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COMMERCIAL GENERAL LIABILITY I COVERAGE PART DECLARATIONS DECLARATIONS Previous Policy No. 37 C QU0983 This COMMERCIAL GENERAL LIABILITY COVERAGE PART consists of A. This Declarations B. Commercial Liability Schedule if applicable C. Commercial General Liability Coverage Form and D. Any Endorsements issued to be part of this Coverage Part and listed below. POLICY NO. 37 UEN QU2335 1. Audit Period is the Policy Period unless otherwise herein stated Semi Annual Quarterly Monthly x Annual Not subject to Audit 2. Advance Premium 4290 which is AFlat Charge Per Each Policy Period Adjustable at the end of each Audit Period Per Premium Computation Endorsement Minimum Retained Audit Premium 4290 Minimum Retained Premium 4 290 not subject to adjustment in the event of cancellation by you. Applicable State Surcharges REFER TO SCHEDULE HC1210 Note charges if any are included in item 2. above 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy that apply are Each Occurrence 81000000 Personal and Advertising Injury Limit 1000000 Damage to Premises Rented To You Limit Any One Premises 300000 Medical Payments Coverage Limit Any One Person 10000 General Aggregate Limit Other than Products Completed Operations 52000000 Products Completed Operations Aggregate Limit 2 000 000 4. Classifications if any REFER TO EXTENSION SCHEDULE. 5. Business Description ENGINEERING FIRM 6. Form Numbers of Coverage Forms and Endorsements forming a part of this policy SEE LISTING OF POLICY PROVISIONS AND ENDORSEMENTS FORMING A PART OF THE POLICY AT ISSUE. POLICY NO. 37 UEN QU2335 06112014 Form HS 00 02 06 05 c 2005 The Hartford | 2 |
OLICY NUMBER 37 UEN QU2335 Ly LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEN QU2335 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE HG0001 06 05 COMMERCIAL GENERAL LIABILITY COVERAGE FORM HM9901 11 85 INSTALLMENT PAYMENT PLAN HS9906 06 05 PREMIUM COMPUTATION ENDORSEMENT HC1210 11 85 COMMERCIAL GENERAL LIABILITY SCHEDULE CG0224 10 93 EARLIER NOTICE OF CANCELLATION PROVIDED BY US GN984717 03 12 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT 03 12 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM HC2370 HS9855 01 06 ADJUSTMENT OF TERRORISM CHARGES AT AUDIT HC2137 03 93 ABSOLUTE LEAD EXCLUSION 10 CG2154 01 96 12 12 06 05 EXCLUSION DESIGNATED OPERATIONS COVERED BY CONSOLIDATED WRAP UP INSURANCE PROGRAM EXCLUSION RESIDENTIAL PREMISES EXCEPTION FOR ON GOING OPERATIONS EXCLUSION AIRCRAFT PRODUCTS 11 HS2133 12 HS2150 Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 UEN QU2335 Ly LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEN QU2335 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 13 HS2481 07 13 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS OPTION II 14 CG2010 07 04 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION 15 HS9951 06 05 INDEPENDENT CONTRACTORS ENDORSEMENT 14 CG2010 15 HS9951 16 HS2531 06 05 AMENDMENT PREMIUMS AND PREMIUM AUDIT 17 HS2532 06 08 AMENDMENT OTHER INSURANCE CONDITION 18 HC0097 12 10 AMENDMENT OF EXCLUSIONS AND DEFINITION PERSONAL AND ADVERTISING INJURY 10 01 ABSOLUTE POLLUTION EXCLUSION 19 HC2123 20 HC2183 10 01 ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 21 IL0021 22 HG0068 12 10 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION 06 08 EXCLUSION FUNGI BACTERIA AND VIRUSES 23 HC2190 24 HC2193 12 03 EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 UEN QU2335 Ly LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEN QU2335 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 25 HG2102 02 04 EXCLUSION SILICA 26 IL0017 11 98 COMMON POLICY CONDITIONS 27 HS2537 06 05 AMENDMENT POLICY PERIOD 28 CG0186 12 04 UTAH CHANGES 29 IL0266 09 08 UTAH CHANGES CANCELLATION AND NONRENEWAL 30 IH9940 04 09 U.S. DEPT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS 04 09 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT 31 IH9941 32 HS9948 06 08 IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS PRODUCER COMPENSATION NOTICE 33 G3418 0 Form HS 99 22 06 08 c 2008 The Hartford | 2 |
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 stock insurance company member of The Hartford providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Wl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. d. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. e. Incidental Medical Malpractice 1 Bodily injury arising out of the rendering of or failure to render professional health care services as a physician dentist nurse emergency medical technician or paramedic shall be deemed to be caused by an occurrence but only if a The physician dentist nurse emergency medical technician or paramedic s employed by you to provide such services and b You are not engaged in the business or occupation of providing such services. 3 HG 00 01 06 05 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 18 | 0 |
2 For the purpose of determining the limits of insurance for incidental medical malpractice any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one occurrence. 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 or property damage 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 attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. 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 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Page 2 of 18 HG 00 01 06 05 | 1 |
iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or 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. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons 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 HG 00 01 06 05 Page 3 of 18 | 1 |
4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment or An aircraft that is not owned by any insured and is hired chartered or loaned with a paid crew. However this exception does not apply if the insured has any other insurance for such bodily injury or property damage whether the other insurance is primary excess contingent or on any other basis. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. s G. 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 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill 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 and 4 of this exclusion do not apply to property damage arising from the use of elevators. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to property damage to borrowed equipment while not being used to perform operations at the job site. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 6. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Page 4 of 18 HG 00 01 06 05 | 1 |
n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. 0. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 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. q. Employment Related Practices Bodily injury to 1 A person arising out of any employment related practices or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any employment related practices are directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos 1 Bodily injury or property damage arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Damage To Premises Rented To You Exception For Damage By Fire Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. b c COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. HG 00 01 06 05 Page 5 of 18 | 1 |
2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury arising out of an offense committed by at the direction or with the consent or acquiescence of the insured with the expectation of inflicting personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral written or electronic publication of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liabilif 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. g. 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. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services.. Infringement Of Intellectual Property Rights Personal and advertising injury arising out of any violation of any intellectual property rights such as copyright patent trademark trade name trade secret service mark or other designation of origin or authenticity. However this exclusion does not apply to infringement in your advertisement of 1 Copyright 2 Slogan unless the slogan is also a trademark trade name service mark or other designation of origin or authenticity or 3 Title of any literary or artistic work. j. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 17.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion placing an advertisement for or linking to others on your web site by itself is not considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. 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 metatags or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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. 2 Page 6 of 18 HG 00 01 06 05 | 1 |
o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Personal and advertising injury arising out of 1 An advertisement for others on your web site 2 Placing a link to a web site of others on your web site 3 Content including information sounds text graphics or images from a web site of others displayed within a frame or border on your web site or 4 Computer code software or programming used to enable a Your web site or b The presentation or functionality of an advertisement or other content on your web site. q. Right Of Privacy Created By Statute Personal and advertising injury arising out of the violation of a person s right of privacy created by any state or federal act. However this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act.. Violation Of Anti Trust law Personal and advertising injury arising out of a violation of any anti trust law. s. Securities Personal and advertising injury arising out of the fluctuation in price or value of any stocks bonds or other securities. Discrimination Or Humiliation Personal and advertising injury arising out of discrimination or humiliation committed by or at the direction of any executive officer director stockholder partner or member of the insured. u. Employment Related Practices Personal and advertising injury to 1 A person arising out of any employment related practices 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 employment related practices are directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos 1 Personal and advertising injury arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. b c 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 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within three years of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. 3 HG 00 01 06 05 Page 7 of 18 | 1 |
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee Page 8 of 18 HG 00 01 06 05 | 1 |
necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Employees and Volunteer workers Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or that 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 Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services Paragraph d does not apply to any nurse emergency medical technician or paramedic employed by you to provide such 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. Real Estate Manager Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property 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. Legal Representative If You Die Your legal representative if you die but only with respect to duties as such. That representative will c HG 00 01 06 05 Page 9 of 18 | 1 |
have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof of yours which is a legally incorporated entity of which you own a financial interest of more than 50 of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock 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 180th 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. 4. Mobile Equipment With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the watercraft and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person operating the watercraft or Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By Written Contract Written Agreement Or Permit The following persons or organizations are an additional insured when you have agreed in a written contract written agreement or because of a permit issued by a state or political subdivision that such person or organization be added as an additional insured on your policy provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any persons or organizations referred to below as vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business and only if this Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. 1 The insurance afforded the vendor is subject to the following additional exclusions This insurance does not apply to a Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. 1l psidiary thereof of yours orated entity of which you of more than 50 of the tive date of the Coverage herein for any subsidiary erage Part as a named to injury or damage with ured under this Coverage under another policy or der such policy but for its austion of its limits of Organization acquire or form other than Page 10 of 18 HG 00 01 06 05 | 1 |
b Any express warranty unauthorized by you c Any physical or chemical change in the product made intentionally by the vendor d Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to i The exceptions contained in Sub paragraphs d or f or ii Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. h 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. b. Lessors of Equipment 1 Any person or organization from whom you 2 lease equipment but only with respect to their liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises but only with respect to liability arising out of the ownership maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply This insurance does not apply to 1. Any occurrence which takes place after you cease to lease that land or 2. Structural alterations new construction or demolition operations performed by or on behalf of such person or organization. d. Architects Engineers or Surveyors Any architect engineer or surveyor but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In connection with your premises or 2 In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2. Supervisory inspection architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds this insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. HG 00 01 06 05 Page 11 of 18 | 1 |
