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1. Nonrenewal. a If we elect not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured and any designated mortgagee or loss payee at least forty five 45 days before the expiration date of the policy or the anniversary date if this policy is written for a term of more than one 1 year or with no fixed expiration date. b We will mail or deliver written notice by first class mail to the last mailing addresses known to us. Proof of mailing shall be sufficient proof of notice. c We need not mail or deliver the notice if you have insured property covered under this policy under another insurance policy accepted replacement coverage or requested or agreed to nonrenewal of this policy. 2. Notwithstanding any other provision in this policy to the contrary any obligation involving any service of process notice or proof of loss that requires service upon or delivery to us may be satisfied by service upon or delivery to any one of the insurers shown in the Declarations on behalf of all such insurers. Each of those insurers named appoints Global Aerospace Inc. as its duly authorized agent for receipt of any such notice proof of loss or service of process. 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. Endorsement No. 04 AGLS030 January 15 2015 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Endorsement Premium Included | 2 |
ELECTRONIC DATE RECOGNITION LIMITED COVERAGE In consideration of the premium charged and to the extent such coverage is afforded by the policy GENERAL POLICY EXCLUSION 2. ELECTRONIC DATE RECOGNITION shall not apply to 1. Any of the Physical Damage coverages provided by the policy or 2. Any sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence. Notwithstanding Paragraph 2. above this endorsement shall not apply to a Any coverage for loss of use caused by an occurrence during the policy period arising out of subparagraph a or b of GENERAL POLICY EXCLUSION 2. ELECTRONIC DATE RECOGNITION unless such loss of use also arises out of additional injury in the form of physical injury to or destruction of tangible property or b Any coverage for grounding or c Any coverage applying in excess of any scheduled underlying insurance. 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. 05 AGLC025 December 12013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CONTROL TOWER LIABILITY L. Solely as respects liability for bodily injury or property damage caused by the operation of a control tower service on premises you own or rent by the person or organization shown in the Schedule herein after referred to as the Operator a Paragraphs b 1 a. and b 3 of the definition of Ground operations hazard in SECTION VI DEFINITIONS shall not apply and b SECTION III WHO IS AN INSURED is amended to include the Operator as an insured provided the duly constituted government authority having jurisdiction over civil aviation has granted authority to the Operator to provide such control tower service. As respects the insurance afforded by this endorsement the most we will pay for damages because of bodily injury or property damage is the limit shown in the Schedule which shall be part of and not in addition to the Each Occurrence limit shown in the Declarations. SCHEDULE Operator On file with the company Each Occurrence Limit applicable to the operation of a control tower service 75000000 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. 06 AGLCO16 December 12013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
MULTIPLE YEAR POLICY PERIOD Two Year Rate and Premium Guaranty It is agreed that the policy terms conditions and exclusions for policy years subsequent to the first year are subject to renegotiation prior to each anniversary of the beginning of the policy period. Provided that there is no change in values limits or exposure the premium and rates applicable to the first year of the policy period are guaranteed for the second year of the policy period. The premium and rates applicable to the remainder of the policy period are subject to renegotiation prior to the anniversary of the beginning of the policy period. The premium shown in the Declarations is only for the first year of the policy period. The premium for policy years subsequent to the first year is due and payable on each anniversary of the beginning of the policy period. However if we can not agree with you on any of the negotiable items prior to an anniversary of the beginning of the policy period the insurance afforded by this policy shall terminate at 1201 AM local time at the mailing address shown under Item 1. of the Declarations on that anniversary date. 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 AGLAO083 December 12013 Endorsement No. 07 Page 1 of 1 | 2 |
TRIA DISCLOSURE Does Not Provide Any Insurance Coverage THIS DISCLOSURE PROVIDES A SUMMARY OF THE PROVISIONS OF THE TERRORISM RISK INSURANCE ACT AS AMENDED. THIS DISCLOSURE IS MADE A PART OF THIS POLICY. EXCEPT AS EXPRESSLY PROVIDED NOTHING IN THIS DISCLOSURE CHANGES ANY OF THE TERMS OR CONDITIONS OF THIS POLICY AND UNDER NO CIRCUMSTANCES DOES THIS DISCLOSURE AFFORD ANY TERRORISM COVERAGE OR ANY OTHER COVERAGE. L Terrorism Risk Insurance Act Notice Under the Terrorism Risk Insurance Act as amended referred to herein as TRIA you have a right to purchase insurance coverage from us for losses arising out of an Act of Terrorism as defined in Section 1021 of TRIA. For purposes of this disclosure and to ensure compliance with TRIA the term Act of Terrorism means A. Certification Any act that is certified by the Secretary of the Treasury of the United States in consultation with the Secretary of Homeland Security and the Attorney General of the United States 1 2 3 to be an act of terrorism to be a violent act or an act that is dangerous to a human life b property or c infrastructure to have resulted in damage within the United States or outside of the United States in the case of a an air carrier or commercial vessel defined as one principally based in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States b the premises of a United States mission and to have been committed by an 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. B. Limitation No act shall be certified by the Secretary as an act of terrorism if 1 2 the act is committed as part of the course of war declared by the Congress except that this clause shall not apply with respect to any coverage for workers compensation or property and casualty insurance losses resulting from the act in aggregate do not exceed 5.000000. C. Determinations Final Any certification of or determination not to certify an act of terrorism under this paragraph shall be final and shall not be subject to judicial review. D. No delegation The Secretary may not delegate or designate to any other officer employee or person any determination under this paragraph of whether during the effective period of the Program an act of terrorism has occurred. Endorsement No. 08 AGLMO01 May 12015 Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1I. 1IL Federal Share of Compensation If coverage is purchased see Section III below payments made under this policy for losses caused by a certified Act of Terrorism will be reimbursed in part by the United States Government to us using a formula established by federal law. Under this formula if the aggregate insured losses exceed a trigger amount 100000000 through 2015 120000000 beginning on January 1 2016 140000000 beginning on January 1 2017 160000000 beginning on January 1 2018 180000000 beginning on January 1 2019 and 200000000 beginning on January 1 2020 the United States Government generally reimburses a percentage 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of covered terrorism losses exceeding the statutorily established deductible paid by us for losses arising from certified Acts of Terrorism. 100 Billion Program Cap TRIA contains a program cap of 100000000000 that limits United States Government reimbursement as well as our liability for losses resulting from certified Acts of Terrorism when the amount of such losses in any one calendar year exceeds the program cap. If the aggregated insured losses for all insurers exceed the program cap coverage if purchased for Acts of Terrorism may be reduced. Conditional Termination of this Disclosure A. The provisions of TRIA state that the Terrorism Risk Insurance Program shall terminate on December 312020. Unless the program is renewed extended or otherwise continued by the federal government this disclosure terminates upon the first occurrence of any of the following conditions 1 the policy period ends or 2 the federal Terrorism Risk Insurance Program has terminated either in its entirety or with respect to the type of insurance afforded by this policy or 3 a renewal extension or continuation of the Terrorism Risk Insurance Program has become effective without a requirement to make terrorism coverage available with respect to the type of insurance afforded by this policy. B. If none of the conditions set forth in paragraph IL. A. above occur this disclosure will remain in effect unless we notify you of changes in response to federal law. TRIA Terrorism Coverage As required by TRIA an offer of terrorism coverage within the terms of TRIA TRIA Terrorism Coverage was included in our quote. No insurance is afforded by this notice and no TRIA Terrorism Coverage is afforded under this policy unless such offer was accepted and TRIA Terrorism Coverage was purchased. If TRIA Terrorism Coverage was purchased TRIA endorsements are attached to this policy and the premium for such coverage will be as stated in the binder as respects any such endorsements. If TRIA Terrorism Coverage was not purchased coverage for terrorism is excluded as provided in the policy unless as permitted by TRIA alternative terrorism coverage was negotiated in which case one or more endorsements to this policy include the negotiated coverage for terrorism Alternative Terrorism Coverage. If purchased such Alternative Terrorism Coverage includes portions which fall within TRIA the TRIA Portion as well as other coverage outside of TRIA and the premium corresponding to the TRIA Portion of the Alternative Terrorism Coverage is 10 of the total premium for the endorsements providing the Alternative Terrorism Coverage. Any TRIA Terrorism Coverage and the TRIA Portion of any Alternative Terrorism Coverage is subject to all of the disclosures and limitations set forth in Section I above. Endorsement No. 08 AGLMO001 May 1 2015 Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Iv. Application Nothing contained in this disclosure shall vary waive alter or extend any of the terms conditions agreements or provisions of this policy other than as above stated. Notwithstanding anything in the policy to the contrary as used in this disclosure 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 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This disclosure is effective August 30 2015 Disclosure Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. A BY Endorsement No. 08 AGLMO01 May 12015 Page 3 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
BROAD FORM NAMED INSURED The Named Insured shown in Item 1. of the Declarations includes the Named Insureds shown in the Schedule and any entity that a Named Insured owns a majority interest in or any other entity that a Named Insured owns an interest in and is responsible for obtaining casualty insurance for that entity. SCHEDULE Named Insured OBS Broadcast LLC O. Bruton Smith OBS Family LLC The O. Bruton Smith Family Irrevocable Trust B. Scott Marcus G. and David B. Smith Smith Trusts Children OBS Holdings LLC Sonic Financial Corporation NC American General Advertising Inc. Churchill Stables LLC Dallas Motor Speedway Inc Floyd Smith Office Park LLC Provident American Insurance Company Sonic Automotive Inc. Speedway Motorsports Inc Transtar Marketing Group Inc. SMDA Properties LLC Chartown Sonic Financial Corp. O. Bruton Smith Speedway Motorsports Inc. DE NC GA KY TN Atlanta Motor Speedway LLC GA Bristol Motor Speedway LLC TN Charlotte Motor Speedway LLC NC Kentucky Raceway LLC KY New Hampshire Motor Speedway Inc NH Nevada Speedway LLC DE NV Speedway Funding LLC DE NV North Wilkesboro Speedway Inc. NC Oil Chem Research Corporation IL NC SMI Systems LLC NV GA IL KY NC TN TX Speedway Properties Company LLC PRN DE NC NV Speedway Sonoma LLC Sonoma Raceway DE CA Speedway TBA LLC NC SMISC Holdings Inc. SMI Properties NC Texas Motor Speedway Inc. TX Inex Corp. NC U.S. Legend Cars International Inc. NC TX Speedway Consulting and Design Inc. NC Speedway Motorsports International Limited BV Speedway Media LLC NC TN SMI Trackside LLC NC TSI Management Company LLC NC 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. 09 AGLA004 December 1 2013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK AND IS NOT PART OF ANY INSURANCE POLICY. | 2 |
