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5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lll 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. I. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 17 Page 5 of 17 | 1 |
1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section lll Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement b. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages and allocated loss adjustment expenses is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of 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. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Page 6 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 17 | 1 |
1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend All expenses we incur. Page 8 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage but will reduce the limits of insurance as allocated loss adjustment expenses. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments settlements or allocated loss adjustment expenses or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 17 Page 9 of 17 | 1 |
b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Page 10 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
SECTION Il LIMITS OF INSURANCE 1. 7. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 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 c. Damages under Coverage B and d. Allocated loss adjustment expenses arising from a. b. or. above. 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 and allocated loss adjustment expenses arising from claims or suits for damages under coverage A because of bodily injury or property damage included in the products completed operations hazard. Subject to Paragaph 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 and allocated loss adjustment expenses arising from claims or suits for damages under Coverage B. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A b. Allocated loss adjustment expenses arising from damages under Coverage A and c. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner and related allocated loss adjustment expenses. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. 2. 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 a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If aclaim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 17 | 1 |
c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Page 12 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
10. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Duties Claim Settlement and Allocated Loss Adjustment Expenses As soon as our right and duty to defend the insured against any suit seeking damages end you will promptly assume control of the settlement of claims and defense of suits. A list of outstanding claims and suits will be made available to the First Named Insured upon request. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Allocated loss adjustment expense is an expense directly allocable to a specific claim and includes but is not limited to all Supplementary Payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for all attorneys witnesses experts depositions reported or recorded statements summonses service of process legal transcripts or testimony copies of any public records alternative dispute resolution interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation and any other fees costs or expenses U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 17 | 1 |
10. reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. Allother parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of Page 14 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
11. 12. 13. 14. 15. a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 17 Page 15 of 17 | 1 |
16. 17. 18. 19. 20. 21. b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 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 a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Page 16 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
22. Your product Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 23. Your work Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 17 | 1 |
Fungus Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part This insurance does not apply to bodily injury property damage or personal and advertising injury caused directly or in directly in whole or in part by 1. Anyfungusi or spores or 2. Any substance vapor or gas produced by or arising out of any fungusi or spores or 3. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that injury or damage. For purposes of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi. U GL1063 A CW 1201 Pagel of 1 of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good o edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH w Additional Insured Automatic Owners Lessees Or ZURICH Contractors Policy No. Eff. Date of Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. Pol. GLO 9184605 05 01012019 01012020 01012019 03065000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Jeremias Inc. Address including ZIP Code 983 Industrial Park Drive Marietta GA 30062 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section I Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omis ions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. The following added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1 We are notified as soon as practicable of an occurrence or offense that may result in a claim We receive written notice of a claim or suit s soon as practicable and A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1 The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions Thi insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section III Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Ins whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z Welding Health Hazard Exclusion ZURICH Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Addl. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage Form Coverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section L. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1205 B CW 108 Page lof | 2 |
Z ZURICH Deductible Additional Coverages Policy No. Eff. Date of Pol. Eff. Date of End. GLO 9184605 05 01012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Deductible Endorsement The following is added to the Deductible Schedule DEDUCTIBLE SCHEDULE Coverage Deductible Amount Basis Additional gy rszs pRODUCTS COMP. OFS. BI PD 12142 Each OCCURRENCE Coverage Additional o5 1o RENTED BUTLDING 12142 Each OCCURRENCE Coverage Additional Each Coverage Additional Each Coverage The following is added to Section A. How the Deductible Amount Applies THE SCHEDULE SHOWN ABOVE IS IN ADDITION TO THE SCHEDULE OF DEDUCTIBLE ON FORM UGL1326 All other terms conditions provisions and exclusions of this policy remain unchanged. U GL1331 A CW 0108 Page 1 of 1 | 2 |
Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liabi This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or substance containing lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1 | 2 |
Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol ET. Date of End. Producer No. AddL. Prem Return Prem GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or U GL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Aircraft Products Grounding and Testing Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. Named Insured Address including Zip Code This endorsement modifi insurance provided under the Commercial General Liability Coverage Part Products and Completed Operations Coverage Part This policy does not apply to any bodily injury or property damage arising out of Aircraft Products Grounding or Testing. Aircraft Products means 1 2. 4. aircraft missiles or spacecraft or any other goods or products produced or furnished by the insured for the manufacture repair operation maintenance use or entrustment to others of aircraft missiles or spacecraft including but not limited to the following items A goods or products installed in used in connection with or used as spare parts in aircraft missiles or spacecraft or B ground support and control equipment or C ground handling tools and equipment any training aids instructions manuals blueprints engineering data or engineering advice relating to the items described in 1 and 2 above or any services or labor provided by the insured or by others trading under the insured s name relating to 1.. 2. or 3. above.. PLEASE READ IT CAREFULLY. Grounding means 1. the withdrawal of any aircraft products from flight operations or 2. the imposing of speed passenger or load restrictions on such aircraft products due to the existence of or the alleged or suspected existence of any defect fault or condition in any aircraft products whether the aircraft products withdrawn are owned or o perated by the same or different persons firms or corporations. A grounding begins whichever first occurs 1 on the date that any accident or occurrence results in disclosure of a known or suspected defect fault or condition or 2 on the date the aircraft products are first withdrawn from service due to a known or suspected defect fault or condition Testing means examination observation evaluation or measuring of the performance of aircraft products either while in the air or on the ground. cans iles or spacecraft or ds or products produced or furnished by for the manufacture repair operation use or entrustment to others of aircraft acecraft including but not limited to the ms or products installed in used in on with or used as spare parts in missiles or spacecraft or upport and control equipment or andling tools and equipment aids instructions manuals blueprints lata or engineering advice relating to the adin 1 oand 1. 1n 2. th ol th ol wheth operat corpor A gr 2 which Countersigned Authorized Representative U GL441 B CW 1201 Page I of 1 | 2 |
AIDS Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AddI Prem. Return Prem. GLO 9184605 0 01012019 01012020 03065000 S INCL s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. The following exclusion is added to 2. Exclusions of SectionI Coverage A Bodily Injury and Property Damage Liability This insurance shall not apply to AIDS Bodily injury or property damage arising out of any actual alleged latent or threatened infection communication contagion or development of or contamination by AIDS.. The following exclusion is added to 2. Exclusions of Section I. Coverage B Personal and Advertising Injury Liability This insurance shall not apply to AIDS Personal and advertising injury arising out of any actual alleged latent or threatened infection communication conta gion or development of or contamination by AIDS.. For purposes of this exclusion the following additional definition applies AIDS means any one or more of the following A. Human T cell Leukemia Virus HTLV B. Human Immunodeficiency Virus HIV C. Acquired Immune Deficiency Syndrome AIDS D. AIDS related complex ARC or any disease or condition arising out of or associated with any of these. U GL98 BCW 804 Page Lof | 2 |
Z ZURICH Claim Series Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Section L. Coverage A Bodily Injury and Property Damage is amended to include the following All occurrences which result in a series of claims or suits that the insured becomes legally obligated to pay as damages because of bodily injury or property damage due to a common cause or condition of your products or your work shall be deemed to be just one occurrence regardless of the total number of a. insureds b. claims made or suits brought. persons or organizations making claims or bringing suits or d. potential occurrences that might otherwise have applied in the absence of this endorsement. The following additional Definition is added Common Cause or Condition means the same or similar design error omission or defect manufacturing defect or failure by the insured to warn of a potential hazard in or of your products or your work. U GL911 B CW 905 Page I of 1 | 2 |
Electromagnetic Radiation Exclusion te of Pol Eff. Date of End. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property D amage Liabil ity This insurance shall not apply to Electromagnetic Radiation Any liability for bodily injury or property damage based upon or arising out of electromagnetic fields electromag netic radiation or electromagnetism. 2. The following exclusion is added to 2. Exclusions of Section L. Coverage B Personal and Advertising Injury Liability This insurance shall not apply to Electromagnetic Radiation Any liability for personal and advertising injury based upon or arising out of electromagnetic fields electromagnetic radiation or electromagnetism 3. For purposes of this exclusion the following definitions apply a. Electromagnetic fields means any field or force made up of associated electric and magnetic components b. Electromagnetic radiation means any succession of electromagnetic waves. Electromagnetism means magnetism developed by a current of electricity. U GL914 B CW 804 Page Lof | 2 |
Silica or Silica Mixed Dust Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or L costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica o silica flour. U GL923 B CW 604 Page 1 of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DEFENSE WITHIN LIMITS NOTICE UNLIKE MOST LIABILITY INSURANCE POLICIES IN WHICH PAYMENT OF DEFENSE COSTS DOES NOT REDUCE THE POLICY LIMITS THIS POLICY CONTAINS A DEFENSE WITHIN THE LIMITSPROVISION. THE PROVISION INCLUDES THE INSURER S COSTS FOR PROVIDING LEGAL DEFENSE AGAINST A CLAIM ALONG WITH ANY CLAIM SETTLEMENT AMOUNT WITHIN THE STATED POLICY LIMITS. WE HAVE THE RIGHT AND DUTY TO DEFEND THE INSURED A GAINST ANY SUIT SEEKING DAMA GES FOR BODILY INJURY OR PROPERTY DAMAGE TO WHICH THIS INSURANCE APPLIES. HOWEVER ONCE THE POLICY LIMIT IS REACHED THE INSURER S RESPONSIBILITY TO PAY ANY FURTHER AMOUNTS FOR DEFENSE COSTS OR FOR ANY DAMAGESTHAT MAY BE AWARDED ENDS EXCEPT THAT THE INSURER WILL PAY DAMAGES FOR STATUTORILY REQUIRED LIABILITY INSURANCE TO THE LIMIT REQUIRED BY LAW. U GU739 A CW 906 Page L of | 2 |