f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In the performance of your ongoing operations 2 In connection with your premises owned by or rented to you or In connection with your work and included within the products completed operations hazard but only if a The written contract or agreement requires you to provide such coverage to such additional insured and b This Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. With respect to the insurance afforded to these additional insureds this insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section lll Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV Commercial General Liability Conditions. 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 Most We will Pay 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.. General Aggregate Limit 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.. Products Completed Operations Aggregate Limit 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.. Personal and Advertising Injury Limit Subject to 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.. Each Occurrence Limit Subject to 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.. Damage To Premises Rented To You Limit Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire lightning or explosion while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire lightning or explosion the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event whether such damage results from fire lightning or explosion or any combination of these.. Medical Expense Limit Subject to 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.. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 | 1 |
added as an additional insured on your policy the most we will pay on behalf of such additional insured is the lesser of a. The limits of insurance specified in the written contract or written agreement or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. 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. Notice Of Occurrence Or Offense You or any additional insured 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. Notice Of Claim If a claim is made or suit is brought against any insured you or any additional insured must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or suit as soon as practicable. c. Assistance And Cooperation Of The Insured 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 HG 00 01 06 05 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. Obligations At The Insureds Own Cost No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. e. Additional Insureds Other Insurance If we cover a claim or suit under this Coverage Part that may also be covered by other insurance available to an additional insured such additional insured must submit such claim or suit to the other insurer for defense and indemnity. However this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non contributory with the additional insured s own insurance. f. Knowledge Of An Occurrence Offense Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such occurrence offense claim or suit is known to 1 You or any additional insured that is an individual 2 Any partner if you or an additional insured is a partnership 3 Any manager if you or an additional insured is a limited liability company 4 Any executive officer or insurance manager if you or an additional insured is a corporation 5 Any trustee if you or an additional insured is a trust or 6 Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured.. 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 Page 13 of 18 HG 00 01 06 05 | 1 |
7 When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. a Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in c. below. Primary And Non Contributory To Other Insurance When Required By Contract If you have agreed in a written contract written agreement or permit that this insurance is primary and non contributory with the additional insured s own insurance this insurance is primary and we will not seek contribution from that other insurance. b Paragraphs a and b do not apply to other insurance to which the additional insured has been added as an additional insured. 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. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that 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. that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis 1 Your Work That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work Premises Rented To You That is fire lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner Tenant Liability 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 4 Aircraft Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability 5 Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of property damage to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability 6 When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations or products and completed operations for which you have been added as an additional insured by that insurance or 2 Page 14 of 18 HG 00 01 06 05 | 1 |
If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy you agree 1 The statements in the Declarations are accurate and complete 2 Those statements are based upon representations you made to us and 3 We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part we shall not deny coverage under this Coverage Part because of such failure. 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 a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment including Supplementary Payments 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 HG 00 01 06 05 insured will bring suit or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery Waiver Of Subrogation If the insured has waived any rights of recovery against any person or organization for all or part of any payment including Supplementary Payments we have made under this Coverage Part we also waive that right provided the insured waived their rights of recovery against such person or organization in a contract agreement or permit that was executed prior to the injury or damage. 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 the widespread public dissemination of information or images that has the purpose of inducing the sale of goods products or services through a. 1 Radio 2 Television 3 Billboard 4 Magazint 5 Newspaper or b. Any other publication that is given widespread public distribution. However advertisement does not include a. The design printed material information or images contained in on or upon the packaging or labeling of any goods or products or b. An interactive conversation between or among persons through a computer network. 2. Advertising idea means any idea for an advertisement. 3. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. 5. Bodily injury means physical a. Injury b. Sickness or c. Disease sustained by a person and if arising out of the above mental anguish or death at any time. Page 15 of 18 ions are accurate based upon s and eliance upon your e Hazards to disclose all of your business of this Coverage rage under this ilure. o Inst viners 10 HG 00 01 06 05 | 1 |
6. 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 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 a. above The activities of a person whose home is in the territory described in 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 the United States of America including its territories and possessions Puerto Rico or Canada in a suit on the merits according to the substantive law in such territory or in a settlement we agree to. 7. Employee includes a leased worker. Employee does not include a temporary worker. 8. Employment Related Practices means a. Refusal to employ a person b. Termination of a person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at a person. 9. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 10.Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be..Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 12.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 lightning or explosion to premises while 2 3 1 Page 16 of 18 rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section lll Limits of Insurance b. A sidetrack agreement c. Any easement or license agreement including an easement or license agreement 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 f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement 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. However Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1 above and supervisory inspection architectural or engineering activities. 13.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. 14.Loading or unloading means the handling of property a. After itis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto HG 00 01 06 05 Page 16 of 18 | 1 |
15. c.. While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. f. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads. Vehicles whether self propelled or not maintained primarily mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers to provide mobility to permanently. Vehicles not described in 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 a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment of at least 1000 pounds gross vehicle weight designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 16.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 17.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral written or electronic publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral written or electronic publication of material that violates a person s right of privacy. Copying in your advertisement a person s or organization s idea or advertisement advertising style of. Infringement of copyright slogan or title of any literary or artistic work in your advertisement or. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18.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. 19.Products completed operations hazard Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work wil 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. b c nclude the mechanical attached to wing types achinery or and other off public or next to maintained ermanently diggers or equipment above that PR. HG 00 01 06 05 Page 17 of 18 | 1 |
b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 20.Property damage means 2 a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. As used in this definition computerized or electronically stored data programs or software are not tangible property. Electronic data means information facts or programs a. Stored as or on b. Created or used on or c. Transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment..Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22.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. 23.Volunteer worker means a person who a. Is not your employee b. Donates his or her work c. Acts at the direction of and within the scope of duties determined by you and d. Is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 24.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 HG 00 01 06 05 | 1 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PAYMENTPLAN We and you agree that you will pay the premium in installments as shown below Date Premium Date Premium 612014 4290 Form HM 99 01 11 85 T Printed in U.S.A. | 2 |
POLICY NUMBER 37 UEN QU2335 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1 The Advance Premium set forth in Item 2. of the Declarations is adjustable and is only an estimated premium for the Audit Period set forth in Item 1. of the Declarations. The final earned premium for the Audit Period shall be determined as specified in paragraph b. of the Premium Audit Condition Section IV. The Audit Premium referred to in such paragraph b. shall be computed by applying the Rate of 4.2480 per 1000 of the Premium Base identified in 2 below. Such Rate is net of any taxes licenses or fees. 2 The Premium Base shall be identified in A and B below A PREMIUM BASE Gross Sales excluding aircraft products intercompany sales and foreign sales. Payroll as determined immediately below Gross Unmodified Payroll Workers Compensation Payroll Workers Compensation Payroll excluding 1 Clerical Office Employees 2 Salesmen Collectors Messengers 3 Drivers and their helpers if principal duties are to work on or in connection with autos. x Other Describe 10121 cost POLICY NUMBER 37 UEN QU2335 B SPECIFIC DELETIONS FROM PREMIUM BASE IF ANY Designated Products described in the following endorsements Designated Operations described in the following endorsements T Other described in the following endorsements Form HS 99 06 06 05 Page 1 of 2 c 2005 The Hartford | 2 |