Liberty Surplus Insurance Corporation LIBERTY SURPLUS INSURANCE CORPORATION RAILROAD GENERAL LIABILITY POLICY In Witness Whereof we have caused this policy to be signed by its President and Secretary. L 0 7 P OrLQ PRESIDENT VICE PRESIDENT and SECRETARY Christopher L. Peirce Mark C. Touhey LSIPOLIKT Ed. 2012 Liberty Surplus Insurance Corporation Liberty Surplus Insurance Corporation LSIPOLIKT Ed. 2012 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company t Bostor e number 1 800 The Insurer is a surplus lines insurer is not licensed by the State and is subject to limited regulation. In the event of insolvency of the Insurer the insurance is not covered by the State s guaranty fund. This policy may be subject to surplus lines taxes stamping fees surcharges and certain surplus lines reporting requirements mandated by state regulations. The Surplus Lines Broker is responsible for the disclosure of all related taxes surcharges and fees. The Surplus Lines Broker is also responsible for the applicable surplus lines reporting requirements including but not limited to the submission of diligent search forms. Policy Number Broker Name and Address Renewal of 1st Yr. Liab. Pol. GLHV452159 3 R T Specialty LLC GLHV452159 2 2014 1100 Walnut Street Suite 3200 Kansas City MO 64106 Item 1. Named Insured Freedom Railcar Solutions LLC See Named Insured Schedule Address 250 South Castle Rock Lane Mustang OK 73064 First Named Insured Freedom Railcar Solutions LLC The Named Insured is O Individual O Partnership ELLC O Anorganization other than a nan nan nan nan 200.0 O Anorganization other than a Partnership Joint Venture or LLC Business of the Insured is Railroad Repair Item 2. Policy Period From 6202016 to 6202017 1201 AM standard time at the address of the Named Insured as stated herein 2 GL 1001 0701 | 2 |
Liberty Surplus Insurance Corporation Railroad General Liability Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT 4000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 4000000 BODILY INJURY AND PROPERTY DAMAGE LIABILITY Each Occurrence 2000000 DAMAGES TO PREMISES RENTED TO YOU LIMIT Each Occurrence 50000 PERSONAL INJURY AND ADVERTISING INJURY h Oceurrence 2000000 MEDICAL PAYMENTS 000 POLICY AGGREGATE 10000000 Item 4. DEDUCTIBLE AMOUNT The Deductible Amount is 5000 Per Occurrence including Loss Adjustment Expense Item 5. PREMIUM Classifications or Premium Basis Rate Per 1000 of Revenue Certified TRIA Policy Premium Locations Revenues Premium Railroad Repair 2300000 1094 1258 26414 MINIMUM PREMIUM 25156 DEPOSIT PREMIUM 25156 This policy is issued by a surplus lines insurer. In the event of insolvency of the insurer this insurance is not Coveted by the Guaranty Fund or Guarantee Association. In consideration of the payment of premium and in reliance upon statements made in the application this policy including all endorsements issucd herewith shall constitute the contract between Company and the Named Insured. This policy is valid only if signed below by a duly authorized representative of the company. This policy including all endorsements issued herewith is hereby countersigned by ADVERTISING INJURY Each Occurrence Mt 7 VICE PRESIDENT and SECRETARY Mark C. Touhey A L Pa PRESIDENT Christopher L. Peirce Date 2 GL 1001 0701 | 2 |
Railroad General Liability Surplus Insurance Corporation LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company Policy Number GLHV452159 3 Named Insured Freedom Railcar Solutions LLC DECLARATION EXTENSION SCHEDULE Schedule of forms and endorsements attached at issuance date Number GL 5000 Name Commercial General Liability Occurrence Common Policy Conditions Premium Computation Additional Insured By Written Contract Amendment Duties in the Event of an Occurrence Claim or Suit Amendment War Liability Exclusion Cancellation Notice of Cancellation to Third Partics Contractual Liability Railroads Deductible Exclusion Asbestos Exclusion Employment Related Practices Exclusion Intellectual Property Rights Exclusion Joint Ventures Exclusion Known Injury or Loss Exclusion Lead Liability Exclusion Mold Mildew or Fungus Exclusion Nuclear Energy Liability Exclusion Silicosis Exclusion Total Pollution Designated Construction Projects General Aggregate Limit Subject to a Policy Aggregare Limit Knowledge and Notice of Occurrence Claim or Suit Named Insured Special Conditions for Subcontractors Endorsement Stop Gap Employers Liability Coverage Waiver of Transfer of Rights Unintentional Errors and Omissions Exclusion Cross Suits Named Insurcd Exclusion Contractors Professional Liability Broad Form Named Insured Endorsement Bodily Injury Redefined Waiver of Transfer of Rights Form Number CG 00010798 CGL 1008 0103 CGL 1016 0506 CGL 1000 0103 CGL 1317 1007 CGL 1039 1203 CGL 1007 0103 CGL 1385 1210 CGL 1029 0403 CGL 1009 0103 CGL 1102 0103 CGL 1111 0103 CGL 1114 0103 CGL 11150103 CGL 1117 0103 CGL 1119 0103 CGL 11220103 CGL 1123 0103 CGL 1137 0705 CGL 1129 0103 CGL 1011 0103 CGL 1028 0103 CGL 1030 0203 CGL 1024 0506a CGL 1203 1209 CGL 1025 0103 CGL 1302 0107 CGL 1105A 1004 CGL 1104 0103 CGL 1386 0211 CGL 1325 1207 CGL 10250103 Policy Number Named Insured Form Number CG 00010798 CGL 1008 0103 CGL 1016 0506 CGL 1000 0103 CGL 1317 1007 CGL 1039 1203 CGL 1007 0103 CGL 1385 1210 CGL 1029 0403 CGL 1009 0103 CGL 1102 0103 CGL 1111 0103 CGL 1114 0103 CGL 11150103 CGL 1117 0103 CGL 1119 0103 CGL 11220103 CGL 1123 0103 CGL 1137 0705 CGL 1129 0103 CGL 1011 0103 CGL 1028 0103 CGL 1030 0203 CGL 1024 0506a CGL 1203 1209 CGL 1025 0103 CGL 1302 0107 CGL 1105A 1004 CGL 1104 0103 CGL 1386 0211 CGL 1325 1207 CGL 10250103 | 2 |
Railroad General Liability Corporation 31 32 33 34 Disclosure Terrorism Risk Insurance Act Cap on Losses from Certified Acts of Terrorism U.S. Economic and Trade Sanctions Clause Service of Suit Clause Oklahoma TRIA N004 0315 TRIA E002 0315 OFAC 0809 SC2907 K GL 5000 | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carcfully to determine rights dutics 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 Company. The word insured means any person ot organization qualifying as such under SECTION II WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning Refer to SECTION V 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 applics. We will have the right and duty to defend the insured against any suit secking those damages. However we will have no duty to defend the insured against any suit sccking damages for bodily injury or property damage to which this insurance does not apply 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 IIT 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 o liability to pay sums o perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A AND B. b This insurance applics 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 and 2 The bodily injury or property damage occurs during the policy period. c. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to 19 CG 00010798 | 0 |
Liberty ri Surplus Insurance Corporation.. Railroad General Liability a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liabiliy 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 bodi property damage occurs subsequent to the exceution of the contract or agreement. injury or 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 Liability o such party for or for the cost of that party s defensc 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 applics are alleged. c. Liquor Liability Bodily injury or property damage for which any insurcd 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 o regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you arc 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 bencfits or unemployment compensation law or any similar law. c. 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 dutics 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 o CG 00010798 | 1 |
Railroad General Liability 2 To any obligation to share damages with or repay someone clse who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release ot escape of polluants At or from any premises site or location which is or was at any time owned or occupied by or rented or loancd to any insured. However this subparagraph does not apply to Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner o lessce 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 sitc or location is not and never was owned or occupicd by or rented or loaned to any insured other than that additional insured or iif Bodily inju or property damage arising out of heat smoke or fumes from a hostile firc At or from any premiscs site or location which is or was at any time used by ot for any insured or others for the handling storage disposal processing or treatment of wastc 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 or At or from any premises site o location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premiscs site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to Bodily injury or property damage arising out of the escape of fucls lubricants or other operating fluids which are nceded to perform the normal clectrical hydraulic or mechanical functions necessary for the operation of mobile equipment ot its pasts if such fucls 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 fucls lubricants or other operating fluids are brought on or to the premises sitc or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or g y iif Bodily injury or property damage arising out of heat smoke or fumes from a hostile firc. At or from any premises site o location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing operations if the operations are CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. g o test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the cffects of pollutants. 2 Any loss cost or expense arising out of any Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the cffects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the cffects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority 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 does not apply to 1 A watercraft while ashore on premises you own or rent A watercraft you do not own that is Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premiscs you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph.2 or.3 of the definition of mobile cquipment. Mobile Equipment Bodily inju 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 duc to war whether or not declared or any act or condition incident to war War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. CG 00010798 | 1 |
Surplus Insurance Corporation Railroad General Liability j. Damage To Property Property damage to 1 Property you own fent of occupy 2 Premises you scll give away or abandon if the property damage arises out of any part of those premises 3 Property loancd to you 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 aises out of those operations o 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by firc 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 applics to Damage To Premises Rented To You as described in SECTION 111 LIMITS OF INSURANCE. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage To Your Product Property damage to your product arising out of it or any part of it. L. 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 docs 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 impaited 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 o 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. n. Recall Of Products Work Or Impaired Property CG 00010798 | 1 |
V X r Surplus Insurance Corporation Railroad General Liability Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repai replacement adjustment removal or disposal of 1 Your products 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 o dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applics to this coverage as described in SECTION 111 LIMITS OF INSURANCE. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applis. We will have the right and duty to defend the insured against any suit secking those damages. However we will have no duty to defend the insured against any suit sccking 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 resul. But 1 The amount we will pay for damages is limited as described in SECTION III 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 o liability to pay sums or perform acts or services is covered unless explici under SUPPLEMENTARY PAYMENTS COVERAGES A AND B. y provided for b This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Caused by or at the dircction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injurys 2 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation 4 Arising out of a criminal act committed by or at the direction of any insured 5 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 6 Arising out of a breach of contract except an implied contract o use another s advertising idea in your advertisement 7 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement 8 Arising out of the wrong description of the price of goods products o services stated in your advertisement 9 Committed by an insured whose business is advertising broadcasting publishing or telecasting. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section or 10 Arising out of the actual alleged or threatencd discharge dispersal scepage migration release or escape of pollutants at any time. Any loss cost or expense arising out of any 1 Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the cffects of pollutants or 2 Chaim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the cffects of pollutants. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement B Wie 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 of 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 s 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. Wie 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 CG 00010798 | 1 |
