. However. we will have 2 M 4 CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed wunder any insured contract for the ownership maintenance or use of aircraft or watercraft or b 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you Page 4 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 1l Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 lmpaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or VAR dli el TIEVE or rental by you. nd 6 of this exclusion ity assumed under a usion does not apply to ded in the products ard. s ur product arising out ur work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or Bor medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertising injury to which this Page 6 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and rennrted Page 8 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract limits of b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above conditons are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. suit and the information urrence are such that no t between the interests of rests of the indemnitee the insured ask us to the defense of that 1 suit and agree that we counsel to defend the tee and CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damageto any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suitand the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. i IpIELEL Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented y you with he last preceding perio for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or 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 Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. i iii c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree The statements in the Declarations accurate and complete are Page 12 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
b. Those statements are based representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. upon 3.. Hostile However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 2 3. 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. 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 fuffiling the terms of the contract or agreement. Wiy deuiylivid it e lamed Insured this vere the only Named igainst whom claim is Against Others To yver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto it is in or on an aircraft watercraft or sor c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportaton of persons or cargo. agreement except in ruction or demolition 0 feet of a railroad ired by ordinance to except in connection ty rAreement Page 14 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
3 However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 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. b. 1 Products 2 3 the 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 productor your work except that are still possession or in your physical 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. 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. Does not include bodily injury or property damage arising out of b c 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. equipment but will be imarily for but not construction milar devices mounted k chassis and used to and mps and generators welding building exploration lighting pment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses mprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or gese a person s or 2 3 CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions.. 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 20 S 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 warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. to provide 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 warnings or instructions. to provide o Page 16 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
POLICY NUMBER CPP144139A COMMERCIAL GENERAL LIABILITY CG 04351207 POLICY NUMBER CPP144139A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Deductible Limit Of Insurance Employee Benefits S 1000000 each employee 1000 281 Programs 1000000 aggregate Retroactive Date 09 24 2019 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omission No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supple mentary Payments. b. This insurance applies to damages only if 1 The act error or omission is negligently of the insured or of any other person for committed in the administration of your whose acts the insured is legally liable to employee benefit program which this insurance applies. We will have 2 The act error or omission did not take the right and duty to defend the insured place before the Retroactive Date if any against any suit seeking those damages. shown in the Schedule nor after the end However we will have no duty to defend the of the policy period and insured against any suit seeking damages 3 Aclaim for damages because of an act to which thsvmsuranog does not apply. We error or omission is first made against may at our discretion investigate any report any insured in accordance with Para of an act error or omission and settle any graph c. be6W during the policy period claim or suit that may result. But or an Extended Reporting Period we pro 1 The amount we will pay for damages is vide under Paragraph F. of this en limited as described in Paragraph D. dorsement. Section Il Limits Of Insurance and. A claim seeking damages will be deemed to 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. have been made at the earlier of the follow ing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or CG 04351207 ISO Properties Inc. 2006 Insured Copy Page 10f 6 m | 2 |
2 When we make settlement in accordance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the pol icy period will be considered to have been received within the policy period if no sub sequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefici aries will be deemed to have been made at the time the first of those claims is made against any insured.. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance 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. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable be cause of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other em ployment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and Bare replaced by Supplemen tary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. Page 2 of 6 ISO Properties Inc. 2006 Insured Copy CG 04351207 o | 2 |
c. 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 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 ap plies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the ad ministration of your employee benefit pro gram. c. Subject to the Aggregate Limit the Each Employee Limitis the most we will pay for all damages sustained by any one employee including damages sustained by such em ployee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be sub ject to the limits and restrictions that apply to the payment of benefits in any plan in cluded in the employee benefit program. The Limits of Insurance of this endorsement ap ply separately to each consecutive annual pe riod 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 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. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as 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 Sched ule 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 in surance 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 deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as 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 re placed 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 ex tent possible notice should include 1 What the act error or omission was and when it occurred and CG 04351207 ISO Properties Inc. 2006 Insured Copy Page 3 of 6 m | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practi cable. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the 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 Para graph 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. 2 3 4 b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 Wnen this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has aduty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that ex ceeds 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. We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorse ment. c. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will con tribute by limits. Under this method each in surer s share is based on the ratio of its ap plicable limits of insurance to the total applicable limits of insurance of all insurers. 4 Page 4 of 6 ISO Properties Inc. 2006 Insured Copy CG 04351207 o | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Pe riod provisions are added or if this endorsement is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended 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 endorse ment or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of cover age provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not be fore the Retroactive Date if any shown in the Schedule. Once in effect the Extended Report ing 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 ac cordance 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 en dorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period ag gregate limit of insurance described below but only for claims first received and recorded dur ing 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 un der 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 ap ply 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 includ ing their dependents and beneficiaries with respect to eligibility for or scope of em ployee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ISO Properties Inc. 2006 Insured Copy Page 5 of 6 m | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafe teria 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 eli gibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disabil ity benefits d. Vacation plans including buy and sell pro grams leave of absence programs including military maternity family and civil leave tui tion assistance plans transportation and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. Employee means a person actively employed formerly employed on leave of absence or dis abled or retired. Employee includes a leased worker. Employee does not include a tempo rary worker. 18. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 ISO Properties Inc. 2006 Insured Copy CG 04351207 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 0514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Se Personal And Adverti 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. n Coverage ng Injury Lial y CG 21060514 Insurance Services Office Inc. 2013 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Lial 3 This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at 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 Wnhether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Wnhether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Insured Copy Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 60 09 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION YEAR 2000 COMPUTER RELATED AND OTHER ELECTRONIC PROBLEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Ex clusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclu sions of Section I Coverage B Personal And Adver tising Injury Liabili 2. Exclusions This insurance does not apply to bodily injury property damage personal injury or advertising injury or personal and advertising injury if de fined as such in your policy arising direcily or in directly out of a. Any actual or alleged failure malfunction or inadequacy of 1 Any of the following whether belonging to any insured or to others a Computer hardware including micro processors b Computer application software Computer operating systems and re lated software d Computer networks e Microprocessors computer chips not part of any computer system or Any other computerized or electronic equipment or components or 2 Any other products and any services data or functions that directly or indirectly use or rely upon in any manner any of the items listed in Paragraph 2.a.1 ofthis en dorsement due to the inability to correctly recognize pro cess distinguish interpret or accept the year 2000 and beyond. Any advice consultation design evaluation in spection installation maintenance repair re placement or supervision provided or done by you or for you to determine rectify or test for any potential or actual problems described in Paragraph 2.a. ofthis endorsement. Page 1 of 1 CG 21 60 09 98 Copyright Insurance Services Office Inc. 1998 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIAEXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Lial 3 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing 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. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or 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 detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing 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. CG 21671204 ISO Properties Inc. 2003 Insured Copy Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG21750115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following COMMERCIAL GENERAL 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 following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all 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 2. 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 or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. CG21750115 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 2 | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or The premises of any United States mission and b c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Insurance Services Office Inc. 2015 Insured Copy CG21750115 | 2 |
COMMERCIAL GENERAL LIABILITY CG 016810 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MICHIGAN CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The paragraph relating to prejudgment interest in 3. The reference to Paragraph d. is amended to Supplementary Payments Section 1 is re read Paragraph e. placed by the following 4. The following is added Prejudgment interest awarded against the in d. Failure to give any notice required by this sured on that part of the judgment we pay. condition within the time period specified B. With respect to the Duties Condition Section IV shall not invalidate any claim made by you if it shall be shown not to have been rea sonably possible to give notice within the prescribed time period and that notice was given as soon as was reasonably possible. 1. Notice given by or on behalf of the insured to our authorized agent with particulars suffi cient to identify the insured shall be consid ered notice to us. 2. The last sentence of Paragraph 2.b. is de leted. CG 01681009 Insurance Services Office Inc. 2009 Insured Copy Page 10f 1 m | 2 |
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES and FOOT AND MOUTH DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to SECTION COVERAGES for COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to 1. Bodily injury property damage o r personal and advertising injury arising out of resulting from caused or contributed to by a. Transmissible Spongiform Encephalopathies hereinafter referred to as TSE b. Footand Mouth Disease hereinafter referred to as FMD c. Exposure to TSE andor FMD or d. Exposure to any item that is known or suspected to cause contribute to or enable TSE andor FMD 2. The costs of abatement mitigation removal or disposal of feed feed additives or animals or of any premises or equipment handling such items as a result of any known or suspected connection between such items and TSE andor FMD or 3. Any costs related to a person s abatement mitigation or removal of or testing medical monitoring medical costs or cure for TSE andor FMD. This exclusion also includes a. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above and Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage. b. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLB075 0102 Page 1of 1 Insured Copy VSF | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION MODIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. POLLUTION CLARIFICATION The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and to Subparagraphs m. Pollution and n. Pollution related of Paragraph 2. Exclusions under SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY or to any amendment to or replacement thereof This exclusion applies even if the pollutants have a function in your business operations premises site or location. B. The definition of Pollutants under SECTION V DEFINITIONS is deleted and replaced by 15. Pollutants mean a. Any organic or inorganic substance or material that is a solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot dust fumes acids alkalis chemicals fibers particles sludge by products biofuels herbicides pesticides insecticides fertilizers and all other similar chemicals and waste. b. Waste includes but is not limited to 1 materials that have been or are to be recycled reconditioned or reclaimed or 2 the excrement of livestock poultry or other animals. c. Pollutants also include gasoline diesel fuel all other petroleum products and their derivatives. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. withts permission. CGLB096 0413 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OCCURRENCE DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Commercial General Liability Policy Business Auto Policy Commercial Output Program Property Coverage Policy The following is added to the Deductible provisions DEDUCTIBLE APPLYING TO LOSS UNDER MORE THAN ONE POLICY If an occurrence gives rise to a loss under more than one policy issued by us and shown in the Schedule of this endorsement only one deductible shall apply to all damages arising from the occurrence which are covered by any policy issued by us and shown in the above Schedule. In determining which deductible applies we will use the largest of the policy deductibles applying tothe loss for any coverage provided by the applicable policies issued by us and shownin the Schedule of this endorsement. OUR RIGHT TO REIMBURSEMENT To settle any claim or suit we will pay all orany part of any deductible. You must reimburse us for the deductible or the part of the deductible we paid. CGLB103 1105 Page 1of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to bodily injury property damage or personal and advertising injury due to the insured s rendering of or failure to render any professional service. 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 service. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with ts permission. CG2116 0413 CGLB132 0413 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT MODIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of mobile equipment under SECTION V DEFINITIONS is amended to include Mobile equipment does not include locomotives railroad cars or similar rolling stock designed for and used on railroad tracks. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CGLB153 1114 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION LIMITED EXCEPTION FOR INGESTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. However this exclusion does not apply to ingestion of silica or silica related dust that is on or contained in an edible good or edible product intended for human consumption. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. However this exclusion does not apply to ingestion of silica or silica related dust that is on or contained in an edible good or edible product intended for animal consumption. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. C. The following definitions are added to the DEFINITIONS Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with ts permission. Insured Copy CGLB159 0116 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF BODILY INJURY DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The definition of bodily injury under SECTION V DEFINITIONS is deleted and replaced by 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with ts permission. CGLB166 0317 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS ELECTRO MAGNETIC EMISSIONS LEAD AND RADON EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusions are added to Paragraph 2. Exclusions of Section ICoverage A Bodily Injury And Property Damage and to Paragraph 2. Exclusions of Section I Coverage B Personal and Advertising Injury This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of any of the following 1. Asbestos orany asbestos related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or failure to disclose the presence of asbestos or other duty involving asbestos its use exposure existence detection removal elimination or avoidance. Electro magnetic emissions or radiation related injury or damageincluding but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving any electro magnetic emissions or radiation from any exposure to or any use existence detection removal elimination or avoidance of electrical energy. Lead orany lead related injury or damage including but notlimited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving lead or lead products their use exposure existence detection removal elimination or avoidance. Radon or any other radioactive emissions manmade or natural or any related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involvingradon orany other radioactive emissions their use exposure existence detection removal elimination or avoidance. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLB310 0110 Page 1 of 1 Insured Copy Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY Cyber Suite Coverage Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Throughout this Coverage Endorsement hereinafter referred to as Cyber Coverage the words you and your refer to the Named Insureds shown in the Cyber Suite Supplemental Declarations of this Cyber Coverage and any other persons or organizations qualifying as a Named Insured under this Cyber Coverage. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotations have special meaning. Refer to DEFINITIONS. The terms and conditions of the Cancellation Clause of the Common Policy Conditions and any amendment to such terms incorporated by endorsement are hereby incorporated herein and shall apply to coverage as is afforded by this Cyber Coverage unless specifically stated otherwise in an endorsements attached hereto. A. COVERAGE This section lists the coverages that apply if indicated in the Cyber Suite Supplemental Declarations. 1. Data Compromise Response Expenses a. Data Compromise Response Expenses applies only if all of the following conditions are met 1 There has been a personal data compromise and 2 Such personal data compromise took place in the coverage territory and 3 Such personal data compromise is first discovered by you during the policy period and 4 Such personal data compromise is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you. b. If the conditions listed in a. above have been met then we will provide coverage for the following expenses when they arise directly from such personal data compromise and are necessary and reasonable. Items 4 and 5 below apply only if there has been a notification of the personal data compromise to affected individuals as covered under item 3 below. 1 Forensic IT Review We will pay for a professional information technologies review if needed to determine within the constraints of what is possible and reasonable the nature and extent of the personal data compromise and the number and identities of the affected individuals. This does not include costs to analyze research or determine any of the following a Vulnerabilities in systems procedures or physical security b Compliance with Payment Card Industry or other industry security standards or c The nature or extent of loss or damage to data that is not personally identifying information or personally sensitive information. If there is reasonable cause to suspect that a covered personal data compromise may have occurred we will pay for costs covered under Forensic IT Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data compromise we will not pay for any further costs. Legal Review We will pay for a professional legal counsel review of the personal data compromise and how you should best respond to it. If there is reasonable cause to suspect that a covered personal data compromise may have occurred we will pay for costs covered under Legal Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data compromise we will not pay for any further costs. Notification to Affected Individuals We will pay your necessary and reasonable costs to provide notification of the personal data compromise to affected individuals. 3 CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 1 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 4 Services to Affected Individuals We will pay your necessary and reasonable costs to provide the following services to affected individuals. Services c and d below apply only to affected individuals from personal data compromise events involving personally identifying information. a Informational Materials A packet of loss prevention and customer support information. b Help Line A toll free telephone line for affected individuals with questions about the personal data compromise. Where applicable the line can also be used to request additional services as listed in c and d below. Credit Report and Monitoring A credit report and an electronic service automatically monitoring for activities affecting an individual s credit records. This service is subject to the affected individual enrolling for this service with the designated service provider. Identity Restoration Case Management As respects any affected individual who is or appears to be a victim of identity theft that may reasonably have arisen from the personal data compromise the services of an identity restoration professional who will assist that affected individual through the process of correcting credit and other records and within the constraints of what is possible and reasonable restoring control over his or her personal identity. Public Relations We will pay for a professional public relations firm review of and response to the potential impact of the personal data compromise on your business relationships. This includes necessary and reasonable costs to implement public relations recommendations of such firm. This may include advertising and special promotions designed to retain your relationship with affected individuals. However we will not pay for a Promotions provided to any of your directors or employees or b Promotion costs exceeding 25 per affected individual. Regulatory Fines and Penalties We will pay for any fine or penalty imposed by law to the extent such fine or penalty is legally insurable under the law of the applicable jurisdiction. 7 PCI Fines and Penalties We will pay for any Payment Card Industry fine or penalty imposed under a contract to which you are a party. PCI Fines and Penalties do not include any increased transaction costs. 2. Computer Attack a. Computer Attack applies only if all of the following conditions are met 1 There has been a computer attack and 2 Such computer attack occurred in the coverage territory and 3 Such computer attack is first discovered by you during the policy period and 4 Such computer attack is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you. b. If the conditions listed in a. above have been met then we will provide you the following coverages for loss directly arising from such computer attack. 1 Data Restoration We will pay your necessary and reasonable data restoration costs. 2 Data Re creation We will pay your necessary and reasonable data re creation costs. 3 System Restoration We will pay your necessary and reasonable system restoration costs. c d s CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 2 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 4 Loss of Business We will pay your actual business income and extra expense loss incurred during the period of restoration. s Extended Income Recovery If you suffer a covered business income and extra expense loss resulting from a computer attack on a computer system owned or leased by you and operated under your control we will pay your actual extended income loss. 6 Public Relations If you suffer a covered business income and extra expense loss we will pay for the services of a professional public relations firm to assist you in communicating your response to the computer attack to the media the public and your customers clients or members. Cyber Extortion a. Cyber Extortion applies only if all of the following conditions are met 1 There has been a cyber extortion threat and 2 Such cyber extortion threat is first made against you during the policy period and 3 Such cyber extortion threat is reported to us as soon as practicable but in no event more than 60 days after the date it is first made against you. b. If the conditions listed in a. above have been met then we will pay for your necessary and reasonable cyber extortion expenses arising directly from such cyber extortion threat. The payment of cyber extortion expenses must be approved in advance by us. We will not pay for cyber extortion expenses that have not been approved in advance by us. We will not unreasonably withhold our approval. c. You must make every reasonable effort not to divulge the existence of this Cyber Extortion coverage. Misdirected Payment Fraud a. Misdirected Payment Fraud applies only if all of the following conditions are met 1 There has been a wrongful transfer event against you 2 Such wrongful transfer event took place in the coverage territory 3 Such wrongful transfer event is first discovered by you during the policy period 4 Such wrongful transfer event is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you and 5 Such wrongful transfer event is reported in writing by you to the police. b. If the conditions listed above in a. have been met then we will pay your necessary and reasonable wrongful transfer costs arising directly from the wrongful transfer event. Computer Fraud a. Computer Fraud applies only if all of the following conditions are met 1 There has been a computer fraud event against you and 2 Such computer fraud event took place in the coverage territory and 3 Such computer fraud event is first discovered by you during the policy period and 4 Such computer fraud event is reported to us within 60 days after the date it is first discovered by you and 5 Such computer fraud event is reported in writing by you to the police. b. If the conditions listed in a. above have been met then we will pay your necessary and reasonable computer fraud costs arising directly from the computer fraud event. Data Compromise Liability a. Data Compromise Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of one of the following a A claim or CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 3 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY b A regulatory proceeding. 2 Such claim or regulatory proceeding must arise from a personal data compromise that a Took place during the coverage term b Took place in the coverage territory and c Was submitted to us and insured under Data Compromise Response Expenses. 3 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered 1 Loss directly arising from the claim or 2 Defense costs directly arising from a regulatory proceeding. c. All claims and regulatory proceedings arising from a single personal data compromise or interrelated personal data compromises will be deemed to have been made at the time that notice of the first of those claims or regulatory proceedings is received by you. Network Security Liability a. Network Security Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of a claim which arises from a network security incident that a Took place during the coverage term and b Took place in the coverage territory and 2 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered loss directly arising from the claim. c. All claims arising from a single network security incident or interrelated network security incidents will be deemed to have been made at the time that notice of the first of those claims is received by you. Electronic Media Liability a. Electronic Media Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of a claim which arises from an electronic media incident that a Took place during the coverage term and b Took place in the coverage territory and 2 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered loss directly arising from the claim. c. All claims arising from a single electronic media incident or interrelated electronic media incidents will be deemed to have been made at the time that notice of the first of those claims is received by you. Identity Recovery a. Identity Recovery applies only if all of the following conditions are met 1 There has been an identity theft involving the personal identity of an identity recovery insured under this Cyber Coverage and 2 Such identity theft took place in the coverage territory and 3 Such identity theft is first discovered by the identity recovery insured during the policy period and 4 Such identity theft is reported to us within 60 days after it is first discovered by the identity recovery insured. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 4 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY b. If the conditions listed in a. above have been met then we will provide the following to the identity recovery insured 1 Case Management Service We will pay for the services of an identity recovery case manager as needed to respond to the identity theft and 2 Expense Reimbursement We will pay for reimbursement of necessary and reasonable identity recovery expenses incurred as a direct result of the identity theft. B. EXCLUSIONS The following additional exclusions apply to this coverage We will not pay for costs or loss arising from the following 1. 2. 10. 15. 16. 18.. Any personal data compromise Nuclear reaction or radiation or radioactive contamination however caused. War and military action including any of the following and any consequence of any of the following a. War including undeclared or civil war b. Warlike action by military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power political violence or action taken by governmental authority in hindering or defending against any of these. Failure or interruption of or damage to any electrical power supply network or telecommunications network not owned and operated by you including but not limited to the internet internet service providers Domain Name System DNS service providers cable and wireless providers internet exchange providers search engine providers internet protocol networks and similar networks that may have different designations and other providers of telecommunications or internet infrastructure. Any attack on incident involving or loss to any computer or system of computers that is not a computer system. Costs to research or correct any deficiency. Any fines or penalties other than those explicitly covered under Data Compromise Response Expenses. Any criminal investigations or proceedings. Your intentional or willful complicity in a covered loss event. Your reckless disregard for the security of your computer system or data including confidential or sensitive information of others in your care custody or control. Any criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law by you. computer attack cyber extortion threat wrongful transfer event computer fraud event or wrongful act occurring before the coverage term.. That part of any claim seeking any non monetary relief. However this exclusion does not apply to defense costs arising from an otherwise insured wrongful act.. The propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers in connection with hardware or software created produced or modified by you for sale lease or license to third parties.. Any oral or written publication of material if done by you or at your direction with knowledge of its falsity. Property damage or bodily injury other than mental anguish or mental injury alleged in a claim covered under Electronic Media Liability. The theft of a professional or business identity.. Any fraudulent dishonest or criminal act by an identity recovery insured or any person aiding or abetting an identity recovery insured or by any authorized representative of an identity recovery insured whether acting alone or in collusion with others. However this exclusion will not apply to the interests of an identity recovery insured who has no knowledge of or involvement in such fraud dishonesty or criminal act. An identity theft that is not reported in writing to the police. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 5 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY C. LIMITS OF INSURANCE 1. Aggregate Limits Except for post judgment interest the Annual Aggregate Limit for each coverage section shown in the Cyber Suite Supplemental Declarations is the most we will pay for all loss under that coverage section in any one policy period or any applicable Extended Reporting Period. The Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations applies regardless of the number of insured events first discovered or claims or regulatory proceedings first received during the policy period or any applicable Extended Reporting Period. Coverage Sublimits a. Data Compromise Sublimits The most we will pay under Data Compromise Response Expenses for Forensic IT Review Legal Review Public Relations Regulatory Fines and Penalties and PCI Fines and Penalties coverages for loss arising from any one personal data compromise is the applicable sublimit for each of those coverages shown in the Cyber Suite Supplemental Declarations. These sublimits are part of and not in addition to the Data Compromise Response Expenses Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. Public Relations coverage is also subject to a limit per affected individual as described in A.1.b.5. b. Computer Attack Sublimits The most we will pay under Computer Attack for Loss of Business and Extended Income Recovery coverages for loss arising from any one computer attack is the applicable Loss of Business sublimit shown in the Cyber Suite Supplemental Declarations. The most we will pay under Computer Attack for Public Relations coverage for loss arising from any one computer attack is the applicable Public Relations sublimit shown in the Cyber Suite Supplemental Declarations. These sublimits are part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. c. Cyber Extortion Sublimit The most we will pay under Cyber Extortion coverage for loss arising from one cyber extortion threat is the applicable sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. d. Misdirected Payment Fraud Sublimit The most we will pay under Misdirected Payment Fraud coverage for loss arising from one wrongful transfer event is the applicable sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. e. Computer Fraud Sublimit The most we will pay under Computer Fraud coverage for loss arising from one computer fraud event is the applicable sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the Computer Attack Annual Aggregate Limit shown in the Cyber Suite Supplemental Declarations. f. Identity Recovery Sublimits The following provisions are applicable only to the Identity Recovery Coverage. 1 Case Management Service is available as needed for any one identity theft for up to 12 consecutive months from the inception of the service. Expenses we incur to provide Case Management Services do not reduce the annual aggregate limit for Identity Recovery. 2 Costs covered under item d. Legal Costs of the definition of identity recovery expenses are part of and not in addition to the annual aggregate limit for Identity Recovery. 3 Costs covered under item e. Lost Wages and item f. Child and Elder Care Expenses of the definition of identity recovery expenses are jointly subject to the Lost Wages and Child and Elder Care sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the annual aggregate limit for Identity Recovery. Coverage is limited to wages lost and expenses incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 6 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 4 Costs covered under item g. Mental Health Counseling of the definition of identity recovery expenses is subject to the Mental Health Counseling sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the annual aggregate limit for Identity Recovery. Coverage is limited to counseling that takes place within 12 months after the first discovery of the identity theft by the identity recovery insured. Costs covered under item h. Miscellaneous Unnamed Costs of the definition of identity recovery expenses is subject to the Miscellaneous Unnamed Costs sublimit shown in the Cyber Suite Supplemental Declarations. This sublimit is part of and not in addition to the annual aggregate limit for Identity Recovery. Coverage is limited to costs incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. 3. Application of Limits a. A computer attack cyber extortion threat personal data compromise wrongful transfer event computer fraud event or identity theft may be first discovered by you in one policy period but it may cause insured loss in one or more subsequent policy periods. If so all insured loss arising from such computer attack cyber extortion threat personal data compromise wrongful transfer event computer fraud event or identity theft will be subject to the limit of insurance applicable to the policy period when the computer attack cyber extortion threat personal data compromise wrongful transfer event computer fraud event or identity theft was first discovered by you. b. You may first receive notice of a claim or regulatory proceeding in one policy period but it may cause insured loss in one or more subsequent policy periods. If so all insured loss arising from such claim or regulatory proceeding will be subject to the limit of insurance applicable to the policy period when notice of the claim or regulatory proceeding was first received by you. c. The limit of insurance for the Extended Reporting Periods if applicable will be part of and not in addition to the limit of insurance for the immediately preceding policy period. d. Coverage for Services to Affected Individuals under Data Compromise Response Expenses is limited to costs to provide such services for a period of up to one year from the date of the notification to the affected individuals. Notwithstanding coverage for Identity Restoration Case Management services initiated within such one year period may continue for a period of up to one year from the date such Identity Restoration Case Management services are initiated. D. DEDUCTIBLES 1. We will not pay for loss until the amount of the insured loss exceeds the deductible amount shown in the Cyber Suite Supplemental Declarations. We will then pay the amount of loss in excess of the applicable deductible amount subject to the applicable limits shown in the Cyber Suite Supplemental Declarations. You will be responsible for the applicable deductible amount. 2. The deductible will apply to all a. Loss arising from the same insured event or interrelated insured events under Data Compromise Response Expenses Computer Attack Cyber Extortion Misdirected Payment Fraud or Computer Fraud. b. Loss resulting from the same wrongful act or interrelated wrongful acts insured under Data Compromise Liability Network Security Liability or Electronic Media Liability. 3. Inthe event that loss is insured under more than one coverage section only the single highest deductible applies. 4. Insurance coverage under Identity Recovery is not subject to a deductible. E. ADDITIONAL CONDITIONS The following conditions apply in addition to the Common Policy Conditions 1. Bankruptcy The bankruptcy or insolvency of you or your estate will not relieve you or us of any obligation under this Cyber Coverage. 