3 As used in this endorsement the following additional definitions apply Aircraft includes but is not limited to heavier than air flying vehicles helicopters gliders missiles or spacecraft. Aircraft products means aircraft and any other goods or products manufactured sold handled or distributed or services provided or recommended by the insured or by others trading under his or her name for use in the manufacture repair operation maintenance or use of any aircraft. Aircraft products includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of aircraft products and b. The providing of or failure to provide warnings or instructions. Clerical Office Employees means those employees who work in an area which is physically separated by walls floors or partitions from all your other work areas and whose duties are strictly limited to keeping your books or records or conducting correspondence including any other employees engaged in clerical work in the same area. Foreign Sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales which directly emanate from the sale of your product sold for use or consumption outside the United States of America its territories or possessions or Canada. Intercompany sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales between you and any other organization covered under this policy over which you maintain ownership or majority interest in. Payroll means remuneration. Remuneration means money or substitute for money. Sales means the gross amount charged by the Named Insured concessionaires of the Named Insured or by others trading under the insured s name for a All goods or products sold or distributed b Operations performed or c Rentals during the Audit Period set forth in Item 3. of the Declarations The following items shall be deducted from sales a Sales or excise taxes which are collected and submitted to a governmental division b Credits for repossessed merchandise and products returned and allowance for damaged and spoiled goods c Finance charges for items sold on installments d Freight charges on sales if freight is charged as a separate item on customer s invoice and e Royalty income from patent rights or copyrights which are not product sales. Salesmen collectors and messengers means those employees engaged principally in any such duties away from the Named Insured s premises. Workers Compensation Payroll means payroll developed in accordance with the applicable Workers Compensation manual. Page 2 of 2 Form HS 99 06 06 05 | 2 |
Tue y HARTFORD COMMERCIAL GENERAL LIABILITY SCHEDULE Tue g HARTFORD Policy Number 37 UEN QuU2335 This Schedule Forms a part of the coMMERCTIAL GENERAL LIABILITY Coverage Part. Entries herein except as specifically provided elsewhere in this policy do not modify any of the other provisions of this policy. Rating Classifications Code No. Premium Basis Rate Premium PREMISES OPERATIONS 98550 1000000 4.2480 4248 PRODUCTS COMPLETED OPS INCLUDED TERRORISM CHARGE 1.0000 42 COMPOSITE RATED PER 1000.00 OF TOTAL COST MINIMUM PREMIUM OF 3398.00 WILL APPLY ADVANCE PREMIUM 4290 Form HC 12 10 11 85 Printed in U.S.A. c22o0U 1000000 1.0000 COMPOSITE RATED PER 1000.00 OF TOTAL COST MINIMUM PREMIUM OF 3398.00 WILL APPLY Form HC 1210 11 85 Printed in U.S.A. | 2 |
COMMERCIAL GENERAL LIABILITY CG 02241093 Policy Number 37 UEN QuU2335 CG 02241093 Effective Date 06012014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CG 02241093 Copyright Insurance Services Office Inc. 1992 | 2 |
Policy Number 37 ypy qu233s Effective Date 06012014 Named Insured and Address yor HDR GLOBAL DESIGN CONSULTANTS LLC 4501 SOUTH 2700 WEST SALT LAKE CITY UT 84114 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT We have previously notified you that in accordance with the federal Terrorism Risk Insurance Act as amended TRIA we must make terrorism coverage available in the policies we offer. A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 8. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. At that time we advised you that the premium for such terrorism coverage would be 42 Please be advised that this premium charge may be adjusted at audit if applicable. As a result of our notification you have made the following election Accepted Terrorism Coverage x Rejected Terrorism Coverage Form GN 98 47 17 ED. 0312 Page 1 of 2 2012 The Hartford | 2 |
TERRORISM EXCLUSION ON YOUR BINDER AND OR POLICY AND ITS RENEWALS If the Rejected Terrorism Coverage box above is checked you have previously rejected such coverage by signing a written rejection statement and returning such document to us. By doing so you authorized the attachment of terrorism exclusions to your binder andor policy and to all subsequent renewals. Unless you contact your agent broker or representative and accept coverage prior to the inception of your renewal policy the terrorism exclusions will apply to all subsequent renewals. Page 2 of 2 Form GN 98 47 17 ED. 0312 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM EDUCATORS LEGAL LIABILITY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART LIBRARY ERRORS AND OMISSIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTER S ERRORS AND OMISSIONS LIABILITY COVERAGE FORM PRODUCT RECALL EXPENSE COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION A. A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. 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. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. The terms and limitations of any terrorism exclusion or the inapplicability or omissions of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the War Exclusion. Form HC 23 70 03 12 Page 1 of 1 2012 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ICY NUMBER 37 UEN QU2335 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADJUSTMENT OF TERRORISM CHARGES AT AUDIT POLICY NUMBER 37 UEN QU2335 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Itis agreed that The premium set forth in your policy on your declarations page or any separate endorsement for Certified Acts of Terrorism is a preliminary premium based on your original premium and will be recomputed and adjusted by applying a charge of 1.00 to the premium computed at your final audit. The addition of this terrorism charge will result in your final audited premium. Form HS 98 55 01 06 Page 1 0of 1 c 2006 The Hartford | 2 |
COMMERCIAL GENERAL LIABILITY d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART FARM LIABILITY COVERAGE This insurance does not apply to any damages judgments settlements loss costs or expenses that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to person or property which arises out of or would not have occurred in whole or in part but for the lead hazard or b. Arise out of any request demand or order to 1. Identify abate test for sample monitor clean up remove cover contain treat detoxify decontaminate neutralize or mitigate or in any way respond to or assess the effects of the lead hazard or As a result of such effects repair replace or improve any property. c. Arise out of any claim or any suit for damages because of 1. 2. Identification of abatement of testing for sampling monitoring cleaning up removing covering containing treating detoxifying decontaminating neutralizing or mitigating or in any way responding to or assessing the effects of the lead hazard or As a result of such effects repairing replacing or improving any property. As used in this exclusion lead hazard means an exposure or threat of exposure to the actual or alleged properties of lead and includes the mere presence or suspected presence of lead in any form or combination. Form HC 21 37 03 93 1993 The Hartford | 2 |
POLICY NUMBER 37 UEN QU2335 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operations ANY CONSTRUCTION OR MAINTENANCE PROJECT WHEREVER LOCATED THAT IS INSURED UNDER A 1. WRAP UP RATING PLAN 2. OWNER CONTROLLED INSURANCE PROGRAM 0.C.I.P OR 3. CONTRACTOR CONTROLLED INSURANCE PROGRAM C.C.I.P. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the Schedule of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 provides coverage identical to that provided by this Coverage Part 2 has limits adequate to cover all claims or 3 remains in effect. CG 2154 01 96 Copyright Insurance Services Office Inc. 1994 | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION RESIDENTIAL PREMISES EXCEPTION FOR ON GOING OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART SCHEDULE Locations Projects This exclusion does not apply to residential premises at locations or projects described in the schedule above. If no entry appears above this exclusion applies to all locations or projects. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or in any way related to premises if those premises in whole or in any part are or were at any time marketed sold occupied or used as residential premises. Residential premises include but are not limited to 1. Condominiums cooperatives dwellings homes houses townhomes or townhouses timeshares and mixed use buildings and 2. Appurtenant common areas structures facilities and grounds associated with the residential premises. Residential premises also include any conversion of property to or from any of the residential premises described above. Residential premises do not include nursing homes assisted living facilities hospitals dormitories jails prisons military housing apartment buildings hotels or motels provided that any such premises in whole or in any part are or were not at any time marketed sold occupied or used as condominiums cooperatives dwellings homes houses townhomes or townhouses timeshares or mixed use buildings. For the purposes of this endorsement mixed use buildings means any structures and improvements thereto which contain both i residential living space and ii commercial or industrial space. This exclusion does not apply to bodily injury property damage or personal and advertising injury arising out of on going operations performed by you or on your behalf. This insurance is excess over any other valid and collectible insurance including any deductible portion thereof available to the insured whether primary excess contingent or on any other basis. Form HS 21331212 Page 1 of 1 2012 The Hartford | 2 |
ICY NUMBER 37 UEN QU2335 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER 37 UEN QU2335 EXCLUSION AIRCRAFT PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. This insurance does not apply to 1. Bodily injury or property damage included in the products completed operations hazard and arising out of the design manufacture sale handling or distribution of aircraft products or reliance upon any representation or warranty made with respect thereto or to any liability arising out of the grounding of any aircraft or Liability assumed by you under any contract or agreement if such liability arises out of aircraft products designed manufactured sold handled or distributed by you or by others trading under your name. B. The following definitions are added to Section V Definitions 1. Aircraft includes but is not limited to heavier than air flying vehicles helicopters gliders missiles or spacecraft. Aircraft products means aircraft and any other goods or products manufactured sold handled or distributed or services provided or recommended by the insured or by others trading under his or her name for use in the manufacture repair operation maintenance or use of any aircraft. Aircraft products includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of aircraft products and b. The providing of or failure to provide warnings or instructions. 3. Grounding means a. The withdrawal of one or more aircraft from flight operations or b. The imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof 1 Sold handled or distributed by the insured or 2 Manufactured assembled or processed by any other person or organization a According to specifications plans suggestions orders or drawings of the insured or b With tools machinery or other equipment furnished to such persons or organizations by the insured Whether such aircraft so withdrawn or restricted are owned or operated by the same or different person or organizations. Form HS 21 50 06 05 Page 1 of 1 c 2005 The Hartford | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS OPTION I This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Designated Projects Or Locations Of Covered Operations IALL ALL Information required to complete this Schedule if not shown above will be shown in the Declarations. A. With respect to those persons or organizations shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them Subparagraph f. Any Other Party under the Additional Insureds When Required By Written Contract Written Agreement Or Permit Paragraph of Section Il Who Is An Insured is replaced with the following f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. but only with respect to liability for bodily injury property damage or personal and advertising injury caused by 1 Your acts or omissions or the acts or omissions of those acting on your behalf a In the performance of your ongoing operations for such additional insured at the projects or locations designated in the Schedule b In connection with your premises owned by or rented to you and shown Form HS 24 8107 13 in the Schedule or c In connection with your work for the additional insured at the projects or locations designated in the Schedule and included within the products completed operations hazard but only if i The written contract or agreement requires you to provide such coverage to such additional insured at the projects or locations designated in the Schedule and This Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard or 2 The acts or omissions of the additional insured in connection with their general supervision of your operations at the projects or locations designated in the Schedule. i Page 1 of 2 2013 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The insurance afforded to the additional insured shown in the Schedule applies 1 Only if the bodily injury or property damage occurs or the personal and advertising injury offense is committed a During the policy period and b Subsequent to the execution of such written contract or written agreement and c Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. 2 Only to the extent permitted by law and 3 Will not be broader than that which you are required by the written contract or agreement to provide for such additional insured. With respect to the insurance afforded to the persons or organizations that are additional insureds under this endorsement the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders designs or specifications or 2 Supervisory inspection engineering activities. The limits of insurance that apply to the additional insured shown in the schedule are described in the Limits Of Insurance section. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV Commercial General Liability Conditions except as otherwise amended below. B. With respect to insurance provided to the persons or organizations that are additional insureds under this endorsement the When You Add Others As An Additional Insured To This Insurance subparagraph under the Other Insurance Condition of Section IV Commercial General Liability Conditions is replaced with the following architectural or When You Add Others As An Additional Insured To This Insurance a Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in Paragraph c below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. Primary And Non Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that i The additional insured in the Schedule is a Named Insured under such other insurance and i You have agreed in a written contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. c pnethod 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. All other terms and conditions in the policy remain unchanged. b Page 2 of 2 Form HS 24 8107 13 | 2 |