Railroad General Liability Y Libert i Surplus Insurance 7 Corporation 3 Necessary ambulance hospital professional nursing and funcral services. 2. Exclusions Wie will not pay expenses for bodily injurys a. b. 5w To any insured. To a person hired to do work for or on behalf of any insured o a tenant of any insured. To a person injured on that part of premises you own or rent that the person normally occupics. To a person whether or not an cmployee 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. To a person injured while taking part in athletics. Included within the products completed operations hazard. Excluded under Coverage A. Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle o any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applics. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of carnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. 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 afer the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 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. b. The suit against the indemnitee secks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applics to such liability assumed by the insured CG 00010798 | 1 |
Railroad General Liability A Liberty i Surplus Insurance 7 Corporation.. 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 The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copics of any demands notices summonses or legal papets received in connection with the suit Notify any other insurer whose coverage is available o the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemaitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or scttlements or b. The conditions set forth above o the terms of the agreement described in Paragraph. above are no longer met. SECTION I WHO IS AN INSURED 1. If you arc designated in the Declarations as 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. A partnership o joint venture you are an insured. Your members your partners and their spouses arc 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 arc insurcds but only with respect to their dutics as your managets. CG 00010798 | 1 |
Surplus Insurance Corporation.. Railroad General Liability d. An organization other than a partnership joint venture or limited liability company you are an insured. Your exceutive officers and dircctors are insureds but only with respect to their dutics as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 2. Each of the following s also an insured a. Your employees other than cither your exccutive officers if you are an organization other than a partnership joint venture or limited liability company o your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing dutics related to the conduct of your business. However none of these employees is an insured for 1 Bodily njury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venturd to your members if you are a limited liability company o o a cocmployee while that coemployee is cither in the course of his or her employment or performing duties related to the conduct of your business b To the spouse child parent brother or sister of that cocmplo 1a above ec as a consequence of Paragtaph c For which there is any obligation to share damages with or repay someone clse 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. 2 Property damage to property a Owned occupicd o used by b Rented to in the care custody or control of or over which phy purpose by ical control is being exercised for any you any of your cmployees any partner or member if you arc a partnership or joint venturc or any member if you arc a limited liability company. b Any person other than your employec or any organization while acting as your real cstate manager. c. Any person or organization having proper temporary custody of your property if you dic but only 1 With respect o liability arising out of the maintenance or use of that property and 2 Unil your legal representative has been appointed. d. Your legal representative if you die but only with respect to dutics as such. That representative will have all your rights and duties under this Coverage Part. 3. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such cquipment 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 cquipment 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 cocmployee 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 or any person who is an insured under this provision. CG 00010798 | 1 |
Railroad General Liability ri Surplus Insurance Corporation.. 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 o form the organization or the end of the policy period whichever is carlier b Coverage A docs not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B docs not apply to personal and advertising injury arising out of an offense committed before you acquired of formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insurcds b Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 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. 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. Subject to 2. or 3. above whichever applics 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 atising out of any one occurrence. 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 while rented to you or temporarily occupicd by you with permission of the owner. 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. o CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation The Limits of Insurance of this Coverage Part apply separately to each consceutive 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 Limit of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence o offense. I a chaim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we reccive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copics of any demands notices summonses or legal papers reccived in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim of defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person o organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation ot incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. b. 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 Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part of that are in excess of the applicable limit of insurance. An agreed setdement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when 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 c. below. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other bas a Thais Firc Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b Thatis Firc insurance for premises rented o you or temporarily occupicd by you with permission of the owner c Thatis insurance purchased by you to cover your liabili premises rented to you or temporarily occupicd by you with permission of the owner or as a tenant for property damage to d 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. 2 Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess we will have no duty under Coverages A or B to defend the insurcd 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. Wie 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 cqual shares we will follow this method also. Under this approach cach insurer contributes equal amounts until it has paid its applicable limit of insurance o none of the loss remains whichever comes fi CG 00010798 | 1 |
Railroad General Liability Liberty ri Surplus Insurance Corporation.. If any of the other insurance docs not permit contribution by equal shates we will contribute by limits. Under this method cach insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of cach audit period we will compute the carned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the carned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and. We have issued this policy in reliance upon your representations. 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 applics As if cach Named Insured were the only Named Insured and b Scparately to cach insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights arc transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V 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 putpose of attracting customers ot supporters. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or cquipment. But auto does not include mobile equipment. o CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. ph 3. Bodily injury means bodily injury. these at any time. sickness or discase sustained by a person including death resulting from any of Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to ot from any place not included in a. above or. All parts of the world if 1 The injury or damage arises out of a Goods or products made or sold by you in the territory described in. above or b 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 and 2 The insured s responsibility to pay damages is determined in a suit on the meriss in the teritory described in a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a remporary worket. Exccutive officer means a person holding any of the officer positions created by your charter cons laws or any other similar governing document. irution by 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. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b Your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any casement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality municipality cept in connection with work for a An clevator maintenance agreement CG 00010798 | 1 |
Surplus Insurance Corporation.. Railroad General Liability That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph. 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 fect of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepate or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engincer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architcctural or engincering activitics. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform dutics related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12 Mobile equipment means any of the following types of land vehicles including any attached machine equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power crancs shovels loaders diggers or dills o 2 Road construction or resurfacing equipment such as graders scrapers or rollers e Vehicles not described in a. b c. or d. above that are not self propelled and are maintained primarily to provide mobility to permancntly attached equipment of the following types o CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. 13. 14. 15. 16. o 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing cquipment or 2 Cherry pickers and similar devices used to raisc or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons of cargo. However sclf propelled vehicles with the following types of permanently attached equipment are not mobile cquipment but will be considered autos 1 Equipment designed primarily for Snow removal b Road maintenance but not construction or resurfacing or Strect cleanin 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 cquipment. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of onc or more of the following offenses False arest detention or imprisonment Malicious prosccution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupics committed by or on behalf of its owner landlord or lessor Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement Pollutants mean any solid liquid gascous or thermal irritant or contaminant including smoke vapor soot fames acids alkalis chemicals and waste. Waste includes material to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the carliest of the following times CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. 17. 18. 19. 20. When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Wiotk that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of s shall be deemed to occur at the time of the physical injury that caused it or b Loss of usc of tangible property that is not physically injured. Al such loss of use shall be deemed to occur at the time of the occurrence that caused it. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applics are alleged. Suit includes a. Anarbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your product means Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b Conainers other than vehicles materials parts or cquipment furnished in connection with such goods or products. Your product includes a. Warmantics or representations made at any time with respect to the fitness quality durability performance or use of your product and CG 00010798 | 1 |
Liberty ri Surplus Insurance Corporation Railroad General Liability b. The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 21 Your work means a. Work or operations performed by you or on your behalf and b Materials parts o cquipment furnished in connection with such work or operations. Your work includes a. Warmantics or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. In witness whereof the company has caused this policy to be signed by its President and its Secretary at Boston Massachusetts and countersigned by a duly authorized representative of the company. PRESIDENT VICE PRESIDENT and SECRETARY Christopher L. Peirce Mark C. Touhey CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Can 1. 6. B. Cha This cellation The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. Wi may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the cffective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the cffective date of cancellation if we cancel for any other reason. Wie will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the cffective date of cancellation. The policy period will end on that date. 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. If notice is mailed proof of mailing will be sufficient proof of notice. nges 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. C. Examination of Your Books and Records Wi 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. N Wi have the right to a. Make inspections and surveys at any time b Give you reports on the conditions we find and Recommend changes. Wie 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 CGL 1008 0103 | 2 |