COMMERCIAL GENERAL LIABILITY CG 01230397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph. Pollution of Paragraph 2. Exclusions of Bodily Injury And Property Damage Liability Coverage Section I Coverages and to Paragraph 2. Exclusions of Personal And Advertising Injury Liability Coverage Section I Coverages or to any amendment to or replacement thereof This Pollution Exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Page 1of 1 CG 012303 97 Copyright Insurance Services Office Inc. 1996 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01 34 08 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability Coverage and to Subparagraph m. Pollution of Paragraph 2. Exclu sions under Section Coverage B Personal And Advertising Injury Liability or to any amendment to or re placement thereof This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. CG 013408 03 ISO Properties Inc. 2003 Page 10f 1 m | 2 |
POLICY NUMBER GLO 9184605 05 POLICY NUMBER GLO 9184605 05 COMMERCIAL GENERAL LIABILITY CG01540413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION SCHEDULE Pollution Liability Aggregate Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. CG01540413 A. The following is added to Section 1 Coverages Coverage D Pollution Bodily Injury And Property Damage 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 included within the pollution liability hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the Pollution Liability Aggregate Limit in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A B and D. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph c. below during the policy period.. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make a settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for damages because of property damage causing loss to the same person or organizaton as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for injury or damage arising out of a discharge release or escape of pollutants including all injury or damage arising out of all subsequent exposure of persons and property to such pollutants shall be deemed to have been made at the time the first of those claims is made against any insured. Insurance Services Office Inc. 2012 Page 1of 4 Page 1of 4 | 2 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 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 or 2 That the insured would have in the absence of the contract or agreement. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 14 e. 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 to claims against any insured that allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which resulted in 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 definiton 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. Page 2 of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
f. 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 or 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 3. 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 or 4 Personal property in the care custody or control of the insured. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a sidetrack agreement. Products Completed Operations Hazard Bodily injury or property damage included within the products completed operations hazard. j Statutory Or Regulatory Clean up Costs Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 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. k. Bodily Injury Or Property Damage Bodily injury or property damage which are covered under Coverage A Bodily Injury And Property Damage Liability. B. Supplementary Payments Coverages A And B is replaced by the following Supplementary Payments Coverages A B And D We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. All expenses we incur. 2. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. 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. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. 2 CG 01540413 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
5. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 7. 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.. The following is added to Section Ill Limits Of Insurance The Pollution Liability Aggregate Limit is the most we will pay under Coverage D for all damages because of injury and damage for which claim is first made during the policy period. D. Paragraph 4. Other Insurance of Section IV Conditions is amended as follows Al references to Coverage A or B are amended to read Coverage A B or D. E. The following additional definition applies Pollution liability hazard means all bodily injury and property damage arising out of the discharge release or escape of pollutants at or from a. Premises you own rent or occupy or b. Any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations. Page 4 of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER GLO 9184605 05 POLICY NUMBER GLO 9184605 05 COMMERCIAL GENERAL LIABILITY CG211604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ALL PROFESSIONAL SERVICES With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. Information required to complete this Schedule if not shown above will be shown in the Declarations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorse ment modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. 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 seepage migration release or es cape of pollutants at any time. 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 b Claim or suit by or on behalf of a govern mental authority for damages because of leslmg for monitoring cleaning up re mov ing containing treating detoxifying or neutralizing or in any way responding to or as ing the effects of pollutants. Page 1of 1 CG 214909 99 Copyright. Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21550999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorse ment modifies surance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. 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 seepage migration release or es cape of pollutants at any time. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from ahostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was at any time used by or for any in sured or others for the handling storage disposal processing or treatment of waste or b At any premises site or location on which any insured or any contractors or subcon tractors working directly or indirectly on any insured s behalf are performing opera tions to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or ass 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 govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page 1of 1 CG 215509 99 Copyright Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21730115 Insurance Services Office Inc. 2014 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 880115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising out of a certified act of terrorism.. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 26 880115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10f 1 m | 2 |