COMMERCIAL GENERAL LIABILITY CG 201007 04 Policy Number 37 UEN Qu2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations UTAH DOT AND STATE OF UTAH UTAH Locations Of Covered Operations UTAH Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1 Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2 That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than an other contractor or subcontractor en gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 c ISO Properties Inc. 2004 Page 1 0of 1 | 2 |
ICY NUMBER 37 UEN QU2335 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDEPENDENT CONTRACTORS ENDORSEMENT POLICY NUMBER 37 UEN QU2335 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added to Conditions Section IV. Independent Contractors You shall obtain Certificates of Insurance from all independent Contractors or sub contractors providing evidence of General Liability insurance coverage with limits at least equal to that afforded by this policy. Such Certificates of Insurance shall also specify that you are named as an additional insured under their policy as respects to work for which you have engaged their services. Failure to comply with these conditions does not alter the coverage provided by this policy. However should you fail to comply independent contractors will be considered your employees and a premium charge will be made accordingly. The entire cost of all work sublet will be used as the premium basis for the work performed. Form HS 99 51 06 05 c 2005 The Hartford Page 1 0of 1 | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT PREMIUMS AND PREMIUM AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following is added to the Premiums Common Policy Condition The Minimum Retained Premium stated in the Declarations shall be considered as fully earned at the inception of the policy. In the event of cancellation by the first Named Insured we shall be entitled to retain any Minimum Retained Premium stated in the applicable Coverage Part Declarations. B. The following is added to the Premium Audit Condition If the Advance Premium set forth in the applicable Coverage Part Declarations is adjustable such Advance Premium is an estimated premium for the Audit Period set forth in the Declarations. At the end of such Audit Period we will compute any applicable Audit Premium. Then 1 Audit Premium which is greater than the paid Advance Premium is due and payable by the first Named Insured upon notice or 2 Paid Advance Premium which is greater than Audit Premium will be refunded to the first Named Insured subject to any Minimum Retained Audit Premium or Minimum Retained Premium set forth in the Declarations whichever of 1 or 2 applies. Form HS 25 31 06 05 Page 10of 1 c 2005 The Hartford | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERICIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 4. the Other Insurance Condition Section IV Commercial General Liability Conditions is replaced by the following 4. Other Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis except when purchased specifically to apply in excess of this insurance. If this insurance is excess we will have no duty under this Coverage Part 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. If 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 damages in the absence of this insurance and b. The total of all deductible and self insured amounts under all that other insurance. Paragraph 2.e. of Section IV Commercial General Liability Conditions is replaced by the following Ad If we cover a claim or suit under this Coverage Part that may also be covered by other insurance available to an additional insured such additional insured must submit such claim or suit to the other insurer for defense and indemnity. ional Insureds Other Insurance Form HS 25 32 06 08 Page 1 of 1 2008 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured and Mailing Address Policy Period Description of Business and Location Coverages and Limits of Insurance Beginning on Page SECTION COVERAGES Coverage A Insuring Agreement Bodily Injury and Property Exclusions...... Damage Liability Coverage B Insuring Agreement Personal and Advertising Exclusions....... 6 Injury Liability Coverage C Insuring Agreement.7 Medical Payments Exclusions 8 Supplementary Payments Coverages A And B... 8 SECTION Il WHO IS AN INSURED... 9 SECTION Iil LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. Bankruptcy Duties in The Event Of Occurrence Offense Claim or Suit Legal Action Against Us. Other Insurance Premium Audit. Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS COMMON POLICY CONDITIONS Cancellation Changes Examination of Your Books and Records Inspections and Surveys Premiums Transfer of Your Rights and Duties under this Policy ENDORSEMENTS These form numbers are shown on the Coverage Part Declarations Page or on the Common Policy Declarations Page. Form HC 70 01 06 05 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EXCLUSIONS AND DEFINITION PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusions i. j. t. and u. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability are replaced by the following Infringement Of Intellectual Property Rights 1 Personal and advertising injury arising out of any actual or alleged infringement or violation of any intellectual property right such as copyright patent trademark trade name trade secret service mark or other designation of origin or authenticity or Any injury or damage alleged in any clam or suit that also alleges an infringement or violation of any intellectual property right whether such allegation of infringement or violation is made by you or by any other party involved in the claim or suit regardless of whether this insurance would otherwise apply. However this exclusion does not apply if the only allegation in the claim or suit involving any intellectual property right is limited to 1 Infringement in your advertisement of a Copyright b Slogan or c Title of any literary or artistic 2 work or 2 Copying in your advertisement a person s or organization s advertising idea or style of advertisement. A Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs a. b. and c. of the definition 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. Discrimination Personal and advertising injury arising out of discrimination committed by or at your direction or the direction of any partner member manager executive officer director stockholder or trustee of the insured. Form HC 00 97 12 10 Page 1 of 2 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
u. Employment Related Practices Personal and advertising injury to 1 A person arising out of any employment related practices 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 employment related practices are directed. This exclusion applies a Whether the injury causing event described in the definiton of employment related practices occurs before employment during employment or after employment of that person 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. b c B. Paragraphs c. and h. of the definition of personal and advertising injury in the Definitions Section are replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner landlord or lessor h. Discrimination that results in humiliation or other injury to the feelings or reputation of a natural person. Page 2 of 2 Form HC 00 97 1210 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. It is agreed that Exclusion f. is replaced by the e To the extent that any such bodily injury following or property damage is included in the 1. 1Bodily injury or property damage arising products completed operations hazard. 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 b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible 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 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. B. The last paragraph of Section Coverage A after the exclusions is replaced by the following Exclusions c. through e. and g. through n. do not apply to damage by fire lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. Form HC 212310 01 Page 1 0of 1 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number 37 UEN QuU2335 Effective Date 06012014 Named Insured and Address 1yor1pR GLOBAL DESIGN CONSULTANTS LLC 4501 SOUTH 2700 WEST.. 20 Endt. No. 20 SALT LAKE CITY UT 84114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Subparagraph f. 1d of the Absolute Pollution Exclusion Form HC 21 23 is replaced by the following d Atorfrom any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations. However this subparagraph does not apply to 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 i Escape from a vehicle part designed to hold store or receive them and i Are brought on or to the premise site or location in connection with such operations by such insured contractor or subcontractor. This exception does not apply if the bodily injury or property damage arises out of 1 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 dispensed or release as part of the operations being performed by such insured contractor or subcontractor. 2 Operations directly or indirectly involved with or related to testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants or Page 10of 1 form HC 21 83 10 01 Page 10f 1 c 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVI RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of 2 America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 2 ERAGE PART C. Under any Liability or property d hazardous propert 1 The nuclear mz facility owned behalf of an discharged or di 2 The nuclear spent fuel possessed he stored transpor behalf of an ins The bodily inj arises out of the of services mat connection with maintenance nuclear facility located within tr its territories or exclusion 3 damage to suc property thereat 3. As used in this endorse Hazardous properties or explosive properties Nuclear material 1 special nuclear materi C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to 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 a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. 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. 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 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 a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. 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. Form HG 00 68 12 10 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FUNGI BACTERIA AND VIRUSES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART EDUCATORS LEGAL LIABILITY COVERAGE FORM CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM This insurance does not apply to 1. Injury or damage arising out of or related to the presence of suspected presence of or exposure to a. Fungi including but not limited to mold mildew and yeast b. Bacteria c. Viruses or d. Dust spores odors particulates or byproducts including but not limited to mycotoxins and endotoxins resulting from any of the organisms listed in a. b. or c. above from any source whatsoever. 2. Any loss cost or expense arising out of the testing for monitoring of cleaning up of removal of containment of treatment of detoxification of neutralization of remediation of disposal of or any other response to or assessment of the effects of any of the items in 1.a. b. c. or d. above from any source whatsoever. However this exclusion does not apply to bodily injury or property damage caused by the ingestion of food. Form HC 21 90 06 08 Page 10f 1 2008 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. This insurance does not apply to any type of injury composed of but not limited to the following damages judgments settlements loss costs or materials or components expenses arising out of 1. A rigid or semi rigid insulation board made of 1. The application construction design expanded polystyrene or other materials applied distribution fabrication installation by adhesive or mechanical fasteners directly to maintenance manufacturing service a building s exterior sheathing materials or to a inspection repair or replacement of any weather resistive barrier Exterior Insulation and Finish System or 2. A reinforced base coat and 2. Any flashing caulking or sealants used with or 3. Afinish coat providing surface texture and color. affecting the Exterior Insulation and Finish Such system may or may not have a component System. 4. designed to channel water intrusion to the outside of B. For the purposes of this endorsement Exterior the siding system. Insulation and Finish System commonly referred to as EIFS synthetic stucco or by any other name means a multi lamina exterior building siding system composed of but not limited to the following materials or components 1. A rigid or semi rigid insulation board made of expanded polystyrene or other materials applied by adhesive or mechanical fasteners directly to a building s exterior sheathing materials or to a weather resistive barrier 2. Areinforced base coat and 3. Afinish coat providing surface texture and color. Such system may or may not have a component designed to channel water intrusion to the outside of the siding system. Form HC 21 93 12 03 Page 1 of 1 2003 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number 37 UEN Qu2335 Effective Date 06012014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM EDUCATORS LEGAL LIABILITY COVERAGE FORM EMPLOYERS LIABILITY AND STOP GAP COVERAGE FORM ERRORS AND OMISSIONS LIABILITY COVERAGE FORM MANUFACTURERS ERRORS AND OMISSIONS 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 SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION A. The following exclusion is added This insurance does not apply to Silica Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the silica hazard. B. The following is added to the Definitions Section Silica hazard means an exposure to inhalation of or contact with or threat of exposure to inhalation of or contact with the actual or alleged properties of silica or any silica containing materials and includes the mere presence of silica or any silica containing materials in any form. Silica includes all forms of the compound silicon dioxide including but not limited to quartz. HG 21 02 02 04 c 2004 The Hartford Page 1 of 1 | 2 |
COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. IL0017 11 98 Copyright Insurance C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. Copyright Insurance Services Office Inc. 1998 Page 1 of 2 | 2 |
E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Our President and Secretary have signed this policy. Where required by law the Declarations page has also been countersigned by our duly authorized representative. mmmmmmmmmmmmmmm losz. oo Andr A. Napoli President Page 2 of 2 IL0017 11 98 | 2 |
POLICY NUMBER 37 UEN QU2335 LICY NUMBER 37 UEN QU2335 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT POLICY PERIOD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. ltis hereby agreed that policy period wherever it appears in the Coverage Part means the following Policy period means the period beginning with the inception date shown in the Common Policy Declarations and ending with the earlier of 1. The date of cancellation of this Coverage Part or 2. The expiration date shown in the Common Policy Declarations. B. The last paragraph of Section lll Limits of Insurance is deleted and replaced by the following The Limits of Insurance of this Coverage Part apply separately to each policy period starting with the beginning of the policy period. If the policy period is extended after issuance for an additional period such additional period will be deemed part of the policy period for purposes of determining the Limits of Insurance. C. If any deductible applies to this Coverage Part the deductible will apply in the same manner as the Limits of Insurance in paragraph B. above. Form HS 25 37 06 05 Page 10of 1 c 2005 The Hartford | 2 |
COMMERCIAL GENERAL LIABILITY CG 01861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Any Condition titled Duties In the Event of An Electronic Data Incident Duties in the Event of Occurrence Offense Claim or Suit Duties in the Event of Occurrence Claim or Suit Duties in the Event of Injury Claim or Suit Duties in the Event of A Pollution Incident Claim or Suit Duties In the Event of A Claim Or Suit Or A Defect Or Product Withdrawal Insured s Duties in the Event of a Loss Duties in the Event of An Underground Storage Tank Incident requiring notice to us is amended to include Notice to our authorized representative is notice to us. B. The Legal Action Against Us Condition does not apply. CG 01861204 IS0 Properties Inc. 2003 Page 1 0of 1 | 2 |
IL 02 66 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART A. The following is added to the Cancellation Common Policy Condition provisions to the contrary 7. If this policy has been in effect for more than NONRENEWAL 60 days or if this is a renewal of a policy we 1. If we elect to not renew this policy we will B. The following is added and supersedes any IL 02 66 09 08 issued we may cancel this policy only for one or more of the following reasons a Nonpayment of premium b Material misrepresentation c Substantial change in the risk assumed mail by first class mail written notice of nonrenewal to the first Named Insured at the last mailing address known to us at least 30 days before the expiration or anniversary date of the policy. We need not mail this notice if unless we should reasonably have foreseen the change or contemplated the a. You have accepted replacement coverage risk when entering the contract or b. You have requested or agreed to d Substantial breaches of contractual duties nonrenewal or conditions or warranties. c. This policy is expressly designated as If we cancel for nonpayment of premium nonrenewable. notice of cancellation must state the reason for 3. If notice is mailed proof of mailing is sufficient cancellation. With respect to the Commercial Automobile Coverage Part the following applies in addition to the provisions of Paragraph 7. above We may cancel this policy if your driver s license or the driver s license of a person who customarily drives a covered auto is suspended or revoked. Notice of cancellation must be delivered or mailed by first class mail. S0 Properties Inc. 2007 proof of notice. Page 1 of 1 S0 Properties Inc. 2007 Page 1 of 1 | 2 |
THE g HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THE g HARTFORD Named Insured FLUOR HDR GLOBAL DESIGN CONSULTANTS LLC Policy Number 37 uen QU2335 Effective Date 06012014 Expiration Date 06012015 Company Name HARTFORD FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS ARKANSAS DISTRICT OF COLUMBIA FLORIDA KENTUCKY LOUISIANA MAINE NEW JERSEY NEW MEXICO PENNSYLVANIA TENNESSEE VIRGINIA AND WEST VIRGINIA APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. NOTE IN LOUISIANA MAINE TENNESSEE VIRGINA AND THE DISTRICT OF COLUMBIA PENALTIES MAY ALSO INCLUDE THE DENIAL OF INSURANCE BENEFITS. COLORADO APPLICANTS IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT FINES AND DENIAL OF INSURANCE AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO A POLICY HOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICY HOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AGENCIES. HAWAII APPLICANTS FOR YOUR PROTECTION HAWAII LAW REQUIRES YOU TO BE INFORMED THAT PRESENTING A FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT IS A CRIME PUNISHABLE BY FINES OR IMPRISONMENT OR BOTH. MARYLAND ANY PERSON WHO KNOWINGLY AND WILLFULLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY AND WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. NEW YORK APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT WHICH IS A CRIME AND SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR SUCH VIOLATION. OHIO APPLICANTS ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Form HS 99 48 06 08 Page 1 of 2 2008 The Hartford | 2 |
OKLAHOMA APPLICANTS WARNING ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE DEFRAUD OR DECEIVE ANY INSURER MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY. OREGON APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD OR SOLICIT ANOTHER TO DEFRAUD AN INSURER 1 BY SUBMITTING AN APPLICATION OR 2 FILING A CLAIM CONTAINING A FALSE STATEMENT AS TO ANY MATERIAL FACT MAY BE VIOLATING STATE LAW. Form HS 99 48 06 08 Page 2 of 2 | 2 |
THE V HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
GLOBAL AEROSPACE. Midwest Regional Office 311 S. Wacker Drive Suite 2360 Chicago Illinois 60606 Tel 312 429 3170 Claims Contact David Nelson Tel 312 429 3190 24 Hour Claims Support Tel 312 429 3170 Southeast Regional Office 3399 Peachtree Road NE Suite 1100 Atlanta Georgia 30326 Tel 404 262 3335 Claims Contact Kevin Twiss Tel 404 364 2457 24 Hour Claims Support Tel 404 262 3335 Northeast Regional Office One Sylvan Way Parsippany New Jersey 07054 Tel 973 490 8500 Claims Contact Tom Kopacz Tel 973 490 8610 24 Hour Claims Support Tel 973 490 8500 Southwest Regional Office 12400 Coit Road Suite 1250 Dallas Texas 75251 Tel 972 980 9988 Claims Contact Greg Harper Tel 972 455 3945 24 Hour Claims Support Tel 972 980 9988 West Coast Regional Office 21650 Oxnard Street Suite 1550 Woodland Hills California 91367 Tel 818 883 4100 Claims Contact Adam Martz Tel 818 883 9502 24 Hour Claims Support Tel 818 883 4100 | 2 |
AVIATION GROUND OPERATIONS LIABILITY INSURANCE THROUGH GLOBAL AEROSPACE INC. US HOME OFFICE REGIONAL OFFICE ONE SYLVAN WAY PARSIPPANY NJ 07054 3399 Peachtree Road NE Suite 1100 Atlanta GA 30326 404 262 3335 FOR SONIC FINANCIAL CORPORATION ARRANGED BY LOCKTON COMPANIES LLC. 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 AGLC December 12013 | 2 |
GUIDE TO THE PROVISIONS OF YOUR POLICY This guide has been prepared to help you in reading your policy. It is not a part of the policy nor does it make reference to all the provisions which might affect your insurance. You are therefore urged to read the entire policy carefully. DECLARATIONS PAGE Named Insured Policy Period Limits of Insurance Location of Aviation Premises Form of Business Policy Premium SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE C MEDICAL PAYMENTS COVERAGE D HANGARKEEPERS LIABILITY SUPPLEMENTARY PAYMENTS COVERAGE A B AND D SECTION II GENERAL POLICY EXCLUSIONS WAR HI JACKING AND OTHER PERILS ELECTRONIC DATE RECOGNITION NUCLEAR RISKS ASBESTOS NOISE POLLUTION AND OTHER PERILS EMPLOYMENT RELATED PRACTICES TRADE OR ECONOMIC SANCTIONS AND CONFORMITY WITH LAW SECTION III WHO IS AN INSURED SECTION IV LIMITS OF INSURANCE Page 1 of 2 AGLG December 1 2013 | 2 |
SECTION V POLICY CONDITIONS Conformity With Law Titles of Paragraphs Representations Premiums Changes Cancellation Transfer of Your Rights and Duties Under This Policy Bankruptcy Legal Action Against Us Transfer of Rights of Recovery Against Others To Us Separation of Insureds Duties in the Event of Occurrence Offense Loss of or Physical Injury to Aircraft Claim or Suit Inspections and Surveys Examination of Your Books and Records Premium Audit Other Insurance SECTION VI DEFINITIONS nan nan nan nan 22.0 ENDORSEMENTS Page 20f 2 AGLG December 1 2013 | 2 |
AVIATION GROUND OPERATIONS LIABILITY INSURANCE POLICY POLICY NUMBER 15000751 DECLARATIONS The insurance afforded by this policy is provided by separate insurers described below and hereinafter referred to as we us or our. The liability of these insurers is several and not joint and is specifically set out below. THE INSURERS American Alternative Insurance Corporation American Commerce Insurance Company Mitsui Sumitomo Insurance Company of America National Indemnity Company Tokio Marine America Insurance Company Wilmington Delaware Columbus Ohio New York New York Omaha Nebraska New York New York 44.960 10.000 9.280 23.390 12.370 Ttem 1. Named Insured and Address SONIC FINANCIAL CORPORATION P.O. BOX 18747 CHARLOTTE NC 28218 Item 2. Policy Period From August 30 2015 To August 30 2018 At 1201 AM local time at your mailing address shown under Item 1. AGLD December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page i of iii | 2 |
DECLARATIONS OF POLICY NUMBER 15000751 Continued Item 3. In return for payment of the premium and subject to all of the terms of the policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE 100000000 You Limit 1000000 1e Person 50000 regate Limit 25000000 Each Occurrence Limit Damage to Premises Rented to You Limit Medical Expense Limit Any One Person Personal and Advertising Injury Aggregate Limit General Aggregate Limit Other than Products Completed Operations and Hangarkeepers Products Completed Operations Aggregate Limit Hangarkeepers Each Accident Limit Hangarkeepers Each Aircraft Limit Not Applicable Not Covered Not Covered Not Covered Deductibles if any will be described in an endorsement entitled DEDUCTIBLES. Item 4. Location of aviation premises you own rent or occupy Atlanta Motor Speedway Helipad Atlanta GA Texas Motor Speedway Helipad Ft. Worth TX Bristol Motor Speedway Helipad Bristol TN Las Vegas Motor Speedway Helipad Las Vegas NV Charlotte Motor Speedway Helipad Concord NC Sonoma Raceway Helipad Sonoma CA New Hampshire Motor Speedway Helipad Loudon NH Kentucky Speedway Helipad Sparta KY Item 5. Form of Business Other Organization Item 6. Policy Premium Total Premium at Inception NC Surcharge 25394 0 AGLD December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page i of iii | 2 |
DECLARATIONS OF POLICY NUMBER 15000751 Continued Endorsements forming a part of this policy on its effective date AGLC022 AGLE009 AGLEO15 AGLS030 AGLC025 AGLCO16 AGLA083 AGLMO001 AGLA004 IN WITNESS WHEREOF we have caused this policy to be executed on our behalf by Global Aerospace Inc. but this policy shall not be valid unless signed by a duly authorized representative of Global Aerospace Inc. LhrtoVendlath Anthony R. Moschetta Secretary Jeffrey S. Cassidy President C.0.0. Global Aerospace Inc. Global Aerospace Inc. Countersignature Where Required For Global Aerospace Inc. AGLD December 12013 Page iii of iii Includes copyrighted material of Insurance Services Office Inc. with its permission. L B Countersignature Where Required For Global Aeros AGLD December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 insurers shown in the Declarations providing this insurance. The word insured means any person or organization qualifying as such under SECTION III WHO IS AN INSURED. Other words and phrases that appear in bold italicized type have special meaning. Refer to SECTION VI DEFINITIONS. SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement. a We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies resulting from the ground operations hazard or the products completed operations hazard. We will have the right and duty to defend the insured against any suif 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 or when this insurance is excess. 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 IV LIMITS OF INSURANCE and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and D. 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 arises out of your aviation business and takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of SECTION III WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence claim or suit knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of SECTION III WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence claim or suit includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION III WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence claim or suit 1 Reports all or any part of the bodily injury or property damage to us or any other insurer AGL December 12013 Page 1 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 26 | 0 |