Railroad General Liability Surplus Insurance Corporation.. E. 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 clevators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer of Your Rights And dutics 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 dutics as your legal representative. Uniil 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. CGL 1008 0103 | 2 |
347 Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 1 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT MINIMUM AND DEPOSIT PREMIUM MINIMUM EARNED PREMIUM The Deposit Premium is an estimated premium only. The final premium will be calculated according to the premium audit provision of this policy which is amended below. The Deposit Premium is calculated as follows Rate 10.94 Per 1000 of Revenue Estimated Exposure 2300000 Revenues Deposit Premium Rate times estimated Exposure 25156 TRIA Premium flat charge and not subject to audit 1258 Paragraph 5.b. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following Premium shown on the Declarations page as Deposit Premium is an estimated premium only. At the close of cach audit period we will compute the carned premium for that period based upon the actual exposure provided by an auditor or by you. If the audited carned premium is greater than the Deposit Premium the difference between them is due and payable to us immediately upon notice to the first Named Insured. If the Deposit Premium and the audited earned premium is less than the Minimum Premium we will not return any premium. In the event the policy is cancelled prior to the expiration date shown in Item 2 of the Declarations Page or if amended via endorsement the applicable pro rata or short rate of the Deposit Premium plus any additional premium added via endorsement or audited carned premium will apply whichever is greater. If the policy is cancelled within 90 days of the cffective date listed on the Declarations Page we will retain no less than 25 of the applicable pro raa or short rate of the Deposit Premium or audited carned premium whichever is greater. CGL 1016 0506 | 2 |
Surplus Insurance Corporation Railroad General Liability If the insured has sclected to purchase TRIA coverage a flat charge will apply. This amount is not auditable and will not affect cither the Deposit Premium or audited carned premium. In the case of cancellation the applicable pro rata or short rate of the TRIA Premium will apply. This endorsement does not change any other provision of the policy. CGL 1016 0506 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 2 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY WRITTEN CONTRACT WHO IS AN INSURED Section 1 is amended to include as an insured any person or organization with whom you have agreed to add as an additional insured by written contract but only with respect to liability arising out of your operations or premiscs owned by or rented to you. This endorsement does not change any other provision of the policy. CGL 1000 0103 | 2 |
Liberty ri Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 3 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT DUTIES IN THE EVENT OF AN OCCURRENCE CLAIM OR SUIT In addition to your obligations under Scction IV COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 2 Duties In The Event of Occurrence Offense Claim or Suit the following is added e Written notice of an occurrence or an offense which may result in a claim must be sent to Liberty International Underwriters Attn Casualty Claims 55 Water Street 23 Floor New York NY 10041 CASClaimslibertyiu.com This endorsement does not change any other provision of the policy. CGL 1317 1007 | 2 |
Liberty Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 4 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT WAR LIABILITY EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE A Exclusion i. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liabili replaced by the following 2. Exclusions This insurance does not apply to i. War Bodily injury or property damage however caused arising directly or indircctly out of a. War including undeclared or civil war or b Warlike action by a military force including action in hindering o defending against an actual or expected attack by any government sovercign or other authority using military personnel or other agents or c. Insurtection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. B The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Personal and advertising injury however caused arising directly or indircctly out of a. War including undeclared or civil war or b. Warlike action by a military force including action in hindering o defending against an actual or expected attack by any government sovercign or other authority using military personnel or other agents or N CGL 1039 1203 | 2 |
rance Railroad General Liability c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1039 1203 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 5 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. 6. W 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 non p yment of premium or b. 90 before the cffective date of cancellation if we cancel for any other reason. Wie will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the cffective date of cancellation. The policy period will end on that date. 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. If notice is mailed proof of mailing will be sufficient proof of notice. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1007 0103 | 2 |
Liberty Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 6 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following A If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule below. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Persons Organizations Email Address or Mailing Address Number Days Notice HollyFrontier Corporation or any of its o ISNetworld RAVS 30 affiliates or their employees officers or PO Box 192668 directors Dallas TX 75219 This endorsement does not change any other provision of the policy. 1 CGL 1385 1210 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 7 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS Scheduled Railroad Per Written Contract Designated Job Site All Jobs If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions Section is replaced by the following 9. Insured contract means a b. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any casement ot license agreement An obligation as required by ordinance to indemnify a municipali municipality except in connection with work for a An clevator maintenance agteement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. N CGL 1029 0403 | 2 |
Liberty ri Surplus Insurance Corporation.. Railroad General Liability Paragraph. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage atising out of A Preparing approving or failing to preparc or approve maps shop drawings opinions reports surveys ficld orders change orders o 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 2 Under which the insured if an architect engincer 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 1 above and supervisory i activitics. inspection architcctural or engincering All other terms conditions and exclusions of this Policy remain unchanged. I CGL 1029 0403 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 8 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE Our obligation under the Commercial General Liability Coverage Form to pay damages and Supplementary Payments on your behalf applics only to the sum of the amount of damages and Supplementary Payments in excess of any deductible amounts stated in the Commercial General Liability Declarations as applicable to such coverages and the limits of insurance applicable to cach occurrence or offense for such coverages will be reduced by the amount of such deductible Aggregate limits for such coverages shall not be reduced by the application of such deductible amount. The deductible amounts stated in the Commercial General Liability Coverage Part Declarations apply as follows a. Per Occurrence basis If the deductible is on a Per Occurrence basis the deductible amount applies to all damages and Supplementary Payments because of bodily injury property damage personal and advertising injury as a result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence o offense. b Per Claim basis If the deductible is on a Per Claim basis the deductible amount applies to all damages and Supplementary Payments because of bodily injury property damage and personal and advertising injury sustained by one person or organization as the result of any one occurrence or offense. 2. The terms of this insurance including those with respect to a. Our right and duty to defend any suits secking those damages and b Your dutics in the event of an occurrence claim or suit Apply irrespective of the application of the deductible amount. 3. You will not make or agree to a settlement without our written consent. 4. We may pay any pat or all of the deductible amount to effect settlement of any claim or suit or payment of any related Supplementary Payments. Upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1009 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 9 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This policy does not apply to bodily injury property damage or personal and advertising injury arising out of or related in any way cither directly or indircctly to 1. asbestos asbestos products asbestos containing materials or products asbestos fibers or asbestos dust including but not limited to manufacture mining use sale installation removal or distribution activitics exposure to testing for monitoring of cleaning up removing containing or treating of asbestos asbestos 2 to testing for monitoring of cleaning up. cont treating of asbestos asbest products asbestos containing materials or products asbestos fibers or asbestos dust or 3. any obligation to investigate settle or defend or indemnify any person against any claim or suit arising out of or related in any way cither ditectly or indircctly to asbestos products asbestos containing materials or products asbestos fibers or asbestos dust. This endorsement does not change any other provision of the policy. CGL 1102 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 10 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EMPLOYMENT RELATED PRACTICES 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 I Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any Refusal to employ that person b Termination of that person s cmployment or Employment related practices policics acts or omissions such as coercion demotion cvaluation reassignment discipline defamation harassment humiliation or discrimination dirccted at that person or e spouse child parent brother or sister of that person as a consequence of bodily injury to that 2 The sp hild parent brother or sister of that p q bodily injury to th person at whom any of the employment related practices described in Paragraphs 3 b or above is ditected. This exclusion applics 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 clse who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liabili This insurance does not apply to 2 CGL 1111 0103 | 2 |
Surplus Insurance Corporation.. Railroad General Liability Personal and advertising injury to 1 A person arising out of any Refusal to employ that person b Termination of that person s employment or Employment related practices policics acts or omissions such as coercion demotion cvaluation reassignment discipline defamation harassment humiliation or discrimination dirccted at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs b o above is 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 clse who must pay damages because of the injury. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1111 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 11 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTELLECTUAL PROPERTY RIGHTS This insurance does not apply to Any bodily injury property damage or personal and advertising injury arising out of or dircctly or indirectly related to the actual o alleged publication or utterance or oral or written statements which are claimed as an infringement violation or defense of any of the following rights or law 1. copyright other than infringement of copyrighted advertising materials 2. patens 3. trade secrets 4. trade dress o trade mark or service mark or certification mak or collective mark or trade name other than trademarked or service marked titles or slogans. This endorsement does not change any other provision of the policy. CGL 1114 0103 | 2 |
i Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 12 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION JOINT VENTURES Itis hereby agreed that this insurance does not apply to any liability atising from any joint venture. This endorsement does not change any other provision of the policy. CGL 11150103 | 2 |
i Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 13 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION KNOWN INJURY OR LOSS This insurance does not apply to bodily injury property damage personal and advertising injury which began prior to the inception date of this policy and which is alleged to continuc into the policy period. This exclusion applies whether or not D 2 The damage ot its cause was known to any insured before the inception date of this policy Repeated or continued exposure to condiions causing such bodily injury property damage or personal injury and advertising injury occurred during the policy period or caused additional or progressive bodily injury property damage or personal injury and advertising injury during the policy period or The insured s legal obligation to pay damages was cstablished as of the inception date of this policy. This endorsement does not change any other provision of the policy. CGL 1117 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 14 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD LIABILITY This insurance does not apply to D 2 Bodily Injury Property Damage Personal and advertising injury arising out of resulting from or in any way caused by or related to any actual alleged o threatened ingestion inhalation absorption of exposure to lead in any form and from any source or Any los to any cost expense liability or other type of obligation arising out of resulting from o in any way related a Claim suit request demand dircctive or order by or on behalf of any person entity or governmental authority that any Insured or others test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the cffects of lead in any form from any source or to any b Claim or suit by or on behalf of any person entity or governmental authority for damages or any other relicf or remedy because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing ot in any way responding to or assessing the cffects of lead in any form. This endorsement does not change any other provision of the policy. CGL 1119 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 15 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION MOLD MILDEW OR FUNGUS This insurance does not apply to Bodily Injury property damage or personal and advertising injury arising out of ot related in any way cither directly or indirectly to any actual alleged o threatencd inhalation discharge dispersal scepage migration absorption relcase exposure or escape of any mold mildew or fungus in any source at any time or Any loss cost expense liability or other type of obligation arising out of resulting from or in any way related directly o indircctly to any claim suit investigation or administrative proceeding brought by or on behalf of any person entity or government authority for damages or any other relief or remedy because of testing for monitoring cleaning up removing containing treating detoxifying neutralizing o in any way responding to or assessing the cffects of mold mildew o fungus in any form from any source at any time. All other terms and conditions of this policy remain unchanged. CGL 11220103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 16 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NUCLEAR ENERGY LIABILITY This endorsement changes the policy as follows This policy does not apply to A Any liability or loss costs 1. with respect to which any Insured under this policy is also an Insured under a nuclear energy liability policy issucd by Nuclear Encrgy Liability Insurance Association Mutual Atomic Encrgy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or 2. resulting from the hazardous properties of nuclear material and with respect to which a a person or organization is required to maintain financial protection pursuant to the Atomic Encrgy Act of 1954 or any law amendatory thereof or b any Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thercof with any person or organization. B. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material 1. the nuclear material a isatany nuclear facility owned by or operated by or on behalf of any Insured or b has been discharged or dispersed therefrom 2. the nuclear material is contained in spent fucl or nuclear waste at any time possessed handled used processed stored transported or disposed of by o on behalf of any Insured or 3. the injury or nuclear property damage arises out of the furnishing by any Insured of services materials parts or cquipment 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 Ametica its territorics or possessions or Canada this Exclusion B.3. applics only to nuclear property damage to such nuclear facility and any property thercin N CGL 1123 0103 | 2 |
Railroad General Liability Surplus Insurance Corporation.. As used in this Exclusion 6. Hazardous propertics include radioactive toxic or explosive propertics. Nuclear facility means a any nuclear reactor. b any cquipment o device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fucl or 3 handling processing or packaging nuclear wastc any cquipment or device used for the processing fabricating o 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 thercof or more than 250 grams of uranium 235 d any structure basin cxcavation premises or place prepared or used for the storage or disposal of nuclear 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 material means source material special nuclear material or by product material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. 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. Nuclear Waste means any nuclear waste material a containing by product material other than the tailings of nuclear 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 within the definition of nuclear facility under Paragraph 2a or 2b. 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 thercof. Spent fucl means any fuel clement or fucl component solid or liquid which has been used o ex to radiation in a nuclear reactor. posed This endorsement does not change any other provision of the policy CGL 1123 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 17 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICOSIS The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability 2. Exclusions This insurance does not apply to Silica or Silica Related Dust Bodily injury arising in whole or in pat out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the cffects of silica or silica related dust by any insured or by any other person or cntity. A The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal and Advertising Injury Liability Silica or Silica Related Dust Personal and advertising injury arising in whole or in patt out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or Any lost cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the cffects of silica or silica related dust by any insured or by any other person or cntity. B. The following definitions are added to the Definitions Section CGL 1137 0705 | 2 |
rance Corporation Railroad General Liability 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. This endorsement does not change any other provision of the policy. CGL 1137 0705 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 18 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION TOTAL POLLUTION Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liab replaced by the following This insurance does not apply to Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal scepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify o neutralize or in any way respond to or assess the cffects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the cffects of pollutants. This endorsement does not change any other provision of the policy. N CGL 1129 0103 | 2 |
e F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 19 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT SUBJECT TO A POLICY AGGREGATE LIMIT SCHEDULE SCHEDULE Designated Construction Projects On file with company If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable o this endorsement. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A SECTION 1 which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applics to cach designated construction project and that limit is cqual to the amount of the General Aggregate Limit shown in the Declarations. 2. The overall Policy Aggregate Limit scheduled in the Declarations is the most we will pay for the sum of all Designated Construction Project General Aggregate Limits. 3. Subject to the Policy Aggregate Limit the Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A except damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of a Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 4. Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Subject to the Policy Aggregate Limit such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CGL 1011 0103 | 2 |
Surplus Insurance Corporation.. Railroad General Liability 5. The limits shown in the Declarations for Each occurrence continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and Policy Aggregate Limit. B. Forall sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A SECTION 1 which can not be attributed only to operations at a single designated construction project shown in the Schedule above 1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit Designated Construction Project General Aggregate Limit nor Policy Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authotized contracting partics deviate from plans blucprints designs specifications or fimetables the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance SECTION III not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1011 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 20 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE AND NOTICE OF OCCURRENCE CLAIM OR SUIT Itis hereby agreed that Section IV CONDITIONS. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Item 2 a. is amended by the addition of the following language. Knowledge of any occurrence claim or suit by any agent servant or employee of the insured does not constirute knowledge by the insured unless notice of such occurrence claim or suit has been received by an officer of the Named Insured. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1028 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 21 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED Item 1. Named Insured is hereby amended on the Policy Declarations Page to include the following Enmotion Holdings LLC Enmotion Corporate Services LLC This endorsement does not change any other provision of the policy. CGL 1030 0203 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surplusn Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 22 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL CONDITIONS FOR SUBCONTRACTORS ENDORSEMENT As a condition precedent o an insured s coverage under this Policy for covered liability resulting from a subcontractor working on its behalf in addition to the terms and conditions of the Policy the insured must satisfy the additional requirements noted below 1. Certificates of insurance with limits of liability equal to or greater than those provided by this policy underwritten by an insurance company with at least an A VI Best rating as defined by A.M. Best will be obtained from all subcontractors prior to commencement of any work performed for the insured. Insurance must be maintained during the policy period listed on this policy s declaration page. Nove If this palicy provides a per location per project aggregate subcontractor policy must provide the same. 2. The insured will obtain hold harmless or similar indemnity agreements from subcontractors indemnifying you against all losses for work performed for the insured by any and all subcontractors. 3. The insured will be named as Additional Insured on all subcontractors General Liability policies. Failure to comply with the above conditions will result in the following I a chaim s charged to this policy duc to a subcontractors operations an increased deductible or SIR whichever is listed on the Declarations page of this policy of 10000 will apply for any such losscs. Commercial General Liability coverage maintained by subcontractors shall be primary and this policy shall be excess of limits of liability of such insurance notwithstanding the language of the Other Insurance provisions of this policy. All other terms and conditions of this Policy remain unchanged. CGL 1024 0506a | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 23 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP EMPLOYERS LIABILITY COVERAGE Bodily Injury by Accident Limit 2000000 Bodily Injury by Discase Limit 2000000 Bodily Injury by Disease Policy Limit 2000000 If no entry appears above the information required to complete this endorsement will be shown in the Declarations as applicable o this endorsement. A The following is added to Section I Coverages COVERAGE STOP GAP EMPLOYERS LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated by Washington Wyoming Notth Dakota Ohio Pucrto Rico or US. Virgin Islands Law to pay as damages because of bodily injury by accident or bodily injury by discase to your employee to which this insurance applics. We will have the right and duty to defend the insured against any suit sceking those damages. However we will have no duty to defend the insured against any suit secking damages to which this insurance does not apply. We may at our discretion investigate any accident and settle any claim or suit that may result. Bue 1 The amount we will pay for damages is limited as described herein 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 Coverage A Coverage B or this coverage. No other obligation o liability to pay sums o perform acts or services is covered unless explicitly provided for under Supplementary Payments. b This insurance applics to bodily injury by accident or bodily injury by discase only if 1 The Bodily injury by accident or bodily injury by discase takes place in the coverage territory CGL 1203 1209 | 2 |