2. Defense And Settlement a. We shall have the right and the duty to assume the defense of any applicable claim or regulatory proceeding against you. You shall give us such information and cooperation as we may reasonably require. b. You shall not admit liability for or settle any claim or regulatory proceeding or incur any defense s CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 7 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY costs without our prior written consent. c. Atthe time a claim or regulatory proceeding is first reported to us you may request that we appoint a defense attorney of your choice. We will give full consideration to any such request. d. Ifyou refuse to consent to any settlement recommended by us and acceptable to the claimant we may then withdraw from your defense by tendering control of the defense to you. From that point forward you shall at your own expense negotiate or defend such claim or regulatory proceeding independently of us. Our liability shall not exceed the amount for which the claim or suit could have been settled if such recommendation was consented to plus defense costs incurred by us and defense costs incurred by you with our written consent prior to the date of such refusal. e. We will not be obligated to pay any loss or defense costs or to defend or continue to defend any claim or regulatory proceeding after the applicable limit of insurance has been exhausted. f. We will pay all interest on that amount of any judgment within the applicable limit of insurance which accrues 1 After entry of judgment and 2 Before we pay offer to pay or deposit in court that part of the judgment within the applicable limit of insurance or in any case before we pay or offer to pay the entire applicable limit of insurance. These interest payments will be in addition to and not part of the applicable limit of insurance. 3. Due Diligence You agree to use due diligence to prevent and mitigate loss insured under this Cyber Coverage. This includes but is not limited to complying with and requiring your vendors to comply with reasonable and industry accepted protocols for a. Providing and maintaining appropriate physical security for your premises computer systems and hard copy files Providing and maintaining appropriate computer and Internet security Maintaining and updating at appropriate intervals backups of computer data Protecting transactions such as processing credit card debit card and check payments and Appropriate disposal of files containing personally identifying information personally sensitive information or third party corporate data including shredding hard copy files and destroying physical media used to store electronic data. 4. Duties in the Event of a Claim Regulatory Proceeding or Loss a. If during the policy period incidents or events occur which you reasonably believe may give rise to a claim or regulatory proceeding for which coverage may be provided hereunder such belief being based upon either written notice from the potential claimant or the potential claimant s representative or notice of a complaint filed with a federal state or local agency or upon an oral claim allegation or threat you shall give written notice to us as soon as practicable and either 1 Anytime during the policy period or 2 Anytime during the extended reporting periods if applicable. b. Ifaclaim or regulatory proceeding is brought against you you must 1 Immediately record the specifics of the claim or regulatory proceeding and the date received 2 Provide us with written notice as soon as practicable but in no event more than 60 days after the date the claim or regulatory proceeding is first received by you 3 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or regulatory proceeding 4 Authorize us to obtain records and other information 5 Cooperate with us in the investigation settlement or defense of the claim or regulatory proceeding 6 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss or defense costs to which this insurance may also apply and 7 Not take any action or fail to take any required action that prejudices your rights or our rights with L CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 8 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY respect to such claim or regulatory proceeding. c. In the event of a personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft insured under this Cyber Coverage you and any involved identity recovery insured must see that the following are done 1 Notify the police if a law may have been broken. 2 Notify us as soon as practicable but in no event more than 60 days after the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft. Include a description of any property involved. 3 As soon as possible give us a description of how when and where the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft occurred. 4 As often as may be reasonably required permit us to a Inspect the property proving the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft b Examine your books records electronic media and records and hardware c Take samples of damaged and undamaged property for inspection testing and analysis and d Make copies from your books records electronic media and records and hardware. Send us signed sworn proof of loss containing the information we request to investigate the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft. You must do this within 60 days after our request. We will supply you with the necessary forms. 6 Cooperate with us in the investigation or settlement of the personal data compromise computer attack cyber extortion threat wrongful transfer event computer fraud event or identity theft. If you intend to continue your business you must resume all or part of your operations as quickly as possible. 8 Make no statement that will assume any obligation or admit any liability for any loss for which we may be liable without our prior written consent. 9 Promptly send us any legal papers or notices received concerning the loss. d. We may examine you under oath at such times as may be reasonably required about any matter relating to this insurance or the claim regulatory proceeding or loss including your books and records. In the event of an examination your answers must be signed. e. You may not except at your own cost voluntarily make a payment assume any obligation or incur any expense without our prior written consent. 5. Extended Reporting Periods a. You will have the right to the Extended Reporting Periods described in this section in the event of a termination of coverage. b. If a termination of coverage has occurred you will have the right to the following 1 At no additional premium an Automatic Extended Reporting Period of 30 days immediately following the effective date of the termination of coverage during which you may first receive notice of a claim or regulatory proceeding arising directly from a wrongful act occurring before the end of the policy period and which is otherwise insured by this Cyber Coverage and Upon payment of the additional premium of 100 of the full annual premium associated with the relevant coverage a Supplemental Extended Reporting Period of one year immediately following the effective date of the termination of coverage during which you may first receive notice of a claim or regulatory proceeding arising directly from a wrongful act occurring before the end of the policy period and which is otherwise insured by this Cyber Coverage. To obtain the Supplemental Extended Reporting Period you must request it in writing and pay the additional premium due within 30 days after the effective date of termination of coverage. The additional premium for the Supplemental Extended Reporting Period will be fully earned at the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required you may not exercise this right at a later date. This insurance provided during the Supplemental Extended Reporting Period is excess over any s 7 CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 9 of 19 Insured Copy | 2 |
10. 1. COMMERCIAL GENERAL LIABILITY other valid and collectible insurance that begins or continues in effect after the Supplemental Extended Reporting Period becomes effective whether the other insurance applies on a primary excess contingent or any other basis. Identity Recovery Help Line For assistance if Identity Recovery applies the identity recovery insured should call the Identity Recovery Help Line at 1 877 800 5028. The Identity Recovery Help Line can provide the identity recovery insured with a. Information and advice for how to respond to a possible identity theft and b. Instructions for how to submit a service request for Case Management Service andor a claim form for Expense Reimbursement Coverage. In some cases we may provide Case Management services at our expense to an identity recovery insured prior to a determination that a covered identity theft has occurred. Our provision of such services is not an admission of liability under the Cyber Coverage. We reserve the right to deny further coverage or service if after investigation we determine that a covered identity theft has not occurred. As respects Expense Reimbursement Coverage the identity recovery insured must send to us within 60 days after our request receipts bills or other records that support his or her claim for identity recovery expenses. Legal Action Against Us No one may bring a legal action against us under this insurance unless a. There has been full compliance with all of the terms of this insurance and b. The action is brought within two years after the date the loss or identity theft is first discovered by you or the date on which you first receive notice of a claim or regulatory proceeding. Legal Advice We are not your legal advisor. Our determination of what is or is not insured under this Cyber Coverage does not represent advice or counsel from us about what you should or should not do. Other Insurance If there is other insurance that applies to the same loss this Cyber Coverage shall apply only as excess insurance after all other applicable insurance has been exhausted. Pre Notification Consultation You agree to consult with us prior to the issuance of notification to affected individuals. We assume no responsibility under Data Compromise Response Expenses for any services promised to affected individuals without our prior agreement. If possible this pre notification consultation will also include the designated service providers as agreed to under the Service Providers condition below. You must provide the following at our pre notification consultation with you a. The exact list of affected individuals to be notified including contact information. b. Information about the personal data compromise that may appropriately be communicated with affected individuals. c. The scope of services that you desire for the affected individuals. For example coverage may be structured to provide fewer services in order to make those services available to more affected individuals without exceeding the available Data Compromise Response Expenses limit of insurance. Service Providers a. We will only pay under this Cyber Coverage for services that are provided by service providers approved by us. You must obtain our prior approval for any service provider whose expenses you want covered under this Cyber Coverage. We will not unreasonably withhold such approval. b. Prior to the Pre Notification Consultation described in the Pre Notification Consultation Condition above you must come to agreement with us regarding the service providers to be used for the Notification to Affected Individuals and Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternate service provider our coverage is subject to the following limitations 1 Such alternate service provider must be approved by us CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 10 of 19 Insured Copy | 2 |
12. 13. COMMERCIAL GENERAL LIABILITY 2 Such alternate service provider must provide services that are reasonably equivalent or superior in both kind and quality to the services that would have been provided by the service provider we had suggested and 3 Our payment for services provided by any alternate service provider will not exceed the amount that we would have paid using the service provider we had suggested. Services The following conditions apply as respects any services provided to you or any affected individual or identity recovery insured by us our designees or any service firm paid for in whole or in part under this Cyber Coverage a. The effectiveness of such services depends on the cooperation and assistance of you affected individuals and identity recovery insureds. b. All services may not be available or applicable to all individuals. For example affected individuals and identity recovery insureds who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. c. We do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events. d. Except for the services of an identity recovery case manager under Identity Recovery which we will provide directly you will have a direct relationship with the professional service firms paid for in whole or in part under this Cyber Coverage. Those firms work for you. Valuation We will determine the value of money as follows Our payment for loss of money or loss payable in money will be at your option in the money of the country in which the wrongful transfer event or computer fraud event took place or in the United States of America dollar equivalent thereof determined at the rate of exchange published by the Wall Street Journal at the time of payment of such loss. DEFINITIONS 1. Affected Individual means any person whose personally identifying information or personally sensitive information is lost stolen accidentally released or accidentally published by a personal data compromise covered under this Cyber Coverage. This definition is subject to the following provisions a. Affected individual does not include any business or organization. Only an individual person may be n affected individual. b. An affected individual may reside anywhere in the world. Authorized Representative means a person or entity authorized by law or contract to act on behalf of an identity recovery insured. Authorized Third Party User means a party who is not an employee or a director of you who is authorized by contract or other agreement to access the computer system for the receipt or delivery of services. Bodily Injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Business Income and Extra Expense Loss means loss of Business Income and Extra Expense. a. As used in this definition Business Income means the sum of 1 Netincome net profit or loss before income taxes that would have been earned or incurred and 2 Continuing normal and necessary operating expenses incurred including employee and director payroll. b. As used in this definition Extra Expense means the additional cost you incur to operate your business over and above the cost that you normally would have incurred to operate your business during the same period had no computer attack occurred. Claim a. Claim means CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 11 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 1 A written demand for monetary damages or non monetary relief including injunctive relief 2 A civil proceeding commenced by the filing of a complaint 3 An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent 4 Any other alternative dispute resolution proceeding in which such damages are claimed and to which you must submit or to which we agree you should submit to arising from a wrongful act or a series of interrelated wrongful acts including any resulting appeal. b. Claim does not mean or include 1 Any demand or action brought by or on behalf of someone who is a Your director b Your owner or part owner or c A holder of your securities in their capacity as such whether directly derivatively or by class action. Claim will include proceedings brought by such individuals in their capacity as affected individuals but only to the extent that the damages claimed are the same as would apply to any other affected individual or 2 A regulatory proceeding. c. Includes a demand or proceeding arising from a wrongful act that is a personal data compromise only when the personal data compromise giving rise to the proceeding was covered under Data Compromise Response Expenses section of this Cyber Coverage and you submitted a claim to us and provided notifications and services to affected individuals in consultation with us pursuant to Data Compromise Response Expenses in connection with such personal data compromise. 7. Computer Attack a. Computer attack means one of the following involving the computer system 1 An unauthorized access incident 2 A malware attack or 3 A denial of service attack against a computer system. b. A computer attack ends at the earlier of 1 The time that the active attacking behavior ceases the time that you have regained control over the computer system or the time that all unauthorized creation destruction or movement of data associated with the computer attack has ceased whichever happens latest or 2 30 days after your discovery of the computer attack. 8. Computer System means a computer or other electronic hardware that a. s owned or leased by you and operated under your control or Is operated by a third party service provider used for the purpose of providing hosted computer application services to you or for processing maintaining hosting or storing your electronic data pursuant to a written contract with you for such services. However such computer or other electronic hardware operated by such third party shall only be considered to be a computer system with respect to the specific services provided by such third party to you under such contract. 9. Computer Fraud Costs means a. The amount of money fraudulently obtained from you. Computer fraud costs include the direct financial loss only. b. Computer fraud costs do not include any of the following 1 Other expenses that arise from the computer fraud event 2 Indirect loss such as bodily injury lost time lost wages identity recovery expenses or damaged reputation 3 Any interest time value or potential investment gain on the amount of financial loss or CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 12 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 4 Any portion of such amount that has been or can reasonably be expected to be reimbursed by a third party such as a financial institution. 10. Computer Fraud Event means An unauthorized access incident that leads to the intentional unauthorized and fraudulent entry of or change to data or instructions within a computer system owned or leased by you and operated under your control. Such fraudulent entry or change must be conducted by a person who is not an employee executive or independent contractor. Such fraudulent entry or change must cause money to be sent or diverted. The fraudulent entry or change must result in direct financial loss to you. Computer fraud event does not mean or include any occurrence 1 In which you are threatened or coerced to send money or divert a payment or 2 Arising from a dispute or a disagreement over the completeness authenticity or value of a product a service or a financial instrument. 11. Coverage Term means the increment of time b. Commencing on the earlier of the first inception date of this Cyber Coverage or the first inception date of any coverage substantially similar to that described in this Cyber Coverage and held immediately prior to this Cyber coverage and Ending upon the termination of coverage. 12. Coverage Territory means With respect to Data Compromise Response Expenses Computer Attack Cyber Extortion Misdirected Payment Fraud Computer Fraud and Identity Recovery coverage territory means anywhere in the world. With respect to Data Compromise Liability Network Security Liability and Electronic Media Liability coverage territory means anywhere in the world however claims must be brought within the United States including its territories and possessions or Puerto Rico. 13. Cyber Extortion Expenses means b. The cost of a negotiator or investigator retained by you in connection with a cyber extortion threat and Any amount paid by you in response to a cyber extortion threat to the party that made the cyber extortion threat for the purposes of eliminating the cyber extortion threat when such expenses are necessary and reasonable and arise directly from a cyber extortion threat. The payment of cyber extortion expenses must be approved in advance by us. We will not pay for cyber extortion expenses that have not been approved in advance by us. We will not unreasonably withhold our approval. 14. Cyber Extortion Threat means b. Cyber extortion threat means a demand for money from you based on a credible threat or series of related credible threats to 1 Launch a denial of service attack against the computer system for the purpose of denying authorized third party users access to your services provided through the computer system via the Internet 2 Gain access to a computer system and use that access to steal release or publish personally identifying information personally sensitive information or third party corporate data Alter damage or destroy electronic data or software while such electronic data or software is stored within a computer system Launch a computer attack against a computer system in order to alter damage or destroy electronic data or software while such electronic data or software is stored within a computer system or 5 Cause you to transfer pay or deliver any funds or property using a computer system without your authorization. 3 4 Cyber extortion threat does not mean or include any threat made in connection with a legitimate commercial dispute. 15. Data Re creation Costs CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 13 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY a. Data re creation costs means the costs of an outside professional firm hired by you to research re create and replace data that has been lost or corrupted and for which there is no electronic source available or where the electronic source does not have the same or similar functionality to the data that has been lost or corrupted. b. Data re creation costs does not mean or include costs to research re create or replace 1 Software programs or operating systems that are not commercially available or 2 Data that is obsolete unnecessary or useless to you. 16. Data Restoration Costs a. Datarestoration costs means the costs of an outside professional firm hired by you to replace electronic data that has been lost or corrupted. In order to be considered data restoration costs such replacement must be from one or more electronic sources with the same or similar functionality to the data that has been lost or corrupted. b. Data restoration costs does not mean or include costs to research re create or replace 1 Software programs or operating systems that are not commercially available or 2 Data that is obsolete unnecessary or useless to you. 17. Defense Costs a. Defense costs means reasonable and necessary expenses consented to by us resulting solely from the investigation defense and appeal of any claim or regulatory proceeding against you. Such expenses may include premiums for any appeal bond attachment bond or similar bond. However we have no obligation to apply for or furnish such bond. b. Defense costs does not mean or include the salaries or wages of your employees or directors or your loss of earnings. 