SECTION I Continued 2 Receives a written or verbal demand or claim or suit for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. Exclusions. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS this insurance does not apply to a EXPECTED OR INTENDED INJURY b c Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion a does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. CONTRACTUAL LIABILITY Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion b 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 insured contract. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. LIQUOR LIABILITY Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 26 | 1 |
SECTION I Continued d 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 e 1 An employee of the insured arising out of and in the course of employment by the insured or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion e 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 e does not apply to liability assumed by the insured under an insured contract provided the bodily injury occurs subsequent to the execution of the insured contract. f CONTESTS OR EXHIBITIONS The conduct of any contest or exhibition permitted sponsored or participated in by any insured other than static displays in public access areas. g AUTO OR WATERCRAFT Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion g applies even if the claims against any insured allege negligence or other wrongdoing in the hiring employment supervision training monitoring or warning 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 auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion g 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 Liability assumed under any insured contract for the ownership maintenance or use of watercraft 4 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 5 The operation of any of the machinery or equipment listed in Paragraph f2 or f3 of the definition of mobile equipment 6 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 7 An auto an insured operates while on airport or heliport premises excluding public roadways and public parking areas or 8 An auto an insured operates on public roadways or public parking areas while a. Responding to an aviation emergency b. Responding to a non aviation emergency in connection with a mutual support agreement c. Restocking a tank or container that is attached to or part of the auto and designed to carry materials to be AGL December 12013 Page 3 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION I Continued dispensed on airport or heliport premises you own or rent or d. Obtaining maintenance or service for such auto provided such auto is otherwise maintained for use solely on airport or heliport premises you own or rent excluding public roadways and public parking areas. 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 GRANDSTANDS POOLS AND LODGING ACCOMMODATIONS Bodily injury or property damage arising out of the ownership maintenance or use of 1 Grandstands bleachers or observation platforms other than observation decks or promenades that are part of permanent structures 2 Swimming pools or 3 Lodging accommodations for the general public. i 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 4 Personal property other than aircraft in the care custody or control of the insured 5 Aircraft a. In the care custody or control of the insured or b. While being serviced by the insured 6 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 7 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 j 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 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION IV LIMITS OF INSURANCE. Paragraph 2 of this exclusion j does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 6 and 7 of this exclusion j do not apply to liability assumed under a sidetrack agreement. Paragraph 7 of this exclusion j does not apply to property damage included in the products completed operations hazard. AGL December 12013 Page 4 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 26 | 1 |
SECTION I Continued k 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 1 does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m 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 m 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. n RECALL OF PRODUCTS WORK OR IMPAIRED PROPERTY Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. 0 PERSONAL AND ADVERTISING INJURY Bodily injury arising out of personal and advertising injury. p 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 or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c through p do not apply to damage by fire to premises 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 IV LIMITS OF INSURANCE. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 26 | 1 |
SECTION I Continued 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 or when this insurance is excess. 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 IV LIMITS OF INSURANCE and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and D. b This insurance applies to personal and advertising injury caused by an offense arising out of your aviation business but only if the offense was committed in the coverage territory and during the policy period. 2. Exclusions. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS this insurance does not apply to a KNOWING VIOLATION OF RIGHTS OF ANOTHER Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b 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. c 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. d CRIMINAL ACTS Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e CONTRACTUAL LIABILITY Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion e does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f 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. 2 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. h 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. AGL December 12013 Page 6 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 26 | 1 |
U SECTION I Continued 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. This exclusion i does not apply to infringement in your advertisement of copyright trade dress or slogan. INSUREDS IN MEDIA AND INTERNET TYPE BUSINESSES Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. This exclusion j does not apply to Paragraphs a b and c of the definition of personal and advertising injury. For the purposes of this exclusion j 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. m 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 or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 26 | 1 |
SECTION I Continued COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement. a We will pay medical expenses as described below for bodily injury caused by an accident because of your aviation operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 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. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS we will not pay expenses for bodily injury a ANY INSURED To any insured except volunteer workers. b HIRED PERSON To a person hired to do work for or on behalf of any insured or a tenant of any insured. c INJURY ON NORMALLY OCCUPIED PREMISES To a person injured on that part of premises you own or rent that the person normally occupies. d WORKERS COMPENSATION AND SIMILAR LAWS To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e ATHLETICS ACTIVITIES To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f PRODUCTS COMPLETED OPERATIONS HAZARD Included within the products completed operations hazard. COVERAGE A EXCLUSIONS g Excluded under Coverage A. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 26 | 1 |
SECTION I Continued COVERAGE D HANGARKEEPERS LIABILITY L. Insuring Agreement. b We will pay those sums that the insured becomes legally obligated to pay as damages because of direct and accidental loss of or physical injury to aircraft i In the care custody or control of the insured or ii While being serviced by the insured including any resulting loss of use. All such loss of use shall be deemed to occur at the time of the direct and accidental loss of or physical injury to aircraft that caused the loss of use. 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 loss of or physical injury to aircraft to which this insurance does not apply or when this insurance is excess. We may at our discretion investigate any loss of or physical injury to aircraft that occurs and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION IV LIMITS OF INSURANCE 2 This insurance is subject to the Deductibles endorsement if any unless physical injury results from fire or explosion and 3 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 Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and D. This insurance applies to loss of or physical injury to aircraft but only if such loss or physical injury occurs in the coverage territory and during the policy period. Exclusions. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS this insurance does not apply to b d e CONTRACTUAL LIABILITY The insured s liability under any contract or agreement to be responsible for loss of or physical injury to aircraft. This exclusion a does not apply to liability for damages that the insured would have in the absence of the contract or agreement. OWNED RENTED OR MANAGED AIRCRAFT Loss of or physical injury to aircraft 1 Owned in whole or in part by or registered in the name of any insured 2 Rented leased or loaned to any insured or 3 That is the subject of a management agreement with any insured. THEFT OR CONVERSION Loss of or physical injury to aircraft due to theft or conversion caused in any way by you your employees or by your shareholders. YOUR WORK Loss of or physical injury to your work arising out of it or any part of it. AIRCRAFT IN FLIGHT Loss of or physical injury to aircraft while in flight. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 26 | 1 |
SECTION I Continued SUPPLEMENTARY PAYMENTS COVERAGES A B and D L. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a All expenses we incur. b Up to 5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. e All costs taxed against the insured in the suit. f Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b This insurance applies to such liability assumed by the insured c The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract 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 Global Aerospace Inc. in the investigation settlement or defense of the suit b. Immediately send copies of any demands notices summonses or legal papers received in connection with the suit to Global Aerospace Inc. Attention General Aviation Claims at One Sylvan Way Parsippany NJ 07054 c. Notify any other insurer whose coverage is available to the indemnitee and d. Cooperate with Global Aerospace Inc. with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides Global Aerospace Inc. with written authorization to a. Obtain records and other information related to the suit and b. Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2 of Exclusion b CONTRACTUAL AGL December 12013 Page 10 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION I Continued LIABILITY applicable to Coverage A 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 0f 26 | 1 |
SECTION II GENERAL POLICY EXCLUSIONS Other provisions of this policy may limit or exclude insurance coverage. You are therefore urged to read the entire policy carefully. This policy does not cover any claim damage injury loss cost expense or liability of any nature whatsoever arising from occasioned by or in consequence of whether directly or indirectly and whether wholly or partly 1. WAR HIJACKING AND OTHER PERILS a War invasion acts of foreign enemies hostilities whether war be declared or not civil war rebellion revolution insurrection martial law military or usurped power or attempts at usurpation of power. b Any hostile detonation of any weapon of war employing atomic or nuclear fission andor fusion or other like reaction or radioactive force or matter. c Strikes riots civil commotions or labor disturbances. d Any act of one or more persons whether or not agents of a sovereign power for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. e Any malicious act or act of sabotage. f Confiscation nationalization seizure restraint detention appropriation requisition for title or use by or under the order of any government whether civil military or de facto or public or local authority. g Hi jacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight including any attempt at such seizure or control made by any person or persons on board the aircraft acting without the consent of the insured. Furthermore this policy does not cover claims or suits arising while the aircraft is outside the control of the insured by reason of any of the above perils. The aircraft shall be deemed to have been restored to the control of the insured on the safe return of the aircraft to the insured at an airfield not excluded by the geographical limits of this policy and entirely suitable for the operation of the aircraft such safe return shall require that the aircraft be parked with engines shut down and under no duress. 