Railroad General Liability c Bodily injury by accident or bodily injury by discase arises out of and in the course of the injured employee s employment by you and Employee at the time of the injury was covered under a worker s compensation policy and subject to a workers compensation law of Washington Wyoming North Dakota Ohio Puctto Rico or USS. Virgin Islands and Bodily injury by accident is caused by an accident that occurs during the policy period o Bodily injury by discase is caused by or aggravated by conditions of employment by you and the injured employec s last day of last exposure to the conditions causing o aggravating such bodily injury by discase occurs during the policy period. The damages we will pay where recovery is permitted by law include damages 1 For b Which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your cmployce Care and loss of services and Consequential bodily injury by accident or bodily injury by discase to a spouse child parent brother or sister of the injured cmployee provided that these damages are the direct consequence of bodily injury by accident or bodily injury by discase that arises out of and in the course of the injured cmployec s employment by you and 2 Because of bodily injury by accident or bodily injury by discase to your cmployee that arises out of and in the course of employment claimed against you in a capacity other than as employer. Exclusions This insurance does not apply to a. Intentional Injury Bodily injury by accident or bodily injury by discase intentionally caused or aggravated by you or bodily injury by accident or bodily injury by disease resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to occur. Fines Or Penalties Any assessment penalty or fine levied by any regulatory inspection agency or authority. Statutory Obligations Any obligation of the insured under a workers compensation disability bencfits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by you under any contract or agreement. Violation Of Law KN CGL 1203 1209 | 2 |
ri Surplus Insurance Corporation Railroad General Liability Bodily injury by accident or bodily injury by disease suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your exccutive officers. f. Termination Coercion Or Discrimination Damages arising out of cocrcion criticism demotion evaluation reassignment discipline defamation harassment humiliation discrimination against or termination of any cmployee or arising out of other employment or personnel decisions concerning the insured. g Failure To Comply With Workers Compensation Law Bodily injury by accident or bodily injury by disease to an employee when you are 1 Deprived of common law defenses or 2 Otherwise subject to penalty because of your failure to secure your obligations or other failure to comply with any law. h. Violation Of Age Laws Or Employment Of Minors workers compensation Bodily injury by accident or bodily injury by discase suffered or caused by any person 1 Knowingly employed by you in violation of any law as to age or 2 Under the age of 14 years regardless of any such law. i. Federal Laws Any premium assessment penalty fine benefit liability or other obligation imposed by or granted pursuant to 1 The Federal Employer s Liability Act 45 USC Section 51 60 2 The Non appropriated Fund Instrumentalities Act 5 USC Sections 8171 8173 3 The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 The Outer Continental Shelf Lands Act 43 USC Section 1331 1356 5 The Defense Base Act 42 USC Scctions 1651 1654 6 The Federal Coal Mine Health and Safety Act of 1969 30 USC Scctions 901 942 7 The Migrant and Seasonal Agriculrural Worker Protection Act 29 USC Sections 1801 1872 8 Any other workers compensation unemployment compensation or disability laws or any similar law or 9 Any subsequent amendments to the laws listed above. j. Crew Members Bodily injury by accident or bodily injury by discase to a master or member of the crew of any vessel o any member of the flying crew of an aircraft. B. The Supplementary Payments provisions apply to Coverage Stop Gap Employers Liability as well as to Coverages Aand B. C. For the purposes of this endorsement Section 1 T Who Is An Insured is replaced by the following If you are designated in the Declarations as K CGL 1203 1209 | 2 |
Surplus Insurance Corporation.. Railroad General Liability 1. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture you arc an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3. Alimited liability company you arc an insured. Your members are also insurcds but only with respect to the conduct of your business. Your managers arc insureds but only with respect to their duties as your managers. 4. An organization other than a partnership joint venture or limited liability company you arc 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 s stockholders. 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. D. For the purposes of this endorsement Section 111 Limits Of Insurance is replaced by the following The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of a Insureds b Claims made or suits brought or Persons or organizations making claims or bringing suits. 2. The Bodily Injury By Accident Each Accident Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance because of bodily injury by accident to one or more employees in any one accident. 3. The Bodily Injury By Discase Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance and arising out of bodily injury by discasc regardless of the number of cmployees who sustain bodily injury by discasc. 4. Subject to Paragraph D.3. of this endorsement the Bodily Injury By Discase Each Employec Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of bodily injury by discase to any one employee. The General Aggregate Limit is the most we will pay for the sum of damages under Coverage A Coverage B and this coverage except damages because of injury and damage included in the products completed operations hazard. The limits of the coverage apply separately to cach 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. E. For the purposes of this endorsement Condition 2. Duties In The Event Of Occurrence Claim Or Suit of the Conditions Section IV is deleted and replaced by the following 2. Duties The Event Of Injury Claim Suit. You must sce to it that we or our agent are notified as soon as practicable of a bodily injury by accident or bodily injury by discase which may result in a claim. To the extent possible notice should include K CGL 1203 1209 | 2 |
Surplus Insurance Corporation... N B Railroad General Liability 1 How when and where the bodily injury by accident or bodily injury by disease took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any inju b If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify s as soon as practicable. You must see to it that we reccive written notice of the claim or suit as soon as practicable. Youand any other involved insured must 1 Immediately send us copics of any demands notices summonses or legal papers received in connection with the injury claim proceeding or suit 2 Authorize us to obtain records and other information 3 Cooperate with us and as defense against the suit ist us as we may request in the investigation or settlement of the claim or 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 to which this insurance may also apply and 5 Do nothing after an injury occurs that would interfere with our right to recover from others. d. Noinsured 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. F. For the purposes of this endorsement Paragraph 4. of the Definitions Scction is replaced by the following 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b International waters or aitspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or in All other parts of the world if the injury or damage arises out of the activities of a person whose home is the territory described in a. above but who s away for a short time on your business provided the insured s responsibility to pay damages is determined in the United States including its territories and possessions Pueto Rico or Canada in a suit on the merits according to the substantive law in such territory o in a settlement we agree to. G. The following are added to the Definitions Section 1. Workers Compensation Law means the Workers Compensation Law and any Occupational Discase Law of Wiashington Wyoming Notth Dakota Ohio Pucrto Rico or U.S. Virgin Islands. This does not include provisions of any law providing non occupational disability benefi 2. Bodily injury by accident means bodily injury sickness or discase sustained by a person including death resulting from an accident. A discase is not bodily injury by accident unless it results dircctly from bodily injury by accident. K CGL 1203 1209 | 2 |
dadt Liberty ra Surplus Insurance Corporation Railroad General Liability 3. Bodily injury by discase means a discase sustained by a person including death. Bodily injury by discase does not include a discase that results directly from an accident. H. For the purposes of this endorsement the definition of bodily injury docs not apply. All other terms conditions and exclusions of this Policy remain unchanged. K CGL 1203 1209 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 24 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Itis hereby agreed that Section 1V item 8. Transfer of Rights of Recovery Against Others to Us is modified as follows SCHEDULE Name of Person or Organization As tequired by written contract. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable o this endorsement. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following Wie waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization. This waiver applics only to the person or organization shown in the Schedule above. This endorsement does not change any other provision of the policy. N CGL 1025 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 25 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following SECTION IV COMMERCIAL GENERAL LIABILITY PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS ITEM 6. Representations is changed to the following Itis agreed that failure of the Insured to disclose all hazards existing as of the inception o rencwal date of this policy or ctrors or omissions in applications declarations schedules endorsements or other documents shall not prejudice the Insured with respect to the coverage afforded by this policy as long as such failure crrors or omissions are unintentional. This endorsement does not change any other provision of the policy. CGL 1302 0107 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 26 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CROSS SUITS Itis hereby agreed that this insurance does not apply to Any claim or suit by or from any Named Insured covered under this policy against any other Named Insured covered under this policy. This endorsement does not change any other provision of the policy. CGL 1105A 1004 | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 27 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modified insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to cither or both of the following operations a. Engincering architectural or surveying services in your capacity as an engincer architect or surveyor and b Providing or hiring independent professionals hired by you to provide engincering architectural or surveying services in connection with construction work you perform. 2. Subject to Paragtaph 3. below professional services include a. Preparing approving or failing to prepate or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b Supervisory or inspection activitics performed as part of any related architectural or engincering activitics. 3. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. This endorsement does not change any other provision of the policy. CGL 1104 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 28 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED ENDORSEMENT Itis agreed that Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any business entity incorporated or organized under the laws of the United States of America including any State thercof its territories or possessions or Canada including any Province thereof in which the Named Insured shown in the Declarations owns during the policy period an interest of more than 50 percent. If other valid and collectible insurance is available to any business entity covered by this policy solely by reason of ownership by the Named Insured shown in the Declarations in excess of 50 percent this insurance is excess over the other insurance whether primary excess contingent or any other basis. This endorsement does not change any other provision of the policy. CGL 1386 0211 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 29 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY REDEFINED The definition of bodily injury in DEFINITIONS is amended as follow Bodily injury means physical injury physical sickness or physical discase sustained by any one person including death there from. Bodily injury does not include shock or emotional mental or psychological distress injury trauma or anguish or other similar condition unless such condition results solely and directly from prior p sickness or physical discase otherwise covered under this insurance. ysical injury physical This endorsement does not change any other provision of the policy. CGL 1325 1207 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 30 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Itis hereby agreed that Section 1V item 8. Transfer of Rights of Recovery Against Others to Us is modified as follows SCHEDULE Name of Person or Oroanization SCHEDULE Name of Person or Organization i Plains Matketing LP ii. Plains Pipelinc LP i Plains Midstream Canada ULC iv. Pacific Pipeline System LLC Rocky Mountain Pipeline System LLC Plains Products Terminals LLC Palins Gas Solutions LLC Plains Pipeline North Dakota LLC If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following Wi waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization. This waiver applics only to the person o organization shown in the Schedule above. This endorsement does not change any other provision of the policy. CGL 1025 0103 | 2 |