IL 0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all pre miums and 2. Will be the payee for any return premiums we pay Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelof1 O IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any 2 agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 0f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL 02 62 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GEORGIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph A.1. of the Cancellation Common Our notice will state the effective date of Policy Condition is replaced by the following cancellation which will be the later of the 1. The first Named Insured shown in the following Declarations may cancel this policy by mailing 1 10 days from the date of mailing or or delivering to us advance written notice of delivering our notice or cancellation stating a future date on which the 2 The effective date of cancellation stated policy is to be cancelled subject to the in the first Named Insured s notice to us. following N B. Paragraph A.5. of the Cancellation Common a. If only the interest of the first Named i o i Insured is affected the effective date of Polioy Cundmun is replaced by the following 5. Premium Refund cancellation will be either the date we receive notice from the first Named Insured or the date specified in the notice whichever is later. However upon receiving a written notice of cancellation from the first Named Insured we may waive the requirement that the notice state the future date of cancellation by confirming the date and time of cancellation in writing to the first Named Insured. b. If by statute regulation or contract this policy may not be cancelled unless notice is given to a governmental agency mortgagee or other third party we will mail or deliver at least 10 days notice to the first Named Insured and the third party as soon as practicable after receiving the first Named Insured s request for cancellation. a. If this policy is cancelled we will send the first Named Insured any premium refund due. b. If we cancel the refund will be pro rata except as provided in c. below. c. If the cancellation results from failure of the first Named Insured to pay when due any premium to us or any amount when due under a premium finance agreement then the refund may be less than pro rata. Calculation of the return premium at less than pro rata represents a penalty charged on unearned premium. d. If the first Named Insured cancels the refund may be less than pro rata. e. The cancellation will be effective even if we have not made or offered a refund. IL 02 62 02 15 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
C. The following is added to the Cancellation Common Policy Condition and supersedes any other provisions to the contrary If we decide to 1. Cancel or nonrenew this policy or 2. Increase current policy premium by more than 15 other than any increase due to change in risk exposure or experience modification or resulting from an audit of auditable coverages or 3. Change any policy provision which would limit or restrict coverage then We will mail or deliver notice of our action including the dollar amount of any increase in renewal premium of more than 15 to the first Named Insured and lienholder if any at the last mailing address known to us. Except as applicable as described in Paragraph D. or E. below we will mail or deliver notice at least a. 10 days before the effective date of cancellation if this policy has been in effect less than 60 days or if we cancel for nonpayment of premium or b. 45 days before the effective date of cancellation if this policy has been in effect 60 or more days and we cancel for a reason other than nonpayment of premium or c. 45 days before the expiration date of this policy if we decide to nonrenew increase the premium or limit or restrict coverage. D. The following provisions apply to insurance covering residential real property only provided under the Capital Assets Program Output Policy Coverage Part Commercial Property Coverage Part Farm Coverage Part if the named insured is a natural person. With respect to such insurance the following is added to the Cancellation Common Policy Condition and supersedes any provisions to the contrary except as applicable as described in Paragraph E. 1. When this policy has been in effect for 60 days or less and is not a renewal with us we may cancel for any reason by notifying the first Named Insured at least 10 days before the date cancellation takes effect. 2. When this policy has been in effect for more than 60 days or at any time if it is a renewal with us we may cancel for one or more of the following reasons a. Nonpayment of premium whether payable to us or to our agent b. Upon discovery of fraud concealment of a material fact or material misrepresentation made by or with the knowledge of any person insured under this policy in obtaining this policy continuing this policy or presenting a claim under this policy c. Upon the occurrence of a change in the risk which substantially increases any hazard insured against or d. Upon the violation of any of the material terms or conditions of this policy by any person insured under this policy. We may cancel by providing notice to the first Named Insured at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 45 days before the effective date of cancellation if we cancel for any of the reasons listed in b. c. or d. above. E. With respect to a policy that is written to permit an audit the following is added to the Cancellation Common Policy Condition If you fail to submit to or allow an audit for the current or most recently expired term we may cancel this policy subject to the following 1. We will make two documented efforts to send you and your agent notification of potential cancellation. After the second notice has been sent we have the right to cancel this policy by mailing or delivering a written notice of cancellation to the first Named Insured at least 10 days before the effective date of cancellation but not within 20 days of the first documented effort. 2. If we cancel this policy based on your failure to submit to or allow an audit we will send the written notice of cancellation to the first Named Insured at the last known mailing address by certified mail or statutory overnight delivery with return receipt requested. Page 2 of 2 Insurance Services Office Inc. 2014 IL 02 62 02 15 | 2 |