18. Denial of Service Attack means an intentional attack against a target computer or network of computers designed to overwhelm the capacity of the target computer or network in order to deny or impede authorized users from gaining access to the target computer or network through the Internet. 19. Electronic Media Incident means an allegation that the display of information in electronic form by you on a website resulted in a. Infringement of another s copyright title slogan trademark trade name trade dress service mark or service name b. Defamation against a person or organization that is unintended or c. A violation of a person s right of privacy including false light and public disclosure of private facts. 20. Employee means any natural person other than an executive who was now is or will be Employed on a full time or part time basis by you Furnished temporarily to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions c. Leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business but does not mean a temporary employee as defined in paragraph b. or d. Your volunteer worker which includes unpaid interns. 21. Executive means any natural person who was now is or will be a. The owner of your sole proprietorship or b. A duly elected or appointed 1 Director 2 Officer 3 Managing Partner 4 General Partner 5 Member if a limited liability company CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 14 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 6 Manager if a limited liability company or 7 Trustee of your business. 22. Extended Income Loss means your actual business income and extra expense loss incurred during the extended recovery period. 23. Extended Recovery Period means a fixed period of 180 days immediately following the end of the period of restoration. 24. Identity Recovery Case Manager means one or more individuals assigned by us to assist an identity recovery insured with communications we deem necessary for re establishing the integrity of the personal identity of the identity recovery insured. This includes with the permission and cooperation of the identity recovery insured written and telephone communications with law enforcement authorities governmental agencies credit agencies and individual creditors and businesses. 25. Identity Recovery Expenses means the following when they are reasonable and necessary expenses that are incurred as a direct result of an identity theft suffered by an identity recovery insured a. Re Filing Costs Costs for re filing applications for loans grants or other credit instruments that are rejected solely as a result of an identity theft. b. Notarization Telephone and Postage Costs Costs for notarizing affidavits or other similar documents long distance telephone calls and postage solely as a result of the identity recovery insured s efforts to report an identity theft or amend or rectify records as to the identity recovery insured s true name or identity as a result of an identity theft. c. Credit Reports Costs for credit reports from established credit bureaus. d. Legal Costs Fees and expenses for an attorney approved by us for the following 1 The defense of any civil suit brought against an identity recovery insured. 2 The removal of any civil judgment wrongfully entered against an identity recovery insured. 3 Legal assistance for an identity recovery insured at an audit or hearing by a governmental agency. 4 Legal assistance in challenging the accuracy of the identity recovery insured s consumer credit report. The defense of any criminal charges brought against an identity recovery insured arising from the actions of a third party using the personal identity of the identity recovery insured. e. Lost Wages Actual lost wages of the identity recovery insured for time reasonably and necessarily taken away from work and away from the work premises. Time away from work includes partial or whole work days. Actual lost wages may include payment for vacation days discretionary days floating holidays and paid personal days. Actual lost wages does not include sick days or any loss arising from time taken away from self employment. Necessary time off does not include time off to do tasks that could reasonably have been done during non working hours. f. Child and Elder Care Expenses Actual costs for supervision of children or elderly or infirm relatives or dependents of the identity recovery insured during time reasonably and necessarily taken away from such supervision. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. g. Mental Health Counseling Actual costs for counseling from a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. h. Miscellaneous Unnamed Costs Any other reasonable costs necessarily incurred by an identity recovery insured as a direct result of the identity theft. 5 CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 15 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 1 Such costs include a Costs by the identity recovery insured to recover control over his or her personal identity. b Deductibles or service fees from financial institutions. 2 Such costs do not include a Costs to avoid prevent or detect identity theft or other loss. b Money lost or stolen. c Costs that are restricted or excluded elsewhere in this Cyber Coverage or policy. 26. Identity Recovery Insured means the following a. When the entity insured under this Cyber Coverage is a sole proprietorship the identity recovery insured is the individual person who is the sole proprietor of the insured identity. b. When the entity insured under this Cyber Coverage is a partnership the identity recovery insureds are the current partners. c. When the entity insured under this Cyber Coverage is a corporation or other form of organization other than those described in a. or b. above the identity recovery insureds are all individuals having an ownership position of 20 or more of the insured entity. However if and only if there is no one who has such an ownership position then the identity recovery insured will be 1 The chief executive of the insured entity or 2 As respects a religious institution the senior ministerial employee. An identity recovery insured must always be an individual person. If the entity insured under this Cyber Coverage is a legal entity that legal entity is not an identity recovery insured. 27. Identity Theft a. Identity theft means the fraudulent use of personally identifying information. This includes fraudulently using such information to establish credit accounts secure loans enter into contracts or commit crimes. b. Identity theft does not mean or include the fraudulent use of a business name d b a or any other method of identifying a business activity. 28. Independent Contractor means a natural person that provides goods or services to you under terms specified in a written contract but only while acting on behalf of at the direction of and under the supervision of you. 29. Loss a. With respect to Data Compromise Response Expenses loss means those expenses enumerated in Data Compromise Response Expenses paragraph b. b. With respect to Computer Attack loss means those expenses enumerated in Computer Attack paragraph b. With respect to Cyber Extortion loss means cyber extortion expenses. With respect to Misdirected Payment Fraud loss means wrongful transfer costs. With respect to Computer Fraud loss means computer fraud costs. With respect to Data Compromise Liability Network Security Liability and Electronic Media Liability loss means defense costs and settiement costs. g. With respect to Identity Recovery loss means those expenses enumerated in Identity Recovery paragraph b. 30. Malware Attack a. Malware attack means an attack that damages a computer system or data contained therein arising from malicious code including viruses worms Trojans spyware and keyloggers. b. Malware attack does not mean or include damage from shortcomings or mistakes in legitimate electronic code or damage from code installed on your computer system during the manufacturing process or normal maintenance. 31. Money means a. Money means a medium of exchange in current use and authorized or adopted by a domestic or foreign government including currency coins banknotes bullion travelers checks registered checks and o a0 CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 16 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY money orders held for sale to the public. b. Money does not mean or include any cryptocurrency whether or not authorized or adopted by a domestic or foreign government. Cryptocurrency includes but is not limited to Bitcoin Ethereum and other forms of digital virtual or electronic currency. 32. Network Security Incident means a negligent security failure or weakness with respect to a computer system which allowed one or more of the following to happen a. The unintended propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers. Malware does not include shortcomings or mistakes in legitimate electronic code b. The unintended abetting of a denial of service attack against one or more other systems or c. The unintended loss release or disclosure of third party corporate data. 33. Period of Restoration means the period of time that begins 8 hours after the time that a computer attack is discovered by you and continues until the earliest of a. The date that all data restoration data re creation and system restoration directly related to the computer attack has been completed b. The date on which such data restoration data re creation and system restoration could have been completed with the exercise of due diligence and dispatch or c. Ifno data restoration data re creation or system restoration is required the end of the computer attack. 34. Personal Data Compromise means the loss theft accidental release or accidental publication of personally identifying information or personally sensitive information as respects one or more affected individuals. If the loss theft accidental release or accidental publication involves personally identifying information such loss theft accidental release or accidental publication must result in or have the reasonable possibility of resulting in the fraudulent use of such information. This definition is subject to the following provisions a. At the time of the loss theft accidental release or accidental publication the personally identifying information or personally sensitive information need not be at the insured premises but must be in the direct care custody or control of 1 You or 2 A professional entity with which you have a direct relationship and to which you or an affected individual at your direction have turned over directly or via a professional transmission or transportation provider such information for storage processing transmission or transportation of such information. b. Personal data compromise includes disposal or abandonment of personally identifying information or personally sensitive information without appropriate safeguards such as shredding or destruction provided that the failure to use appropriate safeguards was accidental and not reckless or deliberate. c. Personal data compromise includes situations where there is a reasonable cause to suspect that such personally identifying information or personally sensitive information has been lost stolen accidentally released or accidentally published even if there is no firm proof. d. Allincidents of personal data compromise that are discovered at the same time or arise from the same cause will be considered one personal data compromise. 35. Personally Identifying Information a. Personally identifying information means information including health information that could be used to commit fraud or other illegal activity involving the credit access to health care or identity of an affected individual or identity recovery insured. This includes but is not limited to Social Security numbers or account numbers. b. Personally identifying information does not mean or include information that is otherwise available to the public such as names and addresses. 36. Personally Sensitive Information a. Personally sensitive information means private information specific to an individual the release of which requires notification of affected individuals under any applicable law. b. Personally sensitive information does not mean or include personally identifying information. 37. Policy Period means the period commencing on the effective date shown in the Cyber Suite Supplemental Declarations. The policy period ends on the expiration date or the cancellation date of this CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 17 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY Cyber Coverage whichever comes first. 38. Property Damage means a. Physical injury to or destruction of tangible property including all resulting loss of use or b. Loss of use of tangible property that is not physically injured. 39. Regulatory Proceeding means an investigation demand or proceeding alleging a violation of law or regulation arising from a personal data compromise brought by or on behalf of the Federal Trade Commission Federal Communications Commission or other administrative or regulatory agency or any federal state local or foreign governmental entity in such entity s regulatory or official capacity. 40. Settlement Costs a. Settlement costs means the following when they arise from a claim 1 Damages judgments or settlements and 2 Attorney s fees and other litigation costs added to that part of any judgment paid by us when such fees and costs are awarded by law or court order and 3 Pre judgment interest on that part of any judgment paid by us. b. Settlement costs does not mean or include 1 Civil or criminal fines or penalties imposed by law except for civil fines and penalties expressly covered under Data Compromise Response Expenses Punitive and exemplary damages The multiple portion of any multiplied damages 4 Taxes or 5 Matters which may be deemed uninsurable under the applicable law. c. With respect to fines and penalties the law of the jurisdiction most favorable to the insurability of those fines or penalties will control for the purpose of resolving any dispute between us and you regarding whether the fines or penalties specified in this definition above are insurable under this Cyber Coverage provided that such jurisdiction 1 Is where those fines or penalties were awarded or imposed 2 Is where any wrongful act took place for which such fines or penalties were awarded or imposed 3 Is where you are incorporated or you have your principal place of business or 4 Is where we are incorporated or have our principal place of business. 41. System Restoration Costs a. System restoration costs means the costs of an outside professional firm hired by you to do any of the following in order to restore your computer system to its precomputer attack level of functionality 1 Replace or reinstall computer software programs 2 Remove any malicious code and 3 Configure or correct the configuration of your computer system. b. System restoration costs does not mean or include 1 Costs to increase the speed capacity or utility of a computer system beyond what existed immediately prior to the computer attack 2 Labor costs of your employees or directors 3 Any costs in excess of the actual cash value of your computer system or 4 Costs to repair or replace hardware. 42. Termination of Coverage means a. You or we cancel this coverage You or we refuse to renew this coverage or c. We renew this coverage on an other than claims made basis or with a retroactive date later than the date of the first inception of this coverage or any coverage substantially similar to that described in this Cyber Coverage. 2 3 CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 18 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY 43. Third Party Corporate Data a. Third party corporate data means any trade secret data design interpretation forecast formula method practice credit or debit card magnetic strip information process record report or other item of information of a third party not an insured under this Cyber Coverage which is not available to the general public and is provided to you subject to a mutually executed written confidentiality agreement or which you are legally required to maintain in confidence. b. Third party corporate data does not mean or include personally identifying information or personally sensitive information. 44. Unauthorized Access Incident means the gaining of access to a computer system by a. An unauthorized person or persons or b. An authorized person or persons for unauthorized purposes. 45. Wrongful Act a. With respect to Data Compromise Liability wrongful act means a personal data compromise. b. With respect to Network Security Liability wrongful act means a network security incident. c. With respect to Electronic Media Liability wrongful act means an electronic media incident. 46. Wrongful Transfer Costs means the amount of money fraudulently obtained from you. Wrongful transfer costs include the direct financial loss only. Wrongful transfer costs do not include any of the following a. Other expenses that arise from the wrongful transfer event b. Indirect loss such as bodily injury lost time lost wages identity recovery expenses or damaged reputation c. Any interest time value or potential investment gain on the amount of financial loss or d. Any portion of such amount that has been or can reasonably be expected to be reimbursed by a third party such as a financial institution. 47. Wrongful Transfer Event a. Wrongful transfer event means an intentional and criminal deception of you or a financial institution with which you have an account. The deception must be perpetrated by a person who is not an employee executive or independent contractor using email facsimile or telephone communications to induce you or the financial institution to send or divert money. The deception must result in direct financial loss to you. b. Wrongful transfer event does not mean or include any occurrence 1 In which you are threatened or coerced to send money or divert a payment or 2 Arising from a dispute or disagreement over the completeness authenticity or value of a product a service or a financial instrument. ALL OTHER PROVISIONS OF THIS POLICY APPLY. CGLB335 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 19 of 19 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY MICHIGAN CHANGES Amendatory Endorsement This endorsement changes the policy. Please read it carefully. This endorsement modifies the insurance provided under the following Cyber Suite Coverage B. EXCLUSIONS paragraph 10. is deleted and replaced with the following 10. Any criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law by you. However to the extent that a loss is otherwise covered under this Cyber Coverage this exclusion does not apply to coverages provided under this Cyber Coverage or defense costs until such time as it is determined you have committed such criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law. CGLB347 1119 2018 The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 10of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 40011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENETICALLY MODIFIED ORGANISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions under Section Coverages Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Genetically Modified Organism Bodily injury or property damage arising directly or indirectly out of the genetic modification whether by design or accident of any organism. B. The following exclusion is added to Paragraph 2. Exclusions under Section Coverages Coverage B Personal And Advertising Injury Liability This insurance does not apply to Genetically Modified Organism Personal and advertising injury arising directly or indirectly out of the genetic modification whether by design or accident of any organism. C. The following definitions are added to the Definitions section 1. Genetic modification means the insertion of a modified gene or a gene from another variety or species into an organism by genetic engineering. However genetic modification does not include the traditional horticultural practices of a. Plant breeding by methods other than genetic engineering or b. Plant grafting. 2. Genetic engineering means the use of technology in order to change the genetic makeup of cells or to move genes across species boundaries. CG 40011219 Insurance Services Office Inc. 2018 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG40101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CROSS SUITS LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. The following exclusion is added to Paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Cross Suits Any claim made or suit brought by any Named Insured under this Policy against another Named Insured under this Policy for damages because of bodily injury or property damage. B. The following is added to Paragraph 2. Exclusions of Section Coverages Coverage B Personal And Advertising Injury Liability This insurance does not apply to Cross Suits Any claim made or suit brought by any Named Insured under this Policy against another Named Insured under this Policy for damages because of personal and advertising injury. CG40101219 Insurance Services Office Inc. 2018 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG40141219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANNABIS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added B. The exclusion in Paragraph A. does not apply to This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of a. The design cultivation manufacture storage processing packaging handling testing distribution sale serving furnishing possession or disposal of cannabis or b. The actual alleged threatened or suspected inhalation ingestion absorption or consumption of contact with exposure to existence of or presence of cannabis or 2. Property damage to cannabis. 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 that which is described in Paragraph A.1. or A.2. above. However Paragraph A.1.b. does not apply to bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by 1 Aninsured or 2 Any other person for whom you are legally responsible but only if the bodily injury or property damage does not arise out of your selling serving or furnishing of cannabis to any person described above. personal and advertising injury arising out of the following offenses 1. False arrest detention or imprisonment or 2. The wrongful eviction from wrongful entry into or invasion of the right or private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor.. The following definition is added to the Definitions section Cannabis 1. Means Any good or product that consists of or contains any amount of Tetrahydrocannabinol THC or any other cannabinoid regardless of whether any such THC or cannabinoid is natural or synthetic. 2. Paragraph C.1. above includes but is not limited to any of the following containing such THC or cannabinoid a. Any plant of the genus Cannabis L. or any part thereof such as seeds stems flowers stalks and roots or b. Any compound byproduct extract derivative mixture or combination such as 1 Resin oil or wax 2 Hash or hemp or 3 Infused liquid or edible cannabis whether or not derived from any plant or part of any plant set forth in Paragraph C.2.a. je or personal ut of manufacture ging handling ale serving r disposal of CG40141219 Insurance Services Office Inc. 2018 Insured Copy Page 1 of 1 | 2 |