d SurplusInsurance Corporation Railroad General Liability 7 LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 31 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCLOSURE TERRORISM RISK INSURANCE ACT THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or clsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a deductible amount specified in the Act the federal government will reimburse the insurer for the Federal Share of losses paid in excess of the deductible but only if aggregate industry losses from such acts exceed the Program Trigger. The Federal Share and Program Trigger by calendar year arc Calendar Year Federal Share Program Trigger 2015 85 100000000 2016 84 120000000 2017 83 140000000 2018 82 160000000 2019 81 180000000 2020 80 200000000 Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses N TRIA N004 0315 Program Trigger 100000000 120000000 140000000 160000000 180000000 200000000 r Year | 2 |
Surplus Insurance Corporation Railroad General Liability that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. I TRIA N004 0315 | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 32 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifics insurance provided under the above captioned policy. A. Cap on Certified Act of Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Sccretary of Homeland Sccurity and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act s a violent act or an act that is dangerous to human lie property or infrastructure and is committed by an individual or individuals as part of an cffort 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 the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. Application of Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy. TRIA E002 0315 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
347 Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafier the Company ENDORSEMENT NO. 33 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE Whenever coverage provided by this policy would be in violation of any U.S. cconomic or trade sanctions such as but not limited to those sanctions administered and enforced by the U.S. Treasury Department s Office of Forcign Assets Control OFAC such coverage shall be and void. Similarly any coverage relating to or referred to in any certificates or other evidences of insurance or any chaim that would be in violation of U.S. cconomic or trade sanctions as described above shall also be and void. N OFAC 0809 | 2 |
d SurplusInsurance Corporation Railroad General Liability 7 LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafier the Company ENDORSEMENT NO. 34 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CLAUSE OKLAHOMA This endorsement modifies insurance provided under the following ALL COVERAGE PARTS IN THIS POLICY The Liberty Surplus Insurance Cotporation hereby appoints the Corporation Service Company 115 S.W. 89th Strect OKlahoma City OK 73139 8511 as the true and lawful attorney of Liberty Surplus Insurance Corporation in and for the aforesaid State upon whom all lawful process may be served in any action suit or proceeding instituted in the State of OKlahoma against the Liberty Surplus Insurance Corporation arising out of the insurance policy to which this provision is attached provided a copy of any process suit complaint or summons is sent by certified or registered mail to Mark C. Touhey Vice President and Secretary Liberty Surplus Insurance Corporation 175 Berkeley St. Boston MA 02116 N 8C2 907 | 2 |
Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 9184605 05 Named Insured and Mailing Address JEREMIAS INC. 983 INDUSTRIAL PARK DR MARIETTA GA 30062 2434 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 9184605 04 Producer and Mailing Address JOHNSON KENDALL JOHNSON INC 109 PHEASANT RUN NEWTOWN PA 18940 1820 Producer Code 03065 000 Policy Period Coverage begins 01 01 2019 at 1201 AM. Coverageends 01 01 2020 at 1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 8338.00 This premium does not include Taxes and Surcharges. Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 NERAL LIABILITY COVERAGE PREMIUM 8338.00 ssued by ZURICH AMERICAN INSURANCE COMPANY | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. e fmpfon D ke President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com e President 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9184605 05 ZURICH AMERICAN INSURANCE COMPANY Named Insured JEREMIAS INC. Policy Period Coverage begins 01 01 2019 at1201 AM. Coverage ends 01 01 2020 at 1201 AM. Producer Name JOHNSON KENDALL JOHNSON INC Producer No. 03065 000 Item 1. Business Description HEATING EQUIPMENT MFG. ELECTRIC Item 2. Limits of Insurance The Limits of Insurance stated below are the most available to pay damages medical expenses and allocated loss adjustment expenses covered by this policy. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. umITs GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT S 1000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT S 100000 Any one premises MEDICAL EXPENSE LIMIT S 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Form of Business and Location Premises CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 4. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 5. Premiums Coverage Part Premium 9545 Other Premium Total Premium 9545 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9184605 05 ZURICH AMERICAN INSURANCE COMPANY Named Insured JEREMIAS INC. Policy Period Coverage begins 01 01 2019 at1201 AM. Coverage ends 01 01 2020 at 1201 AM. MITS GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 EACH OCCURRENCE LIMIT S 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization U GLD1286 A CW 0906 Page 10f 1 | 2 |
Policy Number GLO 9184605 05 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured JEREMIAS INC. Effective Date 01 01 19 1201 A.M Standard Time Agent Name JOHNSON KENDALL JOHNSON INC AgentNo. 03065 000 COMMON GENERAL LIABILITY FORMS AND ENDORSEMENTS U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GL D1286 A CW 09 06 COMMERCIAL GEN LIAB COVERAGE PART DEC U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GL1114 A CW 10 02 DESIGNATED SUBSTANCES AND RISKS EXCLUSION U GL1114 A CW 10 02 LARGE DEDUCTIBLE LIABILITY ENDORSEMENT U GL1287 B CW 04 13 COMMERCIAL GEN LIAB COVERAGE FORM U GL1063 A CW 12 01 FUNGUS EXCLUSION ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 F CW 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL1205 B CW 01 08 WELDING HEALTH HAZARD EXCLUSION U GL1331 A CW 01 08 DEDUCTIBLE ADDITIONAL COVERAGES U GL1342 A CW 10 07 LEAD LIABILITY EXCLUSION U GL1517 B CW 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL U GL441 B 12 01 AIRCRAFT PROD. GROUNDING TESTING EXCL U GL908 B 08 04 AIDS EXCLUSION U GL911 B 09 05 CLAIM SERIES ENDORSEMENT U GL914 B 08 04 ELECTROMAGNETIC RADIATION EXCL. ENDT U GL923 B 06 04 SILICA OR SILICA MIXED DUST EXCLUSION U GU739 A DEFENSE WITHIN LIMITS NOTICE INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGES POLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT GEORGIA CHANGES CANC NONRENL U GU298 B CW CANCELLATION BY US U GU630 D CW DISCLOSURE OF INFO RELATING TO TRIA U GU1191 A CW SANCTIONS EXCLUSION ENDORSEMENT U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 9184605 05 SCHEDULE OF FORMS AND ENDORSEMENTS rich American Insurance Company Effective Date 01 01 1 1201 A.M Standard Tin OMMUN GENERAL LIAPLLILY FURMS AND BNDURoOLMENLOS GU D310 A GU319 F GL D1286 A CW GU619 A CW GL1114 A CW GL1114 A CW GL1287 B CW GL1063 A CW GL1171ACW GL1175 F CW GL1178ACW GL1205 B CW GL1331 A CW GL1342 A CW GL1517 B CW GL441 B CW Crrraaaaaaanng N S GU298 B CW GU630 D CW GU1191 A CW COMMON POLICY DECLARATIONS IMPORTANT NOTICE IN WITNESS CLAUSE COMMERCIAL GEN LIAB COVERAGE PART DEC SCHEDULE OF FORMS AND ENDORSEMENTS DESIGNATED SUBSTANCES AND RISKS EXCLUSION LARGE DEDUCTIBLE LIABILITY ENDORSEMENT COMMERCIAL GEN LIAB COVERAGE FORM FUNGUS EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION ADDL INSD AUTO OWNERS LESSEES CONTRACTR ASBESTOS EXCLUSION ENDORSEMENT WELDING HEALTH HAZARD EXCLUSION DEDUCTIBLE ADDITIONAL COVERAGES LEAD LIABILITY EXCLUSION RECORD OR DISTRB OF MATRL OR INFO EXCL ATRCRAFT PROD. GROUNDING TESTING EXCL AIDS EXCLUSION CLAIM SERIES ENDORSEMENT ELECTROMAGNETIC RADIATION EXCL. ENDT SILICA OR SILICA MIXED DUST EXCLUSION DEFENSE WITHIN LIMITS NOTICE INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGESPOLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT GEORGIA CHANGES CANC NONRENL CANCELLATION BY US DISCLOSURE OF INFO RELATING TO TRIA SANCTIONS EXCLUSION ENDORSEMENT | 2 |
Z ZURICH ZURICH Exclusion Designated Substances and Ri Policy number GLO 9184605 05 Named Insured Effective date Jeremias Inc. 01012019 Agent name Agent number JOHNSON KENDALL JOHNSON INC 03065000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the following COMMERCIAL GENERAL LIABILITY Exclusion Designated Substances and Risks It is agreed that such insurance as is afforded by this policy does not apply to and we have no duty with respect to any loss claim or suit for damages because of bodily injury or property damage arising out of or related in any way to Chlorohydrocarbons CHCs Chlorofluorocarbons CFCs Diacetyl sible spongiform encephalopathies TSE such as bovine spongiform vCID Transfer of pathogens c.g. prions in the area of transmi encephalopathy BSE or variant Creutzfeld Jakob dis Silicon based or other implants to the human body Tobacco and tobacco products Urea formaldehyde PCB Polychlorinated Biphenyl Genetically Modified Organisms GMOs including but not limited to Manufacturers of GMOs Companies required by law to register or obtain authorization for their handling of GMOs Animal feed manufacturers Seed growers Operators of mills Manufacturing andor selling firearms Latex Diethylstilbestrol DES Oxychinolines SMON Drugs affecting pregnancy contraceptives abortifacients RU486 etc. Human biological material e.g. blood plasma plasma proteins immunoglobins cells tissue organs urine or excretions etc. Vaccines and inoculations Fenfluramine dexfenfluramine and phentermine alone or in combination with other active substances which induce an increase in serotonin levels Thimerosal Merthiolat Natriumtimerfonat Mercury sodium methyl thiosalicilate Fluoxetine Phenylpropanolamin PPA Methylphenidat Troglitazone U GL1114 A CW 1104 U GL1114 A CW 1104 Page 1 of 2 | 2 |
Statine and fibrates Oxycodone Oxycontin Dietary supplements or products for physical performance enhancement containing Ephedra respectively Ephedrine Pseudoephedrine Amiodarone Askarel Bromocriptine Butorphanol Cisapride Dioxins and Furans IsoTretinoin Paroxetine Piper Methysticum Pyralene Terfenadine Thalidomide COX2 Inhibitors Hormone Replacement Therapy Drugs or Products Development Manufacturing Sale andor Distribution of Pharmaceutical products active ingredients additives fillers or medical implants Clinical Trials any product that is undergoing or subject to clinical trials S.ARS. Chrome Copper Arsenate U GL1114 A CW 1104 Page2 of 2 | 2 |
Countersigned Authorized Representative U GL1114 A CW 1104 Page 3 of 2 | 2 |