2. ELECTRONIC DATE RECOGNITION a The failure or inability to correctly recognize process distinguish interpret or accept any change of year date or time including but not limited to 1 The change of year from 1999 to 2000 or 2 The change of date from August 21 1999 to August 22 1999 By any computer system hardware program or software microprocessor integrated circuit or similar device whether in computer equipment or non computer equipment whether the property of any insured or of others or b Any advice consultation design evaluation inspection installation maintenance repair replacement or supervision provided or done by any insured or for any insured or by any third party to determine rectify or test for any potential or actual problems described in Paragraph a above. 3. NUCLEAR RISKS a Injury or damage 1 With respect to which the insured under this policy is also an insured under any a. Nuclear energy liability policy or b. Other policy that affords insurance equivalent to that described in Paragraphs i and i below. 2 Resulting from the hazards described in Paragraphs b c and d below with respect to which a. Any person or organization is required to maintain financial protection pursuant to legislation in any country or b. The insured under this policy is or had this policy not been issued would be entitled to indemnification AGL December 12013 Page 12 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION II GENERAL POLICY EXCLUSIONS from any government or agency thereof b The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof c The radioactive properties of or a combination of radioactive properties with toxic explosive or other hazardous properties of any other radioactive material in the course of carriage as cargo including storage or handling incidental thereto or d Tonizing radiations or contamination by radioactivity from or the toxic explosive or other hazardous properties of any other radioactive source whatsoever. This exclusion 3 is subject to the following i Any such radioactive material or other radioactive source referred to in Paragraphs c and d above shall not include a. Depleted uranium and natural uranium in any form b. Radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific medical agricultural commercial educational or industrial purpose. ii Loss destruction damage expense or legal liability in respect of the nuclear risks not excluded by reason of the preceding paragraph shall subject to all other terms conditions limitations warranties and exclusions of this policy be covered provided that a. In the case of any claim in respect of radioactive material in the course of carriage as cargo including storage or handling incidental thereto such carriage shall in all respects have complied with the full International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air unless the carriage shall have been subject to any more restrictive legislation when it shall in all respects have complied with such legislation b. This policy shall only apply to an incident happening during the period of this policy and where any claim by the insured against us or by any claimant against the insured arising out of such incident shall have been made within three years after the date thereof c. Inthe case of any claim for the loss of or destruction of or damage to or loss of use of an aircraft caused by or contributed to by radioactive contamination the level of such contamination shall have exceeded the maximum permissible level set out in the following scale Emitter Maximum permissible level of non fixed radioactive surface contamination IAEA Health and Safety Regulations Averaged over 300 cm Beta gamma and low toxicity alpha emitters Not exceeding 4 Becquerels cm 10 microcuries cm All other emitters Not exceeding 0.4 Becquerels cm 10 microcuries cm2 d. We may cancel coverage afforded hereby by mailing or delivering to the first Named Insured written notice of cancellation at least 7 days before the effective date of cancellation. 4. ASBESTOS a The actual alleged or threatened presence of asbestos in any form whatsoever or any material or product containing or alleged to contain asbestos or b Any obligation request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat neutralize protect against or in any other way respond to the actual alleged or threatened presence of asbestos or any material or product containing or alleged to contain asbestos. AGL December 12013 Page 13 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. polif iy Al ather emittere | 1 |
5. SECTION II Continued However this exclusion 4 shall not apply to any claim or suit caused by or resulting in an aircraft crash fire explosion or collision or a recorded in flight emergency causing abnormal aircraft operation. Notwithstanding any other provisions of this policy we will have no duty to investigate defend or pay defense costs in respect of i Any claim or suit excluded under Paragraphs a or b above or ii Any such obligation request demand order or statutory or regulatory requirement described in Paragraph b above. NOISE POLLUTION AND OTHER PERILS a Noise whether audible to the human ear or not or vibration sonic boom and any phenomena associated therewith b Pollution and contamination of any kind whatsoever c Electrical and electromagnetic interference or d Interference with the use of property unless caused by or resulting in an aircraft crash fire explosion or collision or a recorded in flight emergency causing abnormal aircraft operation. As respects liability arising out of the products completed operations hazard Paragraph b above does not apply to pollution and contamination of your product. Nothing in this exclusion 5 shall override any radioactive contamination or other exclusion clause attached to and forming part of this policy. EMPLOYMENT RELATED PRACTICES Any employment related practice termination of any person s employment or refusal to employ any person or any injury to any other person resulting from any such practice termination or refusal. This exclusion 6 applies 1 Whether the injury takes place before during or after a person s employment 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of injury. TRADE OR ECONOMIC SANCTIONS AND CONFORMITY WITH LAW This policy does not apply to the extent that trade or economic sanctions or other laws or regulations including but not limited to those administered and enforced by the Office of Foreign Asset Control of the United States Treasury Department prohibit the Company from providing insurance or paying claims. If the provisions of this policy are in conflict with any other laws or regulations in force in any jurisdiction where this policy is in effect this policy will conform to those laws or regulations. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 26 | 1 |
SECTION III WHO IS AN INSURED The following are insureds as respects your aviation business 1. If you are designated in the Declarations as a An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 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. 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 co employee while in the course of his or her employment or to your other volunteer workers while performing duties related to the conduct of your business b. To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1 a. above c. For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1 a. or b. above or d. Arising out of his or her providing or failing to provide professional health care services. 2 Property damage under Coverage A 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 any volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 26 | 1 |
SECTION I Continued 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization c Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization d Coverage C does not apply to medical expenses arising out of bodily injury that occurred before you acquired or formed the organization and e Coverage D does not apply to loss of or physical injury to aircraft that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 26 | 1 |
SECTION 1V 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 c Persons or organizations making claims or bringing suits or d Aircraft to which Coverage D applies. 2. The General Aggregate Limit is the most we will pay for the sum of a Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard b Damages under Coverage B and c Medical expenses under Coverage C. 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 Aggregate Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a Damages under Coverage A and b Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage to Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. 8. The Hangarkeepers Each Accident Limit is the most we will pay for the sum of damages under Coverage D because of direct and accidental loss of or physical injury to one or more aircraft resulting from any one accident. 9. Subject to Paragraph 8. above the Hangarkeepers Each Aircraft Limit is the most we will pay for the sum of damages under Coverage D because of direct and accidental loss of or physical injury to any one aircraft resulting from any one accident. The limits of this policy 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 26 | 1 |
SECTION V POLICY CONDITIONS This policy is subject to the following conditions L. Conformity With Law. If the terms of this policy are in conflict with or inconsistent with the laws of any jurisdiction where this policy is in effect this policy will conform to those laws. Titles of Paragraphs. The titles of the various paragraphs of this policy are inserted solely for reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Representations. By accepting this policy you agree a The statements in the Declarations are accurate and complete b Those statements are based upon representations you made to us and c We have issued this policy in reliance upon your representations. Premiums. The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. Changes. This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued on our behalf by Global Aerospace Inc. and made a part of this policy. Cancellation. a The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 90 days before the effective date of cancellation if we cancel for any other reason. c We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f If notice is mailed proof of mailing will be sufficient proof of notice. Transfer of Your Rights and Duties Under This Policy. Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 26 | 1 |
SECTION V Continued 8. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. 9. Legal Action Against Us. No person or organization has a right under this policy to join us as a party or otherwise bring us into a suit asking for damages from an insured or to sue us on this policy 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 policy 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. Each of the insurers shown in the Declarations appoints Global Aerospace Inc. as duly authorized agent for service of process. Service of process shall be made upon Global Aerospace Inc. Attention General Counsel at One Sylvan Way Parsippany NJ 07054. However service upon Global Aerospace Inc. does not constitute a waiver of any rights to commence an action in any court of competent Jjurisdiction or to seek a transfer to another court or venue as permitted by law. 10. 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 policy 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. 11. Separation of Insureds. Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy 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. 12. Duties in the Event of Occurrence Offense Loss of or Physical Injury to Aircraft Claim or Suit. a You must see to it that Global Aerospace Inc. Attention General Aviation Claims at the US Home Office or Regional Office address set out on the cover page of this policy is notified as soon as practicable of an occurrence offense or loss of or physical injury to aircraft that may result in a claim. To the extent possible notice should include 1 How when and where the occurrence offense or loss of or physical injury to aircraft 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 offense or loss of or physical injury to aircraft. b If a claim is made or suit is brought against any insured you and any other involved insured must immediately 1 Record the specifics of the claim or suit and the date received and 2 Send copies of any demands notices summonses or legal papers received in connection with the claim or suit to Global Aerospace Inc. Attention General Aviation Claims at the US Home Office or Regional Office address set out on the cover page of this policy. You and any other involved insured must 1 Authorize Global Aerospace Inc. to obtain records and other information 2 Cooperate with Global Aerospace Inc. in the investigation or settlement of the claim or defense against the suit and AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 26 | 1 |
SECTION V Continued 3 Assist Global Aerospace Inc. upon its request in the enforcement of any right against any person or organization that 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 any payment assume any obligation or incur any expense other than for first aid without the consent of Global Aerospace Inc. 13. Inspections and Surveys. a We have the right to 1 Make inspections and surveys at any time 2 Give you reports on the conditions we find and 3 Recommend changes. b We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions are safe or healthful or comply with laws regulations codes or standards. c Paragraphs a and b of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. d Paragraph b of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. 14. Examination of Your Books and Records. We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 15. Premium Audit. a We will compute all premiums for this policy in accordance with our rules and rates. b Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c The first Named Insured must keep records of the information we need for premium computation and send us copies of those records at such times as we may request. 16. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A B or D of this policy our obligations are limited as follows a Primary Insurance This insurance is primary except when Paragraph b below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c below. b Excess Insurance 1 This insurance is excess over a. Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work AGL December 12013 Page 20 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION V Continued ii That is Fire Insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of autos or watercraft to the extent not subject to Exclusion g AUTO OR WATERCRAFT applicable to Coverage A or b. Any other primary insurance available to you covering liability for damages to which this policy applies for which you have been added as an insured. 2 When this insurance is excess we will have no duty under Coverage A B or D to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a. The total amount that all such other insurance would pay for the loss in the absence of this insurance and b. The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 26 | 1 |