CRIME AND FIDELITY CRP 0061115 2015 CRIME AND FIDELITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The areas within the policy that broaden or reduce coverage or constitute other changes are highlighted below. This notice does not reference every editorial change made in your policy. CR 00 20 COMMERCIAL CRIME COVERAGE FORM DISCOVERY FORM CR 00 21 COMMERCIAL CRIME COVERAGE FORM LOSS SUSTAINED FORM CR 00 22 COMMERCIAL CRIME POLICY DISCOVERY FORM CR 00 23 COMMERCIAL CRIME POLICY LOSS SUSTAINED FORM NO IMPACT ON COVERAGE EXCLUSION CONFIDENTIAL OR PERSONAL INFORMATION This exclusion was revised to emphasize that it does not apply to an otherwise covered loss that results directly from the use of the insured s confidential or personal information. CONDITION JOINT INSURED Paragraph 2 was revised to include managers directors and trustees as persons whose knowledge of information relevant to the insurance provided may be imputed to all insureds. DEFINITION FINANCIAL INSTITUTION New Paragraph c. extends the definition to all other Insuring Agreements while existing Paragraph a. applies to Insuring Agreement A.3. Inside The Premises Theft Of Money And Securities and Paragraph b. applies to Insuring Agreement A.6. Computer And Funds Transfer Fraud. DEFINITION FINANCIAL INSTITUTION PREMISES This definition applies only to Insuring Agreement A.3. Inside The Premises Theft Of Money And Securities Insuring Agreement. Reference to financial institution Definition F.9.a. has been added to specify the kinds of institutions covered under the Inside The Premises Theft Of Money And Securities Insuring Agreement. These institutions include banks savings banks savings and loan associations trust companies credit unions or similar depository institutions and insurance companies. DEFINITION MONEY Paragraph c.1 now includes the defined term financial institution. DEFINITION TRANSFER ACCOUNT The references to telegraphic cable and teletype are being removed as these methods of communication are no longer commonly used. The phrase other electronic instructions can be used to cover these outdated communication systems should it be necessary. CRP 0061115 Insurance Services Office Inc. 2015 Page 1 of 4 Insured Copy Page 1 of 4 | 2 |
REDUCTIONS OF COVERAGE EXCLUSION VIRTUAL CURRENCY This new exclusion applies to loss involving virtual currency of any kind by whatever name known whether actual or fictitious including but not limited to digital currency crypto currency or any other type of electronic currency. Entities that transact business using virtual currency can obtain coverage through the separate Include Virtual Currency As Money Endorsement. DEFINITION FRAUDULENT INSTRUCTION This definition applies to Funds Transfer Fraud Coverage. Paragraph a.3 which addresses instructions purportedly issued by an employee but in fact were issued by someone else without the employee s knowledge or consent has been removed. This coverage is now being provided through the separate Fraudulent Impersonation Endorsement. Also the references to telegraphic cable and teletype are being removed as these methods of communication are no longer commonly used. CR 00 24 GOVERNMENT CRIME COVERAGE FORM DISCOVERY FORM CR 00 25 GOVERNMENT CRIME COVERAGE FORM LOSS SUSTAINED FORM CR 00 26 GOVERNMENT CRIME POLICY DISCOVERY FORM CR 00 27 GOVERNMENT CRIME POLICY LOSS SUSTAINED FORM NO IMPACT ON COVERAGE EXCLUSION CONFIDENTIAL OR PERSONAL INFORMATION This exclusion was revised to emphasize that it does not apply to an otherwise covered loss that results directly from the use of the insured s confidential or personal information. CONDITION TERMINATION AS TO ANY EMPLOYEE The lead in text is being revised as the condition applies to both Insuring Agreement A.1. Employee Theft Per Loss Coverage and Insuring Agreement A.2. Employee Theft Per Employee Coverage. DEFINITION FINANCIAL INSTITUTION New Paragraph c. extends the definition to all other Insuring Agreements while existing Paragraph a. applies to Insuring Agreement A.4. Inside The Premises Theft Of Money And Securities and Paragraph b. applies to Insuring Agreement A.7. Computer And Funds Transfer Fraud. DEFINITION FINANCIAL INSTITUTION PREMISES This definition applies only to the Inside The Premises Theft Of Money And Securities Insuring Agreement. Reference to financial institution Definition F.8.a. has been added to specify the kinds of institutions covered under the Inside The Premises Theft Of Money And Securities Insuring Agreement. These institutions include banks savings banks savings and loan associations trust companies credit unions or similar depository institutions and insurance companies. DEFINITION MONEY Paragraph c.1 now includes the defined term financial institution. Page 2 of 4 Insurance Services Office Inc. 2015 Insured Copy CRP 006 1115 | 2 |
DEFINITION TRANSFER ACCOUNT The references to telegraphic cable and teletype are being removed as these methods of communication are no longer commonly used. The phrase other electronic instructions can be used to cover these outdated communication systems should it be necessary. REDUCTIONS OF COVERAGE EXCLUSION VIRTUAL CURRENCY This new exclusion applies to loss involving virtual currency of any kind by whatever name known whether actual or fictitious including but not limited to digital currency crypto currency or any other type of electronic currency. Entities that transact business using virtual currency can obtain coverage through the separate Include Virtual Currency As Money Endorsement. DEFINITION FRAUDULENT INSTRUCTION This definition applies to Funds Transfer Fraud Coverage. Paragraph a.3 which addresses instructions purportedly issued by an employee but in fact were issued by someone else without the employee s knowledge or consent has been removed. This coverage is now being provided through the separate Fraudulent Impersonation Endorsement. Also the references to telegraphic cable and teletype are being removed as these methods of communication are no longer commonly used. CR 00 28 EMPLOYEE THEFT AND FORGERY POLICY DISCOVERY FORM CR 00 29 EMPLOYEE THEFT AND FORGERY POLICY LOSS SUSTAINED FORM NO IMPACT ON COVERAGE EXCLUSION CONFIDENTIAL OR PERSONAL INFORMATION This exclusion was revised to emphasize that it does not apply to an otherwise covered loss that results directly from the use of the insured s confidential or personal information. CONDITION JOINT INSURED Paragraph 2 was revised to include managers directors and trustees as persons whose knowledge of information relevant to the insurance provided may be imputed to all insureds. DEFINITION PREMISES This definition is being removed as it no longer has applicability to the coverage provided under these policies. REDUCTIONS OF COVERAGE EXCLUSION VIRTUAL CURRENCY This new exclusion applies to loss involving virtual currency of any kind by whatever name known whether actual or fictitious including but not limited to digital currency crypto currency or any other type of electronic currency. Entities that transact business using virtual currency can obtain coverage through the separate Include Virtual Currency As Money Endorsement. CRP 0061115 Insurance Services Office Inc. 2015 Insured Copy Page 3 of 4 | 2 |
F gelSO GOVERNMENT EMPLOYEE THEFT AND FORGERY POLICY DISCOVERY CR 00 31 GOVERNMENT EMPLOYEE THEFT AND FORGERY POLICY LOSS SUSTAINED FORM NO IMPACT ON COVERAGE EXCLUSION CONFIDENTIAL OR PERSONAL INFORMATION This exclusion was revised to emphasize that it does not apply to an otherwise covered loss that results directly from the use of the insured s confidential or personal information. CONDITION TERMINATION AS TO ANY EMPLOYEE The lead in text is being revised as the condition applies to both Insuring Agreement A.1. Employee Theft Per Loss Coverage and Insuring Agreement A.2. Employee Theft Per Employee Coverage. DEFINITION PREMISES This definition is being removed as it no longer has applicability to the coverage provided under these policies. REDUCTIONS OF COVERAGE EXCLUSION VIRTUAL CURRENCY This new exclusion applies to loss involving virtual currency of any kind by whatever name known whether actual or fictitious including but not limited to digital currency crypto currency or any other type of electronic currency. Entities that transact business using virtual currency can obtain coverage through the separate Include Virtual Currency As Money Endorsement. ENDORSEMENTS BROADENINGS OF COVERAGE FRAUDULENT IMPERSONATION CR 04 17 This new endorsement covers loss resulting directly from the insured having in good faith transferred money securities or other property in reliance upon a transfer instruction purportedly issued by an employee or other covered person or if added by schedule entry a customer or vendor with whom the insured has a written contract but which transfer instruction proves to have been fraudulently issued by an imposter without the knowledge or consent of the employee or other covered person customer or vendor. INCLUDE VIRTUAL CURRENCY AS MONEY CR 25 45 For the Commercial Crime Coverage Forms and Policies and the Government Crime Coverage Forms and Policies this new endorsement applies to the Employee Theft andor the Computer And Funds Transfer Fraud Insuring Agreements as indicated on the Schedule. The endorsement amends the definition of money in the respective coverage forms and policies to include virtual currency scheduled in the endorsement. INCLUDE VIRTUAL CURRENCY AS MONEY CR 25 46 For the Employee Theft And Forgery Policy and the Government Employee Theft And Forgery Policy this new endorsement applies to the Employee Theft Insuring Agreement. The endorsement amends the definition of money in the respective policies to include virtual currency scheduled in the endorsement. Page 4 of 4 Insurance Services Office Inc. 2015 Insured Copy CRP 006 1115 | 2 |
Nationwide CRESTBROOK INSURANCE COMPANY POLICY NUMBER CPP144139A CRIME AND FIDELITY CRDS 0108 13 CRIME AND FIDELITY COVERAGE PART DECLARATIONS COMMERCIAL ENTITIES The Crime And Fidelity Coverage Part Commercial Entities consists of this Declarations form and the Commercial Crime Coverage Form. Coverage Is Written X Primary Excess Coindemnity Concurrent POLICY NUMBER CPP144139A CRIME AND FIDELITY CRDS 0108 13 Coindemnity Concurrent Employee Benefit Plans Included As Insureds Limit Of Insurance Deductible Amount Insuring Agreements Per Occurrence Per Occurrence 1.Employee Theft 500000 25000 2. Forgery Or Alteration 50000 5000 3. Inside The Premises Theft Of Money And 10000 1000 Securities 4. Inside The Premises Robbery Or Safe Burglary Of 10000 1000 Other Property 5. Outside The Premises 10000 1000 6. Computer And Funds Transfer Fraud Not Covered 7. Money Orders And Counterfeit Money Not Covered If Not Coveredis inserted above opposite any specified Insuring Agreement such Insuring Agreement and any other reference thereto in this Policy are deleted. If Added By Endorsement Limit Of Insurance Deductible Amount Insuring Agreements Per Occurrence Per Occurrence Inside Theft Other Property 10000 1000 Endorsements Forming Part Of This Coverage Part When Issued SEE SCHEDULE OF FORMS AND ENDORSEMENTS ANRADCEMENTS CRDS 0108 13 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 2 | 2 |
Cancellation Of Prior Insurance Issued By Us By acceptance of this Coverage Part you give us notice cancelling prior Policy Numbers H the cancellation to be effective at the time this Coverage Part becomes effective. Countersignature Of Authorized Representative Name Title Signature Date re Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy CRDS 0108 13 | 2 |
CRIME AND FIDELITY CR 00211115 COMMERCIAL CRIME COVERAGE FORM LOSS SUSTAINED FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is or is not covered. Throughout this Policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Definitions. A. Insuring Agreements Coverage is provided under the following Insuring Agreements for which a Limit Of Insurance is shown in the Declarations and applies to loss that you sustain resulting directly from an occurrence taking place during the Policy Period shown in the Declarations except as provided in Condition E.1.k. or E.1.l which is discovered by you during the Policy Period shown in the Declarations or during the period of time provided in the Extended Period To Discover Loss Condition E1.g. 1. Employee Theft We will pay for loss of or damage to money securities and other property resulting directly from theft committed by an employee whether identified or not acting alone or in collusion with other persons. For the purposes of this Insuring Agreement theft shall also include forgery. 2. Forgery Or Alteration a. We will pay for loss resulting directly from forgery or alteration of checks drafts promissory notes or similar written promises orders or directions to pay a sum certain in money that are 1 Made or drawn by or drawn upon you or 2 Made or drawn by one acting as your agent or that are purported to have been so made or drawn. For the purposes of this Insuring Agreement a substitute check as defined in the Check Clearing for the 21st Century Act shall be treated the same as the original it replaced. b. If you are sued for refusing to pay any instrument covered in Paragraph 2.a. on the basis that it has been forged or altered and you have our written consent to defend against the suit we will pay for any reasonable legal expenses that you incur and pay in that defense. The amount that we will pay for such legal expenses is in addition to the Limit of Insurance applicable to this Insuring Agreement. 3. Inside The Premises Theft Of Money And Securities We will pay for a. Loss of money and securities inside the premises or financial institution premises 1 Resulting directly from theft committed by a person present inside such premises or financial institution premises or 2 Resulting directly from disappearance or destruction. b. Loss from damage to the premises or its exterior resulting directly from an actual or attempted theft of money and securities if you are the owner of the premises or are liable for damage to it. c. Loss of or damage to a locked safe vault cash register cash box or cash drawer located inside the premises resulting directly from an actual or attempted theft of or unlawful entry into those containers.. Inside The Premises Robbery Or Safe Burglary Of Other Property We will pay for a. Loss of or damage to other property 1 Inside the premises resulting directly from an actual or attempted robbery of a custodian or 2 Inside the premises in a safe or vault resulting directly from an actual or attempted safe burglary. CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 15 | 2 |
b. Loss from damage to the premises or its exterior resulting directly from an actual or attempted robbery or safe burglary of other property if you are the owner of the premises or are liable for damage to it.. Loss of or damage to a locked safe or vault located inside the premises resulting directly from an actual or attempted robbery or safe burglary.. Outside The Premises We will pay for a. Loss of money and securities outside the premises in the care and custody of a messenger or an armored motor vehicle company resulting directly from theft disappearance or destruction.. Loss of or damage to other property outside the premises in the care and custody of a messenger or an armored motor vehicle company resulting directly from an actual or attempted robbery.. Computer And Funds Transfer Fraud a. We will pay for 1 Loss resulting directly from a fraudulent a Entry of electronic data or computer program into or b Change of electronic data or computer program within any computer system owned leased or operated by vyou provided the fraudulent entry or fraudulent change causes with regard to Paragraphs 6.a.1a and 6.a.1b i Money securities or other property to be transferred paid or delivered or ii Your account at a financial institution to be debited or deleted. Loss resulting directly from a fraudulent instruction directing a financial institution to debit your transfer account and to transfer pay or deliver money or securities from that account. 2 b. As used in Paragraph 6.a.1 fraudulent entry or fraudulent change of electronic data or computer program shall include such entry or change made by an employee acting in good faith upon a fraudulent instruction received from a computer software contractor who has a written agreement with you to design implement or service computer programs for a computer system covered under this Insuring Agreement. 7. Money Orders And Counterfeit Money We will pay for loss resulting directly from your having in good faith accepted in exchange for merchandise money or services a. Money orders issued by any post office express company or financial institution that are not paid upon presentation or b. Counterfeit money that is acquired during the regular course of business. B. Limit Of Insurance The most we will pay for all loss resulting directly from an occurrence is the applicable Limit Of Insurance shown in the Declarations. If any loss is covered under more than one Insuring Agreement or coverage the most we will pay for such loss shall not exceed the largest Limit of Insurance available under any one of those Insuring Agreements or coverages. C. Deductible We will not pay for loss resulting directly from an occurrence unless the amount of loss exceeds the Deductible Amount shown in the Declarations. We will then pay the amount of loss in excess of the Deductible Amount up to the Limit of Insurance. D. Exclusions 1. This insurance does not cover a. Acts Committed By You Your Partners Or Your Members Loss resulting from theft or any other dishonest act committed by 1 You or 2 Any of your partners or members whether acting alone or in collusion with other persons. Page 2 of 15 Insurance Services Office Inc. 2015 Insured Copy CR 00211115 | 2 |
f. Governmental Action Loss resulting from seizure or destruction of property by order of governmental authority. g. Indirect Loss Loss that is an indirect result of an occurrence covered by this insurance including but not limited to loss resulting from 1 Your inability to realize income that you would have realized had there been no loss of or damage to money securities or other property 2 Payment of damages of any type for which you are legally liable. But we will pay compensatory damages arising directly from a loss covered under this insurance or 3 Payment of costs fees or other expenses you incur in establishing either the existence or the amount of loss under this insurance. h. Legal Fees Costs And Expenses Fees costs and expenses incurred by you which are related to any legal action except when covered under Insuring Agreement A2.. Nuclear Hazard Loss or damage resulting from nuclear reaction or radiation or radioactive contamination however caused. j Pollution Loss or damage caused by or resulting from pollution. Polluton means the discharge dispersal seepage migration release or escape of 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. k. Virtual Currency Loss involving virtual currency of any kind by whatever name known whether actual or fictitious including but not limited to digital currency crypto currency or any other type of electronic currency.. War And Military Action Loss or damage resulting from 1 War including undeclared or civil war b. Acts Committed By Your Employees Learned Of By You Prior To The Policy Period Loss caused by an employee if the employee had also committed theft or any other dishonest act prior to the effective date of this insurance and you or any of your partners members managers officers directors or trustees not in collusion with the employee learned of such theft or dishonest act prior to the Policy Period shown in the Declarations. c. Acts Committed By Your Employees Managers Directors Trustees Or Representatives Loss resulting from theft or any other dishonest act committed by any of your employees managers directors trustees or authorized representatives 1 Whether acting alone or in collusion with other persons or 2 While performing services for you or otherwise except when covered under Insuring Agreement A.1. d. Confidential Or Personal Information Loss resulting from 1 The disclosure or use of another person s or organization s confidential or personal information or 2 The disclosure of your confidential or personal information. However this Paragraph 1.d.2 does not apply to loss otherwise covered under this insurance that results directly from the use of your confidential or personal information. For the purposes of this exclusion confidential or personal information includes but is not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. e. Data Security Breach Fees costs fines penalties and other expenses incurred by you which are related to the access to or disclosure of another person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 3 of 15 | 2 |