Z ZURICH Large Deductible When Allocated Loss Adjustment 2 Expenses are Included in Limits of Insurance Policy No. Eff. Date of Eff. Date of Pol. End. GLO 9184605 05 01012019 01012019 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifi Commercial General Liability Coverage Part Employee Benefits Liability Coverage Part Liquor Liability Coverage Part Stop Gap Employers Liability Coverage Part insurance provided under the DEDUCTIBLE SCHEDULE Coverage Deductible Amount Basis Coverage A. Bodily Injury and Property Damage Liability All persons or organizations 12142 Each Occurrence Bodily Injury Liability Only All persons or organizations Each Occurrence Property Damage Liability Only All persons or organizations Each Occurrence Coverage A. Bodily Injury and Property Damage Liability Each Claim Bodily Injury Liability Only Each Claim Property Damage Liability Only Each Claim Coverage B. Personal and Advertising Injury Liability By offense Any one person or organization 12142 Each Occurrence Coverage C. Medical Payments Any One Person Additional Employee Benefits Liability Coverage Each Act Error or Omission Additional Liquor Liability Coverage Each Common Cause Additional Stop Gap Employers Liability Each Accident Coverage Stop Gap Employers Liability disease Each Employee Aggregate Deductible Amount Adjustable at a rate of per. of Flat Initial Exposure Minimum Aggregate Deductible Amount Jeremias Inc. UGL 1114 Large Deductible 2019.doc U GL1326 ACW62007 Page 10f 5 | 2 |
ALLOCATED LOSS ADJUSTMENT EXPENSE SELECTION SCHEDULE Select One Option 1 X As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will contribute toward your Deductible Amount and your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 2 As respects each Deductible Amount you will reimburse us for allocated loss adjustment expense as follows a If the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount is equal to or less than the Deductible Amounts or if there is no amount payable other than allocated loss adjustment expense then you will reimburse us for all allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule or b If the total amount payable for other than allocated loss adjustment expense exceeds the Deductible Amount you will reimburse us a pro rata share of total allocated loss adjustment expense based on the ratio of the Deductible Amount divided by the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 3 As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. If no option is selected Option 3 will apply. A. How the Deductible Amount Applies You will reimburse us for the Deductible Amounts shown in the Deductible Schedule and for allocated loss adjustment expenses incurred based on the Allocated Loss Adjustment Expense Selection Schedule. The Deductible Amounts applies as follows 1. If an Each Occurrence Deductible is shown the Deductible Amount applies to all sums payable because of any one Occurrence regardless of the number of persons or organizations who sustain damages because of that Occurrence. 2. If an Each Claim Deductible is shown the Deductible Amount applies to all sums payable for each claim sustained by any one person or organization. a. For Other than Coverage B to all sums payable for each claim sustained by any one person or organization and b. For Coverage B to all damages sustained by any one person or organization as the result of an offense. 3. Medical Payments If an Any One Person limit is shown the Deductible Amount applies to all sums payable to any one person as a result of an accident sustained by that person. 4. Employee Benefits Liability If an Each Act Error or Omission Deductible is shown the Deductible Amount applies to all sums payable for all damages sustained by any one Employee including the Employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of employee benefit programs. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page20f 5 | 2 |
5. Liquor Liability If a Common Cause Deductible is shown the Deductible Amount applies to all sums payable for all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to any one person. 6. Stop Gap Employers Liability If an Each Accident Deductible is shown the Deductible Amount applies to all sums payable as the result of an accident regardless of the number of people who sustain damages because of that accident. 7. Stop Gap Employers Liability discase If an Each Employee Deductible is shown the Deductible Amount applies to all sums payable because of any one discase and applies separately to cach affected Employee. B.Large Deductible Provisions 1. If more than one Deductible Amount applies to sums payable arising from the same incident because more than one Coverage applies you will be responsible for each and every applicable Deductible Amount. 2. Deductible Amounts 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. 3. Your obligation to pay the Deductible Amounts shown on this policy is not fulfilled by a. The payment of a Deductible Amount under any other policy or b. Any payment made by us or another insurance company even if 3.a. or 3.b. above applies to the same incident as the Deductible Amount due under this policy. 4. If more than one policy issued by us applies to sums payable because of a single continuous incident the Deductible Amounts applies separately to each policy that we issue to which this endorsement or a similar Large Deductible Endorsement applies. Deductible Amounts also apply separately to each annual period and any remaining period of less than 12 months as described in B.2. above. 5. Ifa Coverage Part or Additional Coverage of this policy specifically applies a separate deductibles a. the separate additional deductible amount applies to any loss separately and before the Deductible Amounts shown on the Schedule of this endorsement and b. the Deductible Amounts shown on the Schedule of this endorsement applies only if the loss exceeds the separate additional deductible amount described in 5.a. above subject to the other terms and conditions of this endorsement. C. Aggregate Deductible Amount 1. The Aggregate Deductible Amount shown in the Deductible Schedule is the most you must reimburse us for the sum of a. all applicable Deductible Amounts as shown in the Deductible Schedule and b. all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above. This single Aggregate Deductible Amount applies to the entire policy period and to any remaining extension period. 2. Ifan Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as adjustable the final Aggregate Deductible Amount will be determined at the end of the policy period by an audit of your records and will be based upon the Rate shown in the Deductible Schedule multiplied by the final audited Exposure. The amount shown in the Deductible Schedule as the Aggregate Deductible Amount is an estimated amount and is based on an estimate of what the audit of your records will develop. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page 3of 5 | 2 |
D. In no event will the final audited Aggregate Deductible Amount be less than the Aggregate Deductible Amount shown in the Deductible Schedule unless a Minimum Aggregate Deductible Amount is shown in the Deductible Schedule. If a Minimum Aggregate Deductible Amount is shown the final audited Aggregate Deductible Amount will not be less than the Minimum Aggregate Deductible Amount. If an Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as Flat the Aggregate Deductible Amount will not be adjusted. In no event will the Flat Aggregate Deductible Amount be less than or more than the Aggregate Deductible Amount shown in the Deductible Schedule. If no Aggregate Deductible Amount is stated in the Deductible Schedule then your obligation to reimburse us for the sum of all applicable Deductible Amounts as shown in the Deductible Schedule and all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above is unlimited. Allocated Loss Adjustment Expense Reimbursement In accordance with the Allocated Loss Adjustment Expense Selection Schedule 1. If Option 1 is selected allocated loss adjustment expense reimbursements made by you contribute to your Deductible Amount and Aggregate Deductible Amount. If Option 2 or Option 3 is selected then you will reimburse us for all or pro rata allocated loss adjustment expense as may apply in accordance with the Allocated Loss Adjustment Expense Selection Schedule above even if the Deductible Amount or the Aggregate Deductible Amount if applicable is exceeded. E.Application of the Deductible Amount to Payable Amounts 1. 2. You will reimburse us for allocated loss adjustment expense according to the option selected in the Allocated Loss Adjustment Expense Selection Schedule. Upon settlement or final adjudication of a claim we will apply the Deductible Amount against payable amounts as follows a. Sums other than those attributable to allocated loss adjustment expense then b. Allocated loss adjustment expense already reimbursed by you then c. Allocated loss adjustment expense yet to be reimbursed by you if applicable. F. Effect of Deductible Amount on Limits of Insurance G. The applicable limits of insurance for the coverage part to which a Deductible Amount applies will be reduced by the Deductible Amount and allocated loss adjustment expense. Conditions 1. Voluntary Payments If you voluntarily make any payment assume any obligation or incur any expense without our consent then you do so at your own cost. Any such voluntary payment assumed obligation or incurred expense does not contribute towards any applicable Deductible Amounts or Aggregate Deductible Amount under this policy. Application of Recovered Amounts rance to recover sums that are reimbursable ury or damages. You will do everything We have your rights and the rights of persons entitled to the benefits of this ins under this endorsement and any Deductible Amount from anyone liable for the i necessary to protect those rights for us and to help us enforce them. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page 4 0f 5 | 2 |
If we recover any payment made under this policy from anyone liable for injury or damages the recovered amount will first be applied to any payments made by us in excess of the Deductible Amount. The remainder of the recovery if any will then be applied to reduce the Deductible Amount reimbursed or reimbursable by you as respects that injury or damages. Payment of Amounts Owed Under This Endorsement a. We may pay any part or all of any Deductible Amounts or allocated loss adjustment expense to effect settlement of any claim and upon notification of the action taken you will reimburse us for such part of any Deductible Amounts or allocated loss adjustment expense as shown on the billing from us. You must pay us for all amounts for which you are responsible under this endorsement and reimburse us for any such amounts that we pay by the due date shown on the billing from us. b If you fail to reimburse us for any amounts as required by this endorsement or policy we may cancel this policy for nonpayment in accordance with the applicable law. Cancellation of this policy does not relieve you from any deductible obligations reimbursable by you. c. The first Named Insured shown in the Declarations is authorized to and will reimburse us for all amounts paid by us on behalf of all insureds. d. Each Named Insured is jointly and severally liable for all reimbursements due to us under this endorsement whether or not that Named Insured is involved in the claim proceeding or suit causing any such amount to be due to us. H. Definitions 1. Allocated loss adjustment expense is an expense directly allocable to a specific claim including but not limited to all supplementary payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for or incurred in connection with all attorneys witnesses experts depositions reported or recorded statements summo service of process legal transcripts or testimony copies of any public records alternative dispute resolution proceedings interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation claims and proceedings and any other fees costs or expenses reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. Incident for purposes of this endorsement only means an occurrence offense claim accident act error or omission common cause disease or any other event as defined or used in our policy to which a Deductible Amounts applies. L. Other Terms The terms of this insurance apply irrespective of the application of any Deductible Amounts including those with respect to and Our right and duty to investigate or defend the insured against any suits seeking those damages b. Your duties in the event of a claim or circumstances likely to result in a claim. You understand that your duties under this endorsement may continue after this policy expires or is cancelled. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page50f 5 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Limits of Insurance shown in the Declarations is the most available to pay any combination of damages medical expenses and allocated loss adjustment expenses covered by this policy. Various other provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section 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 and allocated loss adjustment expenses is limited as described in Section Ill 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 a Judgments or settlements under Coverages A or B b Medical expenses under Coverage C or c Allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered. 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 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 17 | 0 |
e. 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. Page 2 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 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 i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 17 | 1 |
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. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured Page 4 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
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