SECTION VI DEFINITIONS 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. Aircraft means aircraft or the components thereof. Auto means a A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness disease or mental anguish 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 Your product or your work made sold or performed in the territory described in Paragraph a above 2 The activities of a person whose home is in the territory described in Paragraph a above but who is away for a short time on your aviation business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a above or in a settlement we agree to. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Flight means a As respects any aircraft other than a glider without self launch capability or lighter than air aircraft the time commencing with the application of power for takeoff and continuing until 1 the completion of the decelerating run after touching down or 2 touching down in the case of a vertically landed aircraft b As respects a glider without self launch capability the time commencing with the application of power for takeoff to the tow aircraft and continuing until the glider comes to rest after landing and c As respects a lighter than air aircraft the time commencing with the release of moorings and continuing until the application of moorings. Ground operations hazard includes all operations conducted by you or on your behalf at or from the premises described in this policy except operations a Included within the products completed operations hazard or AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 26 | 1 |
SECTION VI Continued b Related to 1 Any aircraft that is a. Inflight b. Owned in whole or in part by or registered in the name of any insured c. Rented leased or loaned to or hired by any insured or d. The subject of a management agreement with any insured 2 The hiring employment supervision training monitoring warning or failure to do any of these of any pilot or crew member on board any aircraft described in Paragraph 1 above or 3 Aircraft traffic control operations other than the direction of aircraft movement on an aircraft parking area you own or lease. Paragraphs b 1 a. and b 3 above shall not apply to you with respect to the operation of a control tower by the Federal Aviation Administration. 9. Impaired property means tangible property other than your product or your work that can not be used or is less useful because b It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 10. Insured contract means b d e A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement or That part of any other contract or agreement pertaining to your aviation 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 roadbeds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or AGL December 12013 Page 23 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 26 | 1 |
SECTION VI Continued 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 Paragraph 2 above and supervisory inspection architectural or engineering activities. 11. Loading or unloading means the handling of property a After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b While it is in or on an aircraft watercraft or auto or c While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b Vehicles maintained for use solely on or next to airport or heliport premises you own or rent. However this shall not preclude use of such vehicles off such premises while 1 Responding to an aviation emergency 2 Responding to a non aviation emergency in connection with a mutual support agreement 3 Restocking a tank or container that is attached to or part of the vehicle and designed to carry materials to be dispensed on such premises or 4 Obtaining maintenance or service for such vehicle c Vehicles that travel on crawler treads d Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e Vehicles not described in Paragraph a b c or d above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f Vehicles not described in Paragraph a b c or d above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a. Snow removal b. Road maintenance but not construction or resurfacing or c. Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial AGL December 12013 Page 24 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION VI Continued responsibility law or other motor vehicle i subject to a compulsory or financial responsi urance law where it is licensed or principally garaged. Land vehicles ility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a False arrest detention or imprisonment b Malicious prosecution c The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e Oral or written publication in any manner of material that violates a person s right of privacy f The use of another s advertising idea in your advertisement g Infringing upon another s copyright trade dress or slogan in your advertisement or h Misdirection of a person to an aircraft or other conveyance. 15. Products completed operations hazard a Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a. When all of the work called for in your contract has been completed. b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Any aircraft a. Owned in whole or in part by or registered in the name of any insured b. Rented leased or loaned to or hired by any insured or c. That s the subject of a management agreement with any insured. 16. Property damage means a Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or AGL December 12013 Page 25 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
20. SECTION VI Continued b Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Suit means a civil proceeding in which damages because of bodily injury property damage personal and advertising injury or loss of or physical injury to aircraft 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.. 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.. Your product a Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a. You b. Others trading under your name or c. A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 26 of 26 | 1 |
LIABILITY AND MEDICAL EXPENSES COVERAGE Applicable to the WAR HI JACKING AND OTHER PERILS Exclusion It is agreed that sub paragraphs a c d e f and g of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS of this policy are deleted as respects the Liability and Medical Expense Coverages afforded by this policy. This insurance is subject to the following provisions which are applicable only to the insurance afforded by this endorsement and which shall be in addition to all other applicable provisions not amended in this endorsement Exclusion applicable only to any insurance afforded as respects the deletion of sub paragraph a of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS This insurance shall not include liability for damage to any form of property on the ground situated outside Canada and the United States of America unless caused by or arising out of the use of aircraft. Limitation of Liability The limit of our liability as respects the insurance afforded by this endorsement shall be a sub limit of 50000000 or the applicable policy limit whichever the lesser any one occurrence and in the annual aggregate. This sub limit shall apply within the full policy limit and not in addition thereto. 3. Automatic Termination To the extent provided below insurance afforded by this endorsement shall terminate automatically in the following circumstances a All insurance upon the outbreak of war whether there be a declaration of war or not between any two or more of the following states the United Kingdom the United States of America France the Russian Federation the People s Republic of China b Any insurance afforded in respect of the deletion of sub paragraph a of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS upon the hostile detonation of any weapon of war employing atomic or nuclear fission andor fusion or other like reaction or radioactive force or matter wheresoever or whensoever such detonation may occur and whether or not an aircraft may be involved c All insurance in respect of any aircraft requisitioned for either title or use upon such requisition provided that if an aircraft is in the air when a b or c occurs then the insurance afforded by this endorsement unless otherwise canceled terminated or suspended shall continue in respect of such aircraft until completion of its first landing thereafter and any crew members and passengers have disembarked. Endorsement No. 01 AGLC022 December 12013 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4. Review and Cancellation b d Review of Premium andor Geographical Limits 7 days We may give notice to review premium andor geographical limits such notice to become effective on the expiry of 7 days from 1201 A.M. local time at the address of the first Named Insured set forth in the policy on the day after which notice is given. Limited Cancellation 48 hours Following a hostile detonation as specified in Paragraph 3. b above we may give notice of cancellation of one or more parts of the insurance afforded by this endorsement by reference to sub paragraphs c d e f andor g of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS such notice to become effective on the expiry of 48 hours from 1201 A.M. local time at the address of the first Named Insured set forth in the policy on the day after which notice is given. Cancellation 7 days The insurance afforded by this endorsement may be canceled by the first Named Insured. We may also cancel it by giving notice to the first Named Insured to become effective on the expiry of 7 days from 1201 A.M. local time at the address of the first Named Insured set forth in the policy on the day after which notice is given. Notices All notices referred to in this endorsement shall be in writing. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 01 AGLC022 December 12013 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
EXCLUSION PRODUCTS COMPLETED OPERATIONS HAZARD This insurance does not apply to bodily injury or property damage included within the products completed operations hazard. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 02 AGLE009 December 1 2013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
EXCLUSION HANGARKEEPERS LIABILITY SECTION I COVERAGE D does not apply and none of the references to it in the policy apply. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 03 AGLEO15 December 12013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
NORTH CAROLINA AMENDATORY 1. SECTION V POLICY CONDITIONS Paragraph 6. Cancellation is deleted in its entirety and replaced by the following 6. Cancellation and Nonrenewal. 1. Cancellation. a The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b If this policy has been in effect for less than sixty 60 days we may cancel this policy for any reason by mailing or delivering to the first Named Insured written notice of cancellation at least fifteen 15 days before the effective date of cancellation. c d e If this policy has been in effect for sixty 60 days or more or after the effective date of a renewal by us of this policy we may cancel only for one or more of the following reasons S 3 6 Nonpayment of premium An act or omission that constitutes material misrepresentation or nondisclosure of a material fact made by you or your representative in obtaining the policy continuing the policy or in presenting a claim under the policy Substantial breach of contractual duties conditions or warranties that materially affects the insurability of the risk Increased hazard or material change in the risk assumed that could not have been reasonably contemplated at the time of assumption of the risk Determination by the Commissioner of Insurance that continuation of coverage would place us in violation of the laws of North Carolina A fraudulent act against us by an insured or his or her representative that materially affects the insurability of the risk Willful failure by an insured or his or her representative to institute reasonable loss control measures that materially affect the insurability of the risk after written notice by us Loss of facultative reinsurance or loss of or substantial changes in applicable reinsurance as provided in G.S. 58 41 30 or Conviction of an insured of a crime arising out of acts that materially affect the insurability of the risk. We will mail or deliver written notice including the reason for cancellation by first class mail to the first Named Insured at the last mailing address known to us at least fifteen 15 days before its effective date. Proof of mailing shall be sufficient proof of notice. Cancellation for nonpayment of premium will not become effective if you pay the premium amount due before the effective date of cancellation. We may also cancel this policy for any reason not stated above provided we obtain your prior written consent. Endorsement No. 04 AGLS030 January 15 2015 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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