2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Insuring Agreement A.1. does not cover a. Inventory Shortages Loss or that part of any loss the proof of which as to its existence or amount is dependent upon 1 An inventory computation or 2 A profit and loss computation. However where you establish wholly apart from such computations that you have sustained a loss then you may offer your inventory records and actual physical count of inventory in support of the amount of loss claimed. b. Trading Loss resulting from trading whether in your name or in a genuine or fictitious account. c. Warehouse Receipts Loss resulting from the fraudulent or dishonest signing issuing cancelling or failing to cancel a warehouse receipt or any papers connected with it. 3. Insuring Agreements A.3. A.4. and A.5. do not cover a. Accounting Or Arithmetical Errors Or Omissions 3 Loss resulting from accounting or arithmetical errors or omissions. b. Exchanges Or Purchases Loss resulting from the giving or surrendering of property in any exchange or purchase. c. Fire Loss or damage resulting from fire however caused except 1 Loss of or damage to money and securities and 2 Loss from damage to a safe or vault. d. Money Operated Devices Loss of property contained in any money operated device unless the amount of money deposited in it is recorded by a continuous recording instrument in the device. e. Motor Vehicles Or Equipment And Accessories Loss of or damage to motor vehicles trailers or semitrailers or equipment and accessories attached to them. f. Transfer Or Surrender Of Property 1 Loss of or damage to property after it has been transferred or surrendered to a person or place outside the premises or financial institution premises a On the basis of unauthorized instructions or b As a result of a threat including but not limited to i A threat to do bodily harm to any person ii A threat to do damage to any property iii A threat to introduce a denial of service attack into any computer system iv A threat to introduce a virus or other malicious instruction into any computer system which is designed to damage destroy or corrupt electronic data or computer programs stored within the computer system v A threat to contaminate pollute or render substandard your products or goods or vi A threat to disseminate divulge or utilize i. Your confidential information Confidential or personal information of another person or organization or Weaknesses in the source code within any computer system. Page 4 of 15 Insurance Services Office Inc. 2015 Insured Copy CR 00211115 | 2 |
2 However this exclusion does not apply under Insuring Agreement A.5. to loss of money securities or other property while outside the premises in the care and custody of a messenger if you a Had no knowledge of any threat at the time the conveyance began or b Had knowledge of a threat at the time the conveyance began but the loss was not related to the threat. g. Vandalism Loss from damage to the premises or its exterior or to any safe vault cash register cash box cash drawer or other property by vandalism or malicious mischief. h. Voluntary Parting Of Title To Or Possession Of Property Loss resulting from your or anyone else acting on your express or implied authority being induced by any dishonest act to voluntarily part with title to or possession of any property. 4. Insuring Agreement A.6. does not cover a. Authorized Access Loss resulting from a fraudulent 1 Entry of electronic data or computer program into or 2 Change of electronic data or computer program within any computer system owned leased or operated by you by a person or organization with authorized access to that computer system except when covered under Insuring Agreement A.6.b. b. Credit Card Transactions Loss resulting from the use or purported use of credit debit charge access convenience identification stored value or other cards or the information contained on such cards. c. Exchanges Or Purchases Loss resulting from the giving or surrendering of property in any exchange or purchase. d. Fraudulent Instructions Loss resulting from an employee or financial institution acting upon any instruction to 1 Transfer pay or deliver money securities or other property or 2 Debit or delete your account which instruction proves to be fraudulent except when covered under Insuring Agreement A.6.a.2 or A.6.b. e. Inventory Shortages Loss or that part of any loss the proof of which as to its existence or amount is dependent upon 1 An inventory computation or 2 A profit and loss computation. E. Conditions The following conditions apply in addition to the Common Policy Conditions 1. Conditions Applicable To All Insuring Agreements a. Additional Premises Or Employees If while this insurance is in force you establish any additional premises or hire additional employees other than through consolidation or merger with or purchase or acquisition of assets or liabilities of another entity such premises and employees shall automatically be covered under this insurance. Notice to us of an increase in the number of premises or employees is not required and no additional premium will be charged for the remainder of the Policy Period shown in the Declarations. b. Concealment Misrepresentation Or Fraud This insurance is void in any case of fraud by you as it relates to this insurance at any time. It is also void if you or any other Insured at any time intentionally conceals or misrepresents a material fact concerning 1 This insurance 2 The property covered under this insurance 3 Your interest in the property covered under this insurance or 4 A claim under this insurance. CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 5 of 15 | 2 |
c. Consolidation Merger Or Acquisition If you consolidate or merge with or purchase or acquire the assets or liabilities of another entity 1 You must give us written notice as soon as possible and obtain our written consent to extend the coverage provided by this insurance to such consolidated or merged entity or such purchased or acquired assets or liabilities. We may condition our consent by requiring payment of an additional premium but 2 For the first 90 days after the effective date of such consolidation merger or purchase or acquisition of assets or liabilities the coverage provided by this insurance shall apply to such consolidated or merged entity or such purchased or acquired assets or liabilities provided that all occurrences causing or contributing to a loss involving such consolidation merger or purchase or acquisition of assets or liabilities must take place after the effective date of such consolidation merger or purchase or acquisition of assets or liabilities. d. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. e. Duties In The Event Of Loss After you discover a loss or a situation that may result in loss of or damage to money securities or other property you must 1 Notify us as soon as possible. If you have reason to believe that any loss except for loss covered under Insuring Agreement A1. or A.2. involves a violation of law you must also notify the local law enforcement authorities 2 Give us a detailed sworn proof of loss within 120 days 3 Cooperate with us in the investigation and settlement of any claim 4 Produce for our examination all pertinent records 5 Submit to examination under oath at our request and give us a signed statement of your answers and 6 Secure all of your rights of recovery against any person or organization responsible for the loss and do nothing to impair those rights. f. Employee Benefit Plans The employee benefit plans shown in the Declarations hereinafter referred to as Plan are included as Insureds under Insuring Agreement A.1. subject to the following 1 If any Plan is insured jointly with any other entity under this insurance you or the Plan Administrator is responsible for selecting a Limit of Insurance for Insuring Agreement A.1. that is sufficient to provide a Limit of Insurance for each Plan that is at least equal to that required under ERISA as if each Plan were separately insured. With respect to loss sustained or discovered by any such Plan Insuring Agreement A.1. is replaced by the following We will pay for loss of or damage to money securities and other property resulting directly from fraudulent or dishonest acts committed by an employee whether identified or not acting alone or in collusion with other persons. If the first Named Insured is an entity other than a Plan any payment we make for loss sustained by any Plan will be made to the Plan sustaining the loss. If two or more Plans are insured under this insurance any payment we make for loss a Sustained by two or more Plans or b Of commingled money securities or other property of two or more Plans resulting directly from an occurrence will be made to each Plan sustaining loss in the proportion that the Limit of Insurance required under ERISA for each Plan bears to the total of those limits. The Deductible Amount applicable to Insuring Agreement A.1. does not apply to loss sustained by any Plan. 2 3 4 5 Page 6 of 15 Insurance Services Office Inc. 2015 Insured Copy CR 00211115 | 2 |
5 We will not pay more for loss sustained by more than one Insured than the amount we would pay if all such loss had been sustained by one Insured. 6 Payment by us to the first Named Insured for loss sustained by any Insured or payment by us to any employee benefit plan for loss sustained by that Plan shall fully release us on account of such loss.. Legal Action Against Us You may not bring any legal action against us involving loss 1 Unless you have complied with all the terms of this insurance 2 Until 90 days after you have filed proof of loss with us and 3 Unless brought within two years from the date you discovered the loss. If any limitation in this condition is prohibited by law such limitation is amended so as to equal the minimum period of limitation provided by such law.. Liberalization If we adopt any revision that would broaden the coverage under this insurance without additional premium within 45 days prior to or during the Policy Period shown in the Declarations the broadened coverage will immediately apply to this insurance.. Loss Sustained During Prior Insurance Issued By Us Or Any Affiliate 1 Loss Sustained Partly During This Insurance And Partly During Prior Insurance If you discover loss during the Policy Period shown in the Declarations resulting directly from an occurrence taking place a Partly during the Policy Period shown in the Declarations and b Partly during the policy periods of any prior cancelled insurance that we or any affiliate issued to you or any predecessor in interest and this insurance became effective at the time of cancellation of the prior insurance we will first settle the amount of loss that you sustained during this Policy Period. We will then settle the remaining amount of loss that you sustained during the policy periods of the prior insurance. g. Extended Period To Discover Loss We will pay for loss that you sustained prior to the effective date of cancellation of this insurance which is discovered by you 1 No later than one year from the date of that cancellation. However this extended period to discover loss terminates immediately upon the effective date of any other insurance obtained by you whether from us or another insurer replacing in whole or in part the coverage afforded under this insurance whether or not such other insurance provides coverage for loss sustained prior to its effective date. 2 No later than one year from the date of that cancellation with regard to any employee benefit plan. h. Joint Insured 1 If more than one Insured is named in the Declarations the first Named Insured will act for itself and for every other Insured for all purposes of this insurance. If the first Named Insured ceases to be covered then the next Named Insured will become the first Named Insured. 2 If any Insured or partner member manager officer director or trustee of that Insured has knowledge of any information relevant to this insurance that knowledge is considered knowledge of every Insured. 3 An employee of any Insured is considered to be an employee of every Insured. If this insurance or any of its coverages are cancelled as to any Insured loss sustained by that Insured is covered only if it is discovered by you a No later than one year from the date of that cancellation. However this extended period to discover loss terminates immediately upon the effective date of any other insurance obtained by that Insured whether from us or another insurer replacing in whole or in part the coverage afforded under this insurance whether or not such other insurance provides coverage for loss sustained prior to its effective date. No later than one year from the date of that cancellation with regard to any employee benefit plan. 4 b CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 7 of 15 | 2 |
2 Loss Sustained Entirely During Prior Insurance If you discover loss during the Policy Period shown in the Declarations resulting directly from an occurrence taking place entirely during the policy periods of any prior cancelled insurance that we or any affiliate issued to you or any predecessor in interest we will pay for the loss provided a b This insurance became effective at the time of cancellation of the prior insurance and The loss would have been covered under this insurance had it been in effect at the time of the occurrence. We will first settle the amount of loss that you sustained during the most recent prior insurance. We will then settle any remaining amount of loss that you sustained during the policy periods of any other prior insurance. 3 In settling loss under Paragraphs k.1 and k.2 a b The most we will pay for the entire loss is the highest single Limit of Insurance applicable during the period of loss whether such limit was written under this insurance or was written under the prior insurance issued by us. We will apply the applicable Deductible Amount shown in the Declarations to the amount of loss sustained under this insurance. If no loss was sustained under this insurance we will apply the Deductible Amount shown in the Declarations to the amount of loss sustained under the most recent prior insurance. If the Deductible Amount is larger than the amount of loss sustained under this insurance or the most recent prior insurance we will apply the remaining Deductible Amount to the remaining amount of loss sustained during the prior insurance. We will not apply any other Deductible Amount that may have been applicable to the loss. 4 The following examples demonstrate how we will settle losses subject to this condition Example Number 1 The Insured sustained a covered loss of 10000 resulting directly from an occurrence taking place during the terms of Policy A and Policy B. Policy A The current policy. Written at a Limit of Insurance of 50000 and a Deductible Amount of 5000. Policy B Issued prior to Policy A. Written at a Limit of Insurance of 50000 and a Deductible Amount of 5000. Settlement Of Loss The amount of loss sustained under Policy A is 2500 and under Policy B 7500. The highest single Limit of Insurance applicable to this entire loss is 50000 written under Policy A. The Policy A Deductible Amount of 5000 applies. The loss is settled as follows a The amount of loss sustained under Policy A 2500 is settled first. The amount we will pay is nil 0.00 because the amount of loss is less than the Deductible Amount i.e. 2500 loss 5000 deductible 0.00. The remaining amount of loss sustained under Policy B 7500 is settled next. The amount recoverable is 5000 after the remaining Deductible Amount from Policy A of 2500 is applied to the loss ie. 7500 loss 2500 deductible 5000. The most we will pay for this loss is 5000. Example Number 2 The Insured sustained a covered loss of 250000 resulting directly from an occurrence taking place during the terms of Policy A and Policy B. Policy A The current policy. Written at a Limit of Insurance of 125000 and a Deductible Amount of 10000. b Page 8 of 15 Insurance Services Office Inc. 2015 Insured Copy CR 00211115 | 2 |
Settlement Of Loss The amount of loss sustained under Policy A is 350000 under Policy B 250000 under Policy C 600000 and under Policy D 800000. The highest single Limit of Insurance applicable to this entire loss is 1000000 written under Policy A. The Policy A Deductible Amount of 100000 applies. The loss is settled as follows a The amount of loss sustained under Policy A 350000 is settled first. The amount we will pay is 250000 i.e. 350000 loss 100000 deductible 250000. The amount of loss sustained under Policy B 250000 is settled next. The amount we will pay is 250000 no deductible is applied. The amount of loss sustained under Policy C 600000 is settled next. The amount we will pay is 500000 the policy limit no deductible is applied. We will not make any further payment under Policy D as the maximum amount payable under the highest single Limit of Insurance applying to the loss of 1000000 under Policy A has been satisfied. The most we will pay for this loss is 1000000. I. Loss Sustained During Prior Insurance Not Issued By Us Or Any Affiliate 1 If you discover loss during the Policy Period shown in the Declarations resulting directly from an occurrence taking place during the policy period of any prior cancelled insurance that was issued to you or a predecessor in interest by another company and the period of time to discover loss under that insurance had expired we will pay for the loss under this insurance provided a This insurance became effective at the time of cancellation of the prior insurance and b The loss would have been covered under this insurance had it been in effect at the time of the occurrence. b c Policy B Issued prior to Policy A. Written at a Limit of Insurance of 150000 and a Deductible Amount of 25000. Settlement Of Loss The amount of loss sustained under Policy A is 175000 and under Policy B 75000. The highest single Limit of Insurance applicable to this entire loss is 150000 written under Policy B. The Policy A Deductible Amount of 10000 applies. The loss is settled as follows a The amount of loss sustained under Policy A 175000 is settled first. The amount we will pay is the Policy A Limit of 125000 because 175000 loss 10000 deductible 165000 which is greater than the 125000 policy limit. b The remaining amount of loss sustained under Policy B 75000 is settled next. The amount we will pay is 25000 i.e. 150000 Policy B limit 125000 paid under Policy A 25000. The most we will pay for this loss is 150000. Example Number 3 The Insured sustained a covered loss of 2000000 resulting directly from an occurrence taking place during the terms of Policies A B C and D. Policy A The current policy. Written at a Limit of Insurance of 1000000 and a Deductible Amount of 100000. Policy B Issued prior to Policy A. Written at a Limit of Insurance of 750000 and a Deductible Amount of 75000. Policy C Issued prior to Policy B. Written at a Limit of Insurance of 500000 and a Deductible Amount of 50000. Policy D Issued prior to Policy C. Written at a Limit of Insurance of 500000 and a Deductible Amount of 50000. CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 9 of 15 | 2 |
2 In settling loss subject to this condition a The most we will pay for the entire loss is the lesser of the Limits of Insurance applicable during the period of loss whether such limit was written under this insurance or was written under the prior cancelled insurance. b We will apply the applicable Deductible Amount shown in the Declarations to the amount of loss sustained under the prior cancelled insurance. 3 The insurance provided under this condition is subject to the following a If loss covered under this condition is also partially covered under Condition E.1.k. the amount recoverable under this condition is part of not in addition to the amount recoverable under Condition E. For loss covered under this condition that is not subject to Paragraph I.3a the amount recoverable under this condition is part of not in addition to the Limit of Insurance applicable to the loss covered under this insurance and is limited to the lesser of the amount recoverable under i This insurance as of its effective date or ii The prior cancelled insurance had it remained in effect. m. Other Insurance If other valid and collectible insurance is available to you for loss covered under this insurance our obligations are limited as follows 1 Primary Insurance When this insurance is written as primary insurance and a You have other insurance subject to the same terms and conditions as this insurance we will pay our share of the covered loss. Our share is the proportion that the applicable Limit Of Insurance shown in the Declarations bears to the total limit of all insurance covering the same loss. b b You have other insurance covering the same loss other than that described in Paragraph m.1a we will only pay for the amount of loss that exceeds i The Limit of Insurance and Deductible Amount of that other insurance whether you can collect on it or not or ii The Deductible Amount shown in the Declarations whichever is greater. Our payment for loss is subject to the terms and conditions of this insurance. 2 Excess Insurance a When this insurance is written excess over other insurance we will only pay for the amount of loss that exceeds the Limit of Insurance and Deductible Amount of that other insurance whether you can collect on it or not. Our payment for loss is subject to the terms and conditions of this insurance. b However if loss covered under this insurance is subject to a deductible we will reduce the Deductible Amount shown in the Declarations by the sum total of all such other insurance plus any Deductible Amount applicable to that other insurance. n. Ownership Of Property Interests Covered The property covered under this insurance is limited to property 1 That you own or lease 2 Thatis held by you in any capacity or 3 For which you are legally liable provided you were liable for the property prior to the time the loss was sustained. However this insurance is for your benefit only. It provides no rights or benefits to any other person or organization. Any claim for loss that is covered under this insurance must be presented by you. o. Records You must keep records of all property covered under this insurance so we can verify the amount of any loss. Page 10 of 15 Insurance Services Office Inc. 2015 Insured Copy CR 00211115 | 2 |
b In the United States of America dollar equivalent determined by the rate of exchange published in The Wall Street Journal on the day the loss was discovered. 2 Securities Loss of securities but only up to and including their value at the close of business on the day the loss was discovered. We may at our option a Pay the market value of such securities or replace them in kind in which event you must assign to us all your rights title and interest in and to those securities or Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the securities. However we will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of the i Market value of the securities at the close of business on the day the loss was discovered or ii Limit of Insurance applicable to the securities. 3 Property Other Than Money And Securities a Loss of or damage to other property or loss from damage to the premises or its exterior for the replacement cost of the property without deduction for depreciation. However we will not pay more than the least of the following i The Limit of Insurance applicable to the lost or damaged property ii The cost to replace the lost or damaged property with property of comparable material and quality and used for the same purpose or iii The amount you actually spend that is necessary to repair or replace the lost or damaged property. b p. b Recoveries 1 Any recoveries whether effected before or after any payment under this insurance whether made by us or by you shall be applied net of the expense of such recovery a First to you in satisfaction of your covered loss in excess of the amount paid under this insurance b Second to us in satisfaction of amounts paid in settlement of your claim c Third to you in satisfaction of any Deductible Amount and d Fourth to you in satisfaction of any loss not covered under this insurance. 2 Recoveries do not include any recovery a From insurance suretyship reinsurance security or indemnity taken for our benefit or b Of original securities after duplicates of them have been issued.. Territory This insurance covers loss that you sustain resulting directly from an occurrence taking place within the United States of America including its territories and possessions Puerto Rico and Canada. Transfer Of Your Rights Of Recovery Against Others To Us You must transfer to us all your rights of recovery against any person or organization for any loss you sustained and for which we have paid or settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them.. Valuation Settlement The value of any loss for purposes of coverage under this insurance shall be determined as follows 1 Money Loss of money but only up to and including its face value. We will at your option pay for loss of money issued by any country other than the United States of America a At face value in the money issued by that country or CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 11 of 15 | 2 |
b We will not pay on a replacement cost basis for any loss or damage to property covered under Paragraph s.3a i Until the lost or damaged property is actually repaired or replaced and ii Unless the repair or replacement is made as soon as reasonably possible after the loss or damage. If the lost or damaged property is not repaired or replaced we will pay on an actual cash value basis. c We will at your option pay for loss or damage to such property i In the money of the country in which the loss or damage was sustained or ii In the United States of America dollar equivalent of the money of the country in which the loss or damage was sustained determined by the rate of exchange published in The Wall Street Journal on the day the loss was discovered. d Any property that we pay for or replace becomes our property. 2. Conditions Applicable To Insuring Agreement A.1. a. Termination As To Any Employee This Insuring Agreement terminates as to any employee 1 As soon as a Youor b Any of your partners members managers officers directors or trustees not in collusion with the employee learn of theft or any other dishonest act committed by the employee whether before or after becoming employed by you or On the date specified in a notice mailed to the first Named Insured. That date will be at least 30 days after the date of mailing. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. 2 b. Territory We will pay for loss caused by any employee while temporarily outside the territory specified in Territory Condition E.1.q. for a period of not more than 90 consecutive days.. Conditions Applicable To Insuring Agreement A.2. a. Deductible Amount The Deductible Amount does not apply to legal expenses paid under Insuring Agreement A.2. b. Electronic And Mechanical Signatures We will treat signatures that are produced or reproduced electronically mechanically or by other means the same as handwritten signatures. c. Proof Of Loss You must include with your proof of loss any instrument involved in that loss or if that is not possible an affidavit setting forth the amount and cause of loss. d. Territory We will cover loss that you sustain resulting directly from an occurrence taking place anywhere in the world. Territory Condition E.1.q. does not apply to Insuring Agreement A.2.. Conditions Applicable To Insuring Agreements A.4. And A.5. a. Armored Motor Vehicle Companies Under Insuring Agreement A.5. we will only pay for the amount of loss you can not recover 1 Under your contract with the armored motor vehicle company and 2 From any insurance or indemnity carried by or for the benefit of customers of the armored motor vehicle company. b. Special Limit Of Insurance For Specified Property We will only pay up to 5000 for any one occurrence of loss of or damage to 1 Precious metals precious or semiprecious stones pearls furs or completed or partially completed articles made of or containing such materials that constitute the principal value of such articles or Page 12 of 15 Insurance Services Office Inc. 2015 Insured Copy CR 00211115 | 2 |
2 Manuscripts drawings or records of any kind or the cost of reconstructing them or reproducing any information contained in them. 5. Conditions Applicable To Insuring Agreement A.6. a. Special Limit Of Insurance For Specified Property We will only pay up to 5000 for any one occurrence of loss of or damage to manuscripts drawings or records of any kind or the cost of reconstructing them or reproducing any information contained in them. b. Territory We will cover loss that you sustain resulting directly from an occurrence taking place anywhere in the world. Territory Condition E.1.q. does not apply to Insuring Agreement A.6. F. Definitions 1. Computer program means a set of related electronic instructions which direct the operation and function of a computer or devices connected to it which enable the computer or devices to receive process store or send electronic data. 2. Computer system means a. Computers including Personal Digital Assistants PDAs and other transportable or handheld devices electronic storage devices and related peripheral components b. Systems and applications software and c. Related communications networks by which electronic data is collected transmitted processed stored or retrieved. 3. Counterfeit money means an imitation of money which is intended to deceive and to be taken as genuine. 4. Custodian means you or any of your partners or members or any employee while having care and custody of property inside the premises excluding any person while acting as a watchperson or janitor. 5. Discover or discovered means the time when you first become aware of facts which would cause a reasonable person to assume that a loss of a type covered by this insurance has been or will be incurred regardless of when the act or acts causing or contributing to such loss occurred even though the exact amount or details of loss may not then be known. Discover or discovered also means the time when you first receive notice of an actual or potential claim in which it is alleged that you are liable to a third party under circumstances which if true would constitute a loss under this insurance.. Electronic data means information facts images or sounds stored as or on created or used on or transmitted to or from computer software including systems and applications software on data storage devices including hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 7. Employee a. Means 1 Any natural person a While in your service and for the first 30 days immediately after termination of service unless such termination is due to theft or any dishonest act committed by the employee b Whom you compensate directly by salary wages or commissions and Whom you have the right to direct and control while performing services for you 2 Any natural person who is furnished temporarily to you a To substitute for a permanent employee as defined in Paragraph 7.a.1 who is on leave or b To meet seasonal or short term work load conditions while that person is subject to your direction and control and performing services for you Any natural person who is leased to you under a written agreement between you and a labor leasing firm to perform duties related to the conduct of your business but does not mean a temporary employee as defined in Paragraph 7.a.2 4 Any natural person who is a A trustee officer employee administrator or manager except an administrator or manager who is an independent contractor of any employee benefit plan or 3 CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 13 of 15 | 2 |
b Your director or trustee while that person is engaged in handling money securities or other property of any employee benefit plan 5 Any natural person who is a former employee. partner member manager director or trustee retained by you as a consultant while performing services for you 6 Any natural person who is a guest student or intern pursuing studies or duties 7 Any natural person employed by an entity merged or consolidated with you prior to the effective date of this insurance and 8 Any natural person who is your manager director or trustee while a Performing acts within the scope of the usual duties of an employee or b Acting as a member of any committee duly elected or appointed by resolution of your board of directors or board of trustees to perform specific as distinguished from general directorial acts on your behalf. b. Does not mean Any agent broker factor commission merchant consignee independent contractor or representative of the same general character not specified in Paragraph 7.a. 8. Employee benefit plan means any welfare or pension benefit plan shown in the Declarations that you sponsor and that is subject to the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto. 9. Financial institution means a. With regard to Insuring Agreement A.3. 1 A bank savings bank savings and loan association trust company credit union or similar depository institution or 2 Aninsurance company. b. With regard to Insuring Agreement A.6. 1 A bank savings bank savings and loan association trust company credit union or similar depository institution 2 Aninsurance company or 3 A stock brokerage firm or investment company. 10. 1. 12. c. Other than Insuring Agreements A.3. and A.6. any financial institution. Financial institution premises means the interior of that portion of any building occupied by a financial instituton as defined in Paragraph F.9.a. Forgery means the signing of the name of another person or organization with intent to deceive it does not mean a signature which consists in whole or in part of one s own name signed with or without authority in any capacity for any purpose. Fraudulent instruction means a. With regard to Insuring Agreement A6.a.2 1 A computer telefacsimile telephone or other electronic instruction directing a financial institution to debit your transfer account and to transfer pay or deliver money or securities from that transfer account which instruction purports to have been issued by you but which in fact was fraudulently issued by someone else without your knowledge or consent or 2 A written instruction other than those covered under Insuring Agreement A.2. issued to a financial institution directing the financial institution to debit your transfer account and to transfer pay or deliver money or securities from that transfer account through an electronic funds transfer system at specified times or under specified conditions which instruction purports to have been issued by you but which in fact was issued forged or altered by someone else without your knowledge or consent. b. With regard to Insuring Agreement A.6.b. A computer telefacsimile telephone or other electronic written or voice instruction directing an employee to enter or change electronic data or computer programs within a computer system covered under the Insuring Agreement which instruction in fact was fraudulently issued by your computer software contractor. 13. Manager means a natural person serving in a 14. directorial capacity for a limited liability company. Member means an owner of a limited liability company represented by its membership interest who if a natural person may also serve as a manager. Page 14 of 15 Insurance Services Office Inc. 2015 Insured Copy CR 00211115 | 2 |
18. 19. 20. 21. 22. 23. 24. 25. Other property means any tangible property other than money and securities that has intrinsic value. Other property does not include computer programs electronic data or any property specifically excluded under this insurance. Premises means the interior of that portion of any building you occupy in conducting your business. Robbery means the unlawful taking of property from the care and custody of a person by one who has a. Caused or threatened to cause that person bodily harm or b. Committed an obviously unlawful act witnessed by that person. Safe burglary means the unlawful taking of a. Property from within a locked safe or vault by a person unlawfully entering the safe or vault as evidenced by marks of forcible entry upon its exterior or b. A safe or vault from inside the premises. Securities means negotiable and nonnegotiable instruments or contracts representing either money or property and includes a. Tokens tickets revenue and other stamps whether represented by actual stamps or unused value in a meter in current use and b. Evidences of debt issued in connection with credit or charge cards which cards are not issued by you but does not include money. Theft means the unlawful taking of property to the deprivation of the Insured. Transfer account means an account maintained by you at a financial institution from which you can initiate the transfer payment or delivery of money or securities a. By means of computer telefacsimile telephone or other electronic instructions or b. By means of written instructions other than those covered under Insuring Agreement A.2. establishing the conditions under which such transfers are to be initiated by such financial institution through an electronic funds transfer system. Watchperson means any person you retain specifically to have care and custody of property inside the premises and who has no other duties. 15. 16. 17. Messenger means you or your relative or any of your partners or members or any employee while having care and custody of property outside the premises. Money means a. Currency coins and bank notes in current use and having a face value b. Traveler s checks and money orders held for sale to the public and c. In addition includes 1 Under Insuring Agreements A.1. and A.2. deposits in your account at any financial institution and 2 Under Insuring Agreement A.6. deposits in your account at a financial institution as defined in Paragraph F.9.b. Occurrence means a. Under Insuring Agreement A.1. 1 An individual act 2 The combined total of all separate acts whether or not related or 3 A series of acts whether or not related committed by an employee acting alone or in collusion with other persons during the Policy Period shown in the Declarations except as provided under Condition E.1.k. or E.1.l. b. Under Insuring Agreement A.2. 1 An individual act 2 The combined total of all separate acts whether or not related or 3 A series of acts whether or not related committed by a person acting alone or in collusion with other persons involving one or more instruments during the Policy Period shown in the Declarations except as provided under Condition E.1.k. or E.1.I. c. Under all other Insuring Agreements 1 An individual act or event 2 The combined total of all separate acts or events whether or not related or 3 A series of acts or events whether or not related committed by a person acting alone or in collusion with other persons or not committed by any person during the Policy Period shown in the Declarations except as provided under Condition E.1.k. or E.1.I. CR 00211115 Insurance Services Office Inc. 2015 Insured Copy Page 15 of 15 | 2 |
CRIME AND FIDELITY CR 011008 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MICHIGAN CHANGES DUTIES This endorsement modifies insurance provided under the following COMMERCIAL CRIME COVERAGE FORM GOVERNMENT CRIME COVERAGE FORM KIDNAP RANSOM AND EXTORTION COVERAGE FORM A. Under the Commercial Crime Coverage Form and B. Under the Kidnap Ransom And Extortion Cover Government Crime Coverage Form the following age Form the following is added to the Duties In is added to the Duties In The Event Of Loss Con The Event Of An Occurrence Condition dition Notice given by or on behalf of the Insured to our Notice given by or on behalf of the Insured to our authorized agent with particulars sufficient to authorized agent with particulars sufficient to identify the Insured shall be considered notice to identify the Insured shall be considered notice to us. us. CR 011008 07 ISO Properties Inc. 2006 Insured Copy Page 10f 1 m | 2 |
CRIME AND FIDELITY CR 040508 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSIDE THE PREMISES THEFT OF OTHER PROPERTY This endorsement modifies insurance provided under the following COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY GOVERNMENT CRIME COVERAGE FORM GOVERNMENT CRIME POLICY With regard to this Inside The Premises Theft Of Other Property endorsement the provisions of the Coverage Form or Policy to which this endorsement is attached apply unless modified by this endorsement. A. The following Insuring Agreement is added to Section A. Insuring Agreements We will pay for 1. Loss of or damage to other property inside the premises resulting directly from theft. 2. Loss from damage to the premises or its exterior resulting directly from an actual or attempted theft of other property if you are the owner of the premises or are liable for damage to it. B. The following exclusions are added to Section D. Exclusions This Insuring Agreement does not cover 1. Loss occurring while there is any change in the condition of the risk within your control that increases the possibility of loss. 2. Loss resulting from the giving or surrendering of property in any exchange or purchase. 3. Loss resulting from fire however caused except a. Loss from damage to a safe or vault or b. Loss resulting from theft occurring during a fire inside the premises. 4. Loss or that part of any loss the proof of which as to its existence or amount is dependent upon a. An inventory computation or b. A profit and loss computation.. Loss of or damage to motor vehicles trailers or semitrailers or equipment and accessories attached to them.. Loss of or damage to property after it has been transferred or surrendered to a person or place outside the premises or financial institution premises a. On the basis of unauthorized instructions or b. As a result of a threat including but not limited to 1 A threat to do bodily harm to any person 2 Athreatto do damage to any property 3 A threat to introduce a denial of service attack into any computer system 4 A threat to introduce a virus or other malicious instruction into any computer system which is designed to damage or destroy or corrupt data or computer programs stored within the computer system 5 A threat to contaminate pollute or render substandard your products or goods or 6 A threat to disseminate divulge or utilize a Your confidential information b Confidential or personal information of another person or organization or c Weaknesses in the source code within any computer system. 5. Loss of or damage to motor vehicles trailers or semitrailers or equipment and accessories attached to them. 6. Loss of or damage to property after it has been transferred or surrendered to a person or place outside the premises or financial institution premises a. On the basis of unauthorized instructions or b. As a result of a threat including but not limited to 1 A threat to do bodily harm to any person 2 A threat to do damage to any property 3 A threat to introduce a denial of service attack into any computer system 4 A threat to introduce a virus or other malicious instruction into any computer system which is designed to damage or destroy or corrupt data or computer programs stored within the computer system 5 A threat to contaminate pollute or render substandard your products or goods or 6 A threat to disseminate divulge or utilize a Your confidential information b Confidential or personal information of another person or organization or c Weaknesses in the source code within any computer system. CR 040508 13 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 2 | 2 |
2. We will only pay up to 5000 for any one occurrence of loss of or damage to a. Precious metals precious or semiprecious stones pearls furs or completed or partially completed articles made of or containing such materials that constitute the principal value of such articles or b. Manuscripts drawings or records of any kind or the cost of reconstructing them or reproducing any information contained in them. 7. Loss from damage to the premises or its exterior or to any other property by vandalism or malicious mischief. 8. Loss resulting from you or anyone acting on your express or implied authority being induced by any dishonest act to voluntarily part with title to or possession of any property. C. The following conditions are added to Section E. Conditions 1. If a loss covered under this Insuring Agreement occurs coverage is suspended until the premises are restored to the same condition of security that existed prior to the loss. However if you maintain at least one watchperson while the premises are closed for business this condition will not apply. Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy CR 040508 13 | 2 |
CRIME AND FIDELITY CR 07 5108 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPLACE TERRORISM PROVISIONS APPLICABLE TO CRIME FIDELITY ONLY COMMERCIAL CRIME COVERAGE FORM GOVERNMENT CRIME COVERAGE FORM KIDNAP RANSOM AND EXTORTION COVERAGE FORM Any endorsement in this policy that refers to certi fied acts of terrorism does not apply to the Commercial Crime Coverage Form Government Crime Coverage Form or Kidnap Ransom And Ex tortion Coverage Form. Instead the following ex clusion applies to such Coverage Forms EXCLUSION OF TERRORISM We will not pay for loss or damage caused directly or indirectly by terrorism including action in hin dering or defending against an actual or expected incident of terrorism. Such loss or damage is ex cluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. 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 de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contamina tion or 2. Radioactive material is released and it appears that one purpose of the terrorism was to re lease such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous 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 This endorsement modifies insurance provided under the following 5. The total of insured damage to all types of property in the United States its territories and possessions Puerto Rico and Canada exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will in clude all insured damage sustained by property of all persons and entities affected by the ter rorism and business interruption losses sus tained by owners or occupants of the damaged property. For the purpose of this provision in sured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the applica tion of any terrorism exclusions. Multiple inci dents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or com mon leadership will be deemed to be one inci dent for the purpose of determining whether the threshold is exceeded. With respect to this Item A.5. the immediately preceding paragraph describes 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 de termining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Form. B. Application Of Other Exclusions 1. When the Exclusion Of Terrorism applies in accordance with the terms of Paragraph A.1. or A.2 such exclusion applies without regard to the Nuclear Hazard Exclusion in this Coverage Form. CR 07 5108 08 Insurance Services Office Inc. 2008 Insured Copy Page 1 of 2 m | 2 |
2. The terms and limitations of any terrorism ex clusion or the inapplicability or omission of a terrorism exclusion do not serve to create cov erage for any loss or damage which would oth erwise be excluded under this Coverage Form such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Ex clusion. C. The following definition is added and applies under this endorsement wherever the term terrorism is enclosed in quotation marks. Terrorism means activities against persons or ganizations or property of any nature 1. That involve the following or preparation for the following a. Use or threat of force or violence or b. Commission or threat of a dangerous act or c. Commission or threat of an act that inter feres with or disrupts an electronic com munication information or mechanical sys tem and 2. When one or both of the following applies a. The effect is to intimidate or coerce a gov ernment or the civilian population or any segment thereof or to disrupt any segment of the economy or b. 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 opposi tion to a philosophy or ideology. Page 2 of 2 Insurance Services Office Inc. 2008 Insured Copy CR 07 51 08 08 o | 2 |
CRIME AND FIDELITY CR 25470917 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U.S. DEPARTMENT OF LABOR ERISA PLAN COVERAGE AMENDMENTS This endorsement modifies insurance provided under the following COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY EMPLOYEE THEFT AND FORGERY POLICY With regard to coverage provided for employee benefit plans the provisions of the Coverage Form or Policy to which this endorsement is attached apply unless modified by this endorsement. A. Under Section D. Exclusions 1. In Section D.1. a. The Acts Committed By You Your For the purposes of this exclusion confidential or personal information includes but is not limited to patents trade secrets processing methods customer lists financial information credit card information health information retirement or health savings account information or any other type of nonpublic information. Partners Or Your Members Exclusion is 2. In Section D.2. replaced by the following Acts Committed By You Your Partners a. The Trading Exclusion is deleted. Or Your Members b. The Warehouse Receipts Exclusion is Loss resulting from theft or any other deleted. dishonest or fraudulent act committed by B. Paragraph 2 of the Employee Benefit Plans 1 You or 2 Any of your partners or members whether acting alone or in collusion with other persons except while handling money securities or other property of an employee benefit plan. b. The Confidential Or Personal Information Exclusion is replaced by the following Confidential Or Personal Information Loss resulting from 1 The disclosure or use of another person s or organization s confidential or personal information except as Condition is replaced by the following 2 With respect to loss sustained or discovered by any such Plan Insuring Agreement A.1. is replaced by the following We will pay for loss of or damage to money securities and other property resulting directly from fraudulent or dishonest acts committed by an employee whether identified or not sole proprietor partner or member acting alone or in collusion with other persons while such employee sole proprietor partner or member is handling money securities or other property of an employee benefit plan. provided in Paragraph 2. C. Paragraph a. of the definition of occurrence is 2 The disclosure of your or an employee replaced by the following benefit plan participant s confidential or a. Under Insuring Agreement A. personal information. However this Paragraph 2 does not apply to loss otherwise covered under Insuring Agreement A.1. that results directly from the use of your or an employee benefit plan participant s confidential or personal information. 1 Anindividual act 2 The combined total of all separate acts whether or not related or 3 A series of acts whether or not related For the purposes of this exclusion confidential or personal information includes but is not limited to patents trade secrets processing methods customer lists financial information credit card information health information retirement or health savings account information or any other type of nonpublic information. 2. In Section D.2. a. The Trading Exclusion is deleted. b. The Warehouse Receipts Exclusion is deleted. B. Paragraph 2 of the Employee Benefit Plans Condition is replaced by the following 2 With respect to loss sustained or discovered by any such Plan Insuring Agreement A.1. is replaced by the following We will pay for loss of or damage to money securities and other property resulting directly from fraudulent or dishonest acts committed by an employee whether identified or not sole proprietor partner or member acting alone or in collusion with other persons while such employee sole proprietor partner or member is handling money securities or other property of an employee benefit plan. C. Paragraph a. of the definition of occurrence is replaced by the following a. Under Insuring Agreement A.1. 1 An individual act 2 The combined total of all separate acts whether or not related or 3 A series of acts whether or not related CR 25470917 Insurance Services Office Inc. 2017 Insured Copy Page 1 of 2 | 2 |
committed by an employee sole proprietor partner or member acting alone or in collusion with other persons during the Policy Period shown in the Declarations before such Policy Period or both. Page 2 of 2 Insurance Services Office Inc. 2017 Insured Copy CR 25470917 | 2 |
POLICY NUMBER CPP144139A COMMERCIAL AUTO CRESTBROOK INSURANCE COMPANY BUSINESS AUTO DECLARATIONS ITEM ONE PRODUCER USI INSURANCE SERVICES NAMED INSURED QUALITY ROASTING LLC MAILING ADDRESS 135 S. BRADLEYVILLE RD. REESE MI 48757 POLICY PERIOD From 09 24 2020 to 12 31 2021 at1201 A.M. Standard Time at your mailing address shown above PREVIOUS POLICY NUMBER CPP144139A FORM OF BUSINESS CORPORATION X LIMITED LIABILITY COMPANY INDIVIDUAL PARTNERSHIP OTHER INRETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Premium shown is payable at incepti AUDIT PERIOD IF APPLICABLE ANNUALLY SEM QUARTERLY MONTHLY WAIVED ANNUALLY ENDORSEMENTS ATTACHED TO THIS POLICY IL 00 17 Common Policy Conditions IL 01 46 in Washington IL 00 21 Broad Form Nuclear Exclusion not Applicable in New York IL 01 98 in Washington SEE SCHEDULE OF FORMS AND ENDORSEMENTS COUNTERSIGNED BY Date Authorized Representative AU DEC C W 1013 Page 1 Insured Copy | 2 |
ITEM TWO Schedule Of Coverages And Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the Covered Autos section of the Business Auto Coverage Form next to the name of the coverage. COVERED COVERAGES AUTOS LiMmiT PREMIUM COVERED AUTOS LIABILITY 1000000 384 PERSONAL INJURY SEPARATELY STATED IN EACH P.I.P. PROTECTION or equivalent No fault Coverage ADDED PERSONAL INJURY PROTECTION or equivalent Added No fault Coverage PROPERTY PROTECTION INSURANCE Michigan only AUTO MEDICAL PAYMENTS EACH INSURED MEDICAL EXPENSE AND SEPARATELY STATED IN THE MEDICAL INCOME LOSS BENEFITS EXPENSE AND INCOME LOSS BENEFITS Virginia only ENDORSEMENT. UNINSURED MOTORISTS 1000000 UNDERINSURED MOTORISTS When not included in Uninsured Motorists Coverage ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. See ITEM FOUR For Hired or Borrowed Autos. ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO FOR PHYSICAL DAMAGE COMPREHENSIVE COVERAGE PHYSICAL DAMAGE SPECIFIED CAUSES OF LOSS COVERAGE PHYSICAL DAMAGE COLLISION COVERAGE PHYSICAL DAMAGE FOR EACH DISABLEMENT TOWING AND LABOR OF A PRIVATE PASSENGER AUTO. TAX SURCHARGE FEE PREMIUM FOR ENDORSEMENTS ESTIMATED TOTAL PREMIUM 384.00 This policy may be subject to final audit. AU DEC C W 1013 Page 2 MAGE SIVE Page 2 Insured Copy | 2 |
ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN Premium DESCRIPTION TERRITORY Year Model Trade Name Body Type Town State Where The Covered Serial Number S Vehicle Identification Covered Auto Will Be. Auto No. Number VIN Principally Garaged Original Cost New EXCEPT For Towing CLASSIFICATION Al Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Radius Interests In The Auto Covered of At The Time Of The Auto No. Operation Secondary Rating Classification Code Loss COVERAGES PREMIUMS LIMITS AND DEDUCTIBLES Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies instead. COVERED AUTOS PERSONAL INJURY PROPERTY PROTECTION LIABILITY PROTECTION ADDED P.L.P. Michigan Only Limit Stated Limit Stated InEachP.LP. Premium For InP.P.1. Endt. Limit Stated In Endt. Minus Covered Deductible Each Added Deductible Auto No. Limit Premium Shown Below Premium P.LP. Endt. Shown Below Premium Total Page 3 AU DEC C W 1013 Insured Copy | 2 |
ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN Continued Covered Auto No. Total Premium Covered Auto No. COVERAGES PREMIUMS LIMITS AND DEDUCTIBLES Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies instead. MEDICAL EXPENSE AND ALTAOYME.ICSAL INCOME LOSS BENEFITS UNDERINSURED Virginia Only UNINSURED MOTORISTS MOTORISTS Limit Stated In The Medical Expense and Income Loss Limit Benefits Each Endorsement Insured Premium For Each Person Premium Limit Premium Premium COVERAGES PREMIUMS LIMITS AND DEDUCTIBLES Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies instead. SPECIFIED CAUSES COMPREHENSIVE OFLOSS COLLISION TOWING LABOR Limit Limit Limit Stated In Stated In Stated In ITEM TWO ITEM TWO ITEM TWO Minus Minus Minus Deductible Deductible Deductible Shown Shown Shown Limit Per Below Premium Below Premium Below Premium Disablement Premium AU DEC C W 1013 Page 4 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS LIABILITY COVERAGE ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Primary Coverage PREMIUM Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means semitrailers and if not included therein lessor or an employee of the lessee or any other third party and others. 1. Thetotal dollar amount of costs you incurred for the hire of automobiles includes trailers and 2. Thetotal remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by 3. Thetotal dollar amount of any other costs i.e. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage MI IF ANY 181 TOTAL HIRED AUTO PREMIUM 181 For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. biles includes trailers and AU DEC C W 1013 Page 5 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF COMPREHENSIVE REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF COLLISION REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. OLLISION Page 6 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd COVERAGE Covered Autos Liability Primary Coverage STATE Cost Of Hire Rating Basis For Mobile Or Farm Equipment Other Than Physical Damage Coverages ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE PREMIUM Mobile Farm Equipment Equipment Mobile Equipment Farm Equipment Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUM Cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. AU DEC C W 1013 Page 7 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Cost Of Hire Rating Basis For Mobile or Farm Equipment Physical Damage Coverages COVERAGE COMPREHENSIVE STATE LIMIT OF INSURANCE ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With A Driver PREMIUM Mobile Farm Equipment Equipment Mobile Farm Equipment Equipment SPECIFIED CAUSES OF LOSS ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO FORLOSS CAUSED BY MISCHIEF OR VANDAL ISM. COLLISION ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. ECIFIED AUSES F LOSS OLLISION Page 8 AU DEC C W 1013 Insured Copy | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Rental Period Rating Basis For Mobile Or Farm Equipment COVERAGE WHERE THE JOB SITE ESTIMATED NUMBER OF DAYS EQUIPMENT WILL TOWN AND STATE BE RENTED PREMIUM Mobile Equipment Farm IS LOCATED Equipment Mobile Equipment Farm Equipment Covered Autos Liability Primary Coverage Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUMS ITEM FIVE SCHEDULE FOR NON OWNERSHIP COVERED AUTOS LIABILITY NAMED INSURED S BUSINESS Other Than Garage Service Operations And Other Than Social Service Agencies RATING BASIS Number Of Employees NUMBER IF ANY PREMIUM 203 Number Of Partners Active and Inactive Garage Service Operations Number Of Employees Whose Principal Duty Involves The Operation Of Autos Number Of Partners Active and Inactive Social Service Agencies Number Of Employees Number Of Volunteers Who Regularly Use Autos To Transport Clients Number Of Partners Active and Inactive TOTAL NON OWNERSHIP COVERED AUTOS LIABILITY PREMIUM 203 Page 9 AU DEC C W 1013 Insured Copy | 2 |
ITEM SIX SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS Type Of Risk Check one Public Autos Leasing Or Rental Concerns Rating Basis Check one Gross Receipts Per 100 Mileage Per Mile Estimated Yearly Check One Gross Receipts Per 100 Mileage Premiums Covered Autos Liability Personal Injury Protection Added Personal Injury Protection Property Protection Insurance Michigan Only Auto Medical Payments Medical Expense And Income Loss Benefits Virginia Only Comprehensive Specified Causes Of Loss Collision Towing And Labor When used as a premium basis FOR PUBLIC AUTOS Gross receipts means the total amount earned by the named insured for transporting passengers mail and merchandise. Gross receipts does not include 1. Amounts paid to air sea or land carriers operating under their own permits. 2. Advertising revenue. 3. Taxes collected as a separate item and paid directly to the government. 4. C.0.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing autos during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of autos to others without drivers. Mileage means the total live and dead mileage of all autos you leased or rented to others without drivers. Page 10 AU DEC C W 1013 Insured Copy | 2 |
COMMERCIAL AUTO CA 00011013 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERED AUTOS Item Two of the Declarations shows the autos that are covered autos for each of your coverages. The following numerical symbols describe the autos that may be covered autos. The symbols entered next to a coverage on the Declarations designate the only autos that are covered autos. A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any Auto 2 Owned Autos Only those autos you own and for Covered Autos Liability Coverage any Only trailers you do nt own while attached to power units you own. This includes those autos you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger autos you own. This includes those private Passenger passenger autos you acquire ownership of after the policy begins. Autos Only 4 Owned Only those autos you own that are not of the private passenger type and for Autos Other Covered Autos Liability Coverage any trailers you do nt own while attached to Than Private power units you own. This includes those autos not of the private passenger Passenger type you acquire ownership of after the policy begins. Autos Only 5 Owned Autos Only those autos you own that are required to have no fault benefits in the state Subject To where they are licensed or principally garaged. This includes those autos you No fault acquire ownership of after the policy begins provided they are required to have no fault benefits in the state where they are licensed or principally garaged. 6 Owned Autos Only those autos you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and can not reject Uninsured Compulsory Motorists Coverage. This includes those autos you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those autos described in Item Three of the Declarations for which a Described premium charge is shown and for Covered Autos Liability Coverage any trailers Autos you do nt own while attached to any power unit described in Item Three. 8 Hired Autos Only those autos you lease hire rent or borrow. This does not include any auto Only you lease hire rent or borrow from any of your employees partners if you are a partnership members if you are a limited liability company or members of their households. 9 Non owned Only those autos you do not own lease hire rent or borrow that are used in Autos Only connection with your business. This includes autos owned by your employees partners if you are a partnership members if you are a limited liability company or members of their households but only while used in your business or your personal affairs. overage. e rights d your mo dny CA 00011013 Insurance Services Office Inc. 2011 Insured Copy Page 1 of 12 | 2 |
19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those autos that are land vehicles and that would qualify under the definition of mobile equipment under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1 2 3 4 5 6 or 19 are entered next to a coverage in Item Two of the Declarations then you have coverage for autos that you acquire of the type described for the remainder of the policy period. 2. But if Symbol 7 is entered next to a coverage in Item Two of the Declarations an auto you acquire will be a covered auto for that coverage only if a. We already cover all autos that you own for that coverage or it replaces an auto you previously owned that had that coverage and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form the following types of vehicles are also covered autos for Covered Autos Liability Coverage 1. Trailers with a load capacity of 2000 pounds or less designed primarily for travel on public roads. 2. Mobile equipment while being carried or towed by a covered auto. 3. Any auto you do not own while used with the permission of its owner as a temporary substitute for a covered auto you own that is out of service because of its a. Breakdown. Repair. Servicing. Loss or. Destruction. o a0 0 T SECTION Il COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an insured legally must pay as damages because of bodily injury or property damage to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of a covered auto. We will also pay all sums an insured legally must pay as a covered pollution cost or expense to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of covered autos. However we will only pay for the covered pollution cost or expense if there is either bodily injury or property damage to which this insurance applies that is caused by the same accident. We have the right and duty to defend any insured against a suit asking for such damages or a covered pollution cost or expense. However we have no duty to defend any insured against a suit seeking damages for bodily injury or property damage or a covered pollution cost or expense to which this insurance does not apply. We may investigate and settle any claim or suit as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are insureds a. You for any covered auto. b. Anyone else while using with your permission a covered auto you own hire or borrow except e owner or anyone else from whom 1 Th y Ise fi h you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer connected to a covered auto you own. 2d Page 2 of 12 Insurance Services Office Inc. 2011 Insured Copy CA 00011013 | 2 |
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