Z ZURICH Policyholder Notice General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is a conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. Under Coverage B Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. U GL2110 A CW 0115 Page 10f 2 | 2 |
CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of any access to or disclosure of any person s or organization s confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. U GL2110 A CW 0115 Page 2 of 2 | 2 |
COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided by the following BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days Notice 45 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorse ment. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. U GU298 B CW 494 Page 1 of | 2 |
Z ZURICH Pollution Liability Exclusion Disclosure Notice This insurance policy does not apply to or provides very limited coverage as respects pollution liability. You should refer to the specific pollution liability policy exclusions or pollution liability exclusion endorsements of your policy for determination of specific terms and conditions as respects exclusion of any pollution liability exposures that you may have. The policy exclusions of the Commercial General Liability Coverage Part apply to pollution exposures in the coverage territory unless replaced or modified as indicated in the applicable endorsement by one or more of the following pollution exclusion endorsements. The pollution exclusion endorsements that are checked XJ apply to pollu tion exposures in the indicated areas of the coverage territory X Total Pollution Exclusion Endorsement ISO Form All states in the coverage territory except CG2149 HLIL ME MN VT TX XITotal Pollution Exclusion Hostile Fire Exception All states in the coverage territory except 1SO Form CG 21 55 XI Only applicable in the following states IL MN VT. Total Pollution Exclusion with a Building Heating All states in the coverage territory except Equipment Exception and a Hostile Fire Exception SO Form CG 21 65 Only applicable in the following states XITotal Pollution Exclusion Hostile Fire Exception ISO Form CG 21 55 Total Pollution Exclusion with a Building Heating Equipment Exception and a Hostile Fire Exception 1SO Form CG 21 65 Other State Endorsements X Indiana Changes Pollution Exclusion ISO Form Indiana CG 0123 X Missouri Changes Pollution Exclusion ISO Form X Missouri CG 01 34 or Missouri Changes Gasoline Risks Pollution Exclusion Missouri ISO Form CG 01 35 X Vt. Changes Pollution ISO form CG 01 54 Vermont Other Applicable in the following states Assuming risk does not qualify as a large risk according to Texas law Indiana Missouri U GL1203 A CW 404 Page I of 1 | 2 |
Z ZURICH Insured Name Jeremias Inc. Policy Number GL09184605 05 Effective Date 01012019 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA Not Applicable Terrorism Exclusion applies Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 Januaryl 2018 December 31 2018 federal share 82 Januaryl 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 Disclosure of 100 Billion Cap on All Insurer and Federal Obligations attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such 1 hat exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. If aggregate insured los Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terroris 2. To be a violent act or an act that is dangerous to human life property or infrastructure wio VL R Eadit AL e AL Al iR At S 2 AR U GU630 D CW 0115 Page 1 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW 0115 Page 20f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1 | 2 |
RISK SPECIALISTS COMPANIES INSURANCE AGENCY INC 500 WEST MADISON STREET SUITE 3000 CHICAGO IL 60661 Date January 28 2014 Attn LAUREN HOUTS LOCKTON COMPANIES 444 W. 47th Street Suite 900 Kansas City MO 64112 RE NEWMAN MEMORIAL COUNTY HOSPITAL Policy Number 6796532 Policy Effective Expiration From January 1 2014 To January 1 2015 Dear Lauren Enclosed are one original and one copy of the policy for the above captioned account. Upon review of the policy we believe it is complete and accurate based upon the binder. However if you discover anything you believe to be incomplete or inaccurate please call me and your concerns will be investigated. In order to complete our file please forward Not applicable. Thank you for the opportunity to be of service to your company on this account. We look forward to working with you on future opportunities. Best regards Jeffrey Ragauskis Production Specialist jeffrey.ragauskisaig.com 312.930.5348 HC0900 304 | 2 |
FORMS SCHEDULE Named Insured Policy No Effective Date NEWMAN MEMORIAL COUNTY HOSPITAL 6796532 January 1 2014 Endt. No. Form Name XND O AW 11 12 Policy Declarations Common Policy Provisions Coverage Part Healthcare General Liability Occurrence Form Coverage Part Il Medical Professional Liability Claims Made Schedule of Named Insureds Entities KS Amendatory Endorsement Cancellation and Non Renewal KS Amendatory Endorsement Addendum to Form 68926 KS Amendatory Endorsement Adds HCSF Surcharge to Dec. Page Amendment of Limits Asbestos Exclusion Cross Suits Limitation Economic Sanctions Endorsement Minimum Earned Premium Endorsement Employee Benefits Liability Endorsement Claims Made Specific Additional Insured Any Lessor of Premises or Equipment Specific Additional Insured Form Number Edition Date 68925 68926 68926 68926 68763 52144 69396 69644 78944 68767 68769 89644 74778 68770 68765 68765 1097 1010 1097 0513 1097 1112 1087 1112 0997 1202 0198 0298 1101 0997 0997 0613 0608 0997 0997 0997 Jorsement m Endorsement T I T CIFMSC Cl0226 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company MEDICAL PROFESSIONAL LIABILITY CLAIMS MADE AND COMMERCIAL GENERAL LIABILITY OCCURRENCE DECLARATIONS Various provisions in the Common Policy Provisions and Coverage Parts restrict coverage. Coverage Part is on an occurrence basis while Coverage Part Il is claims made. Please read all Common Policy Provisions and Coverage Parts carefully to determine rights duties and what is and is not covered. POLICY NUMBER 6796532 RENEWAL OF NUMBER 6796532 Item 1. Item 2. NAMED INSURED NEWMAN MEMORIAL COUNTY HOSPITAL ADDRESS 1201 W. 12 AVE. EMPORIA KS 66801 5553 Item 3. RETROACTIVE DATE 07011976 Item 4. POLICY PERIOD From 01012014 To 01012015 at 1201 a.m. Standard Time at your mailing address shown above. Item 5. LIMITS OF INSURANCE l Healthcare General Liability Aggregate Limit 3000000 Products Completed Operations Aggregate Limit 1000000 Each Occurrence Limit 1000000 Personal Advertising Injury Limit 1000000 Fire Damage Limit 50000 Each Fire Medical Expense Limit 5000 Each Injured Person ll Healthcare Professional Liability Aggregate Limit 600000 Each Medical Incident 200000 Administrative Hearing Expense Limit SN A Item 6. PREMIUM Premium 83095 Item 7. FORMS AND ENDORSEMENTS Forms and Endorsements Attached at Inception See Attached Forms Schedule Item 8. PRODUCER NAME AND ADDRESS LOCKTON COMPANIES 444 W. 47 STREET SUITE 900 KANSA CITY MO 64112 ATTN LAUREN HOUTS By By MQML 68925 1 Countersignature Authorized Representative in states where applicable 097 1010 I H rations Aggregate Limit ry Limit lity wpense Limit D00000 00000 00000 00000 50000 Each Fire 5000 Each Injured Person 0000 0000 A 900 1010 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company COMMON POLICY PROVISIONS I DEFINITIONS APPLICABLE TO ALL COVERAGE PARTS A. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. Auto however does not include mobile equipment. B. Bio Medical Waste means a biological agent or condition which includes but is not limited to an infectious organism or unsafe laboratory condition which may cause or result in bodily injury or property damage. C. Defense costs means 1. fees charged by an attorney designated by us and 2. other fees costs and expenses incurred by us in the investigation adjustment defense and appeal of a claim other than the specific items listed in Common Policy Provisions Section IV. Defense costs does not include salary charges or expenses of our regular employees. D. Executive Officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. E. Insured means 1. The Named Insured stated in the Declarations. 2. Your employees other than your executive officers or your members if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. No employee however is an Insured for a. Bodily injury or personal injury i. To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee while in the course of his or her employment or while performing duties related to the conduct of your business. it To the spouse child parent brother or sister of that co employee as a consequence of paragraph a.i. above. fii. For which there is an obligation to share damages with or repay another who must pay damages due to an injury described in a. i. or ii. above. iv. Arising out of his or her providing or failing to provide professional health care services. b. Property Damage to property 68926 1097 CP1 0513 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company i. Owned occupied or used by or ii. Rented to in the care of custody or control of or over which physical control is being exercised for any purpose by any Insured any Insured s employees or if any Insured is a partnership or a joint venture by any partner or any member if you are a limited liability company. 3. Any student enrolled in a training program in connection with your professional services but only when acting within the scope of his or her duties. Any of your authorized volunteer workers other than a healthcare provider but only while acting within the scope of their duties as such. 4. Your legal representative if you die but only with respect to his or her duties as a legal representative. 5. Your superintendents administrators directors department heads and heads of the medical staff but only in their capacity as such. 6. Members of your boards and committees but only for conduct arising out of their duties as board or committee members and those who execute orders from your boards or committees but only while in the course and scope of executing those orders. 7. Your trustees and governors but only for the conduct of your business within the course and scope of their employment or their duties as trustees or governors. Each of the following is an Insured under Insuring Agreement A to the extent set forth below 1. Real Estate Manager Any person other than your employee or any organization while acting as your real estate manager. 2. Persons With Temporary Custody Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 3. Users of Mobile Equipment With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an Insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an Insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. No person or organization however is an Insured with respect to 68926 1097 CP2 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 No A Capital Stock Insurance Company Bodily injury to a co employee of the person driving the equipment or Property damage to property owned by rented to occupied by any Insured in any Insured s charge or the employer of any person who is an Insured under this provision. person or organization is an Insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. F. Loading or Unloading means the handling of property 1. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. 3. While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered But loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. G. Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment and including but not limited to 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted Power cranes shovels loaders diggers or drills or Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles other than those described in Items 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 2. 3 4. a. b. 5. a. b. 6. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or Cherry pickers and similar devices used to raise or lower workers Vehicles other than those described in Items 1 2 3 or 4 above that are maintained primarily for purposes other than the transportation of persons or cargo. 68926 1097 cP3 05613 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company Self propelled vehicles however with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for i Snow removal il Road maintenance but not construction or resurfacing fii. Street cleaning b. Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers and c. Air compressor pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. H. Named Insured means the first entity named in the Declarations of this policy as the Named Insured. 1. If the Named Insured stated in Declarations is a corporation or organization other than a partnership or joint venture the Named Insured and executive officers and directors are Insureds but only with respect to their duties as officers or directors. Stockholders are also Insureds but only with respect to their liability as stockholders. o Any organization that the Named Insured newly acquires or forms while this insurance is in effect is an Insured if maintain ownership or majority interest of it but solely in accordance with Common Policy Provisions Section V e. Mergers Acquisitions. 3. If the Named Insureds are a partnership or joint venture your members your partners and their spouses are also Insureds but only with respect to the conduct of your business. I. Policy Period means the period commencing on the inception date shown in Item 4 of the Declarations and ending on the earlier of the expiration date or the effective date of cancellation of the Policy. J. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes but is not limited to bio medical waste nuclear waste and material to be recycled reconditioned or reclaimed. K. Property Damage means 1. Physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it 2. Loss of use of tangible property that is not physically injured. Solely with respect to Coverage Part I all such loss of use shall be deemed to occur at the time of the occurrence that caused it. 68926 1097 CP4 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor. New York NY 10038 A Capital Stock Insurance Company Suit means a civil proceeding in a court in which damages to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which you must submit or submit with our consent or 2. Any alternative dispute resolution proceeding other than a covered proceeding in which such damages are claimed and to which you submit with our consent.. We us or our means the Company providing insurance under this policy. You or your means the Named Insured under this policy. EXCLUSIONS We will not defend or pay claims against you Workers Compensation and Similar Laws For any obligation you have under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability For bodily injury to 1. An employee of yours arising out of and in the course of a. Employment by you or b. Performing duties related to the conduct of your business or 2. The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies a. Whether you may be liable as an employer or in any other capacity and b. 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 you under an insured contract. Employment Practices For any liability arising out of any refusal to employ termination of employment coercion demotion evaluation reassignment discipline defamation harassment humiliation or other practices or policies related to employment or professional privileges. 68926 1097 CP5 0513 CP5 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company This exclusion does not apply to services by any person as a member of a formal accreditation standards review or similar professional board or committee of any Insured otherwise covered by this policy. D. Damage to Property For property damage to 1. Property any Insured owns rents or occupies 2. Premises any Insured sells gives away or abandons if the property damage arises out of any part of those premises 3. Property loaned to any Insured 4. Personal property in any Insured s care custody or control 5. That particular part of the real property on which any Insured or any contractors or subcontractors working directly or indirectly on any Insureds behalf are performing operations if the property damage arises out of those operations or 6. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. With respect to Property Damage under Insuring Agreement A. 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. E. War For war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. F. Dishonest Practices For dishonest fraudulent criminal or malicious acts errors or omissions however we will defend claims alleging such acts errors or omissions until final adjudication. 68926 1097 CP6 0513 | 2 |
NATIONAL UNION FIRE INSURANCE CONMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company G. Pollution 1. For any liability which would not have occurred in whole or part but for 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 you b. at or from any premises site or location which is or was at any time used by or for you 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 you or any person or organization for whom you may be legally responsible or d. at or from any premises site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations. i if the pollutants are brought on or to the premises site or location in connection with such operations by you contractor or subcontractor or ii 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. Subparagraphs di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the fuels lubricants or other operating fluids are intentionally discharged dispersed or released or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent to be discharged dispersed or released as part of the operations being performed by you contractor or subcontractor. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 2. For any loss cost or expense arising out of any a. Request demand or order that you 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. H. Nuclear Hazards For any liability 1. Resulting from the hazardous properties of nuclear material if 68926 1097 CP7 0513 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2585 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company a. the nuclear material is at any nuclear facility owned or operated by you or on your behalf or has been discharged or dispersed therefrom b. the nuclear material is contained in spent fuel or nuclear waste at anytime possessed handled used processed stored transported or disposed of by you or on your behalf or c. the liability arises out of your furnishing of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. If such facility is within the coverage territory this subparagraph applies only to property damage to the nuclear facility and any property thereat 2. With respect to which you are also an Insured under a Nuclear Energy Liability Policy issued by a. Nuclear Energy Liability Insurance Association b. Mutual Atomic Energy Liability Underwriters or c. Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy if it had not terminated due to exhaustion of that policy s limit of liability or 3. Arising from or caused by hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any subsequent amendment of that Act or b you are or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. As used in this exclusion Hazardous Properties means radioactive toxic or explosive properties. Nuclear Facility means 1. Any nuclear reactor 2. Any equipment or device designed or used for a. separating the isotopes of uranium or plutonium b. processing or utilizing spent fuel or c. handling processing or packaging nuclear waste 3. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in your custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 68926 1097 CP8 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stack Insurance Company 4. Any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste or 5. The site on which the above are located all operations conducted on those sites and all premises used for such operations. Nuclear Material means source material special nuclear material or by product material. 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 waste material 1. Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2. Resulting from the operation by an entity of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Source Material Special Nuclear Material and By product Material have the meanings stated in the U.S. Atomic Energy Act of 1954 or any other amendments to that Act. Spent Fuel means any fuel element or fuel component solid gas or liquid which has been used in or exposed to radiation in a nuclear reactor. Sexual Misconduct For any actual alleged attempted or proposed erotic physical contact or any sexual abuse or harassment. However we will defend claims alleging such acts until any such final adjudication. Discrimination Humiliation For discrimination based on but not limited to race color creed sex religion age national origin physical impairment sexual preference etc. whether or not for alleged violation of any federal state or local government law or regulation prohibiting such discrimination. In addition we will not pay claims or defend you for any claim resulting from humiliation or mental anguish arising out of discrimination. OUR DUTY TO DEFEND UNDER THIS POLICY We have the right and duty to defend and appoint an attorney to defend any suit against you for a covered claim even if the suit is groundless false or fraudulent. Our duty to defend any suit ends and we may withdraw from the defense after the applicable Limit of Insurance has been exhausted by settlements judgments awards and interest accruing thereon prior to entry of judgment or issuance of an award. Defense costs are in addition to the applicable Limits of Insurance. 68926 1097 CP9 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company B. We have the right to investigate and settle any claim or suit to the extent we believe is proper.. OTHER PAYMENTS UNDER THIS POLICY In addition to the Limits of Insurance applicable to this Policy we shall pay with respect to any suit we defend A. All expenses we incur. B. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the bodily injury liability coverage applies. We do not have to furnish these bonds. C. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. D. All reasonable expenses incurred by you at our request including actual loss of earnings up to 500 a day because of time off from work. E. Pre judgment interest awarded against the Insureds 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 pre judgment interest based on that period of time after the offer. F. All interest on the full amount of any judgment that accrues after entry of the judgment and before we paid offered to pay or deposited in court the part of the judgment that is within the applicable Limit of Insurance. G. All costs taxed against the Insured. These payments will not reduce the Limits of Insurance. If we defend an Insured against a suit and an indemnitee of the Insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met A. The suit against the indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract B. This insurance applies to such liability assumed by the Insured C. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the Insured in the same insured contract D. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee E. The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign and F. The indemnitee 1. Agrees in writing to 68926 1097 CP 10 0513 CP 10 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038. o a. b. So A Capital Stock Insurance Company Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and Provides us with written authorization to Obtain records and other information related to the suit and Conduct and control the defense of the indemnitee in such suit. long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Other Payments Under This Policy. Notwithstanding the provisions of paragraph D. 1. B. 2 of Coverage Part such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. V. CONDITIONS The following conditions apply A. Duties In the Event Of An Occurrence Claim Suit Medical Incident or Covered Proceeding 1. You must notify us in writing as soon as practicable of an occurrence under Coverage Part I. To the extent possible notice should include a. b. c. 2. How when and where the occurrence took place The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the occurrence. If a claim suit or covered proceeding is brought against you arising out of an occurrence or medical incident a. b. c. 68926 1097 You must immediately record the specifics of the claim or suit and the date received and You must provide us with written notice of the claim suit or covered proceeding as soon as practicable. You must Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation settlement or defense of the claim or suit and CP11 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of injury or damage to which this insurance may also apply. 4. You will not except at your own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Notice of Potential Claims If during the policy period you shall become aware of any medical incident which may reasonably be expected to give rise to a claim or covered proceeding being made against any Insured and shall during the policy period give written notice to us of the medical incident any claim or covered proceeding which is subsequently made against any Insured and reported to us arising out of such medical incident shall be considered first made at the time such notice was given. In order to qualify as notice under this paragraph such notice must contain 1. Full particulars of the medical incident including how when and where it took place 2. The names and addresses of injured persons and any witnesses 3. The nature of any injury. Receipt by us of an incident report including but not limited to variance reports will not be considered a claim to us nor will the observance or reporting to you by us of any physical condition or other circumstance as a result of inspections audits engineering loss control or risk management services be considered a claim to us. Knowledge and Notice of Occurrence Knowledge of an occurrence or medical incident on the part of the risk management department or on the part of an executive officer constitutes knowledge by you. If someone other than the risk management department or an executive officer knows but does not tell you this insurance is not invalidated. Notice of a claim may be incorrectly given to a workers compensation carrier. If the claim instead is determined to be a valid occurrence or medical incident otherwise covered by this policy it will be covered in this policy period and by this insurance provided that you notify us immediately. Your unintentional failure to disclose a hazard at policy inception will not prejudice this insurance. Coverage Territory We will cover an occurrence or medical incident in the United States of America its territories and possessions Puerto Rico or Canada provided a claim is made and suit is brought in the United States of America its territories and possessions Puerto Rico or Canada. 68926 1097 CP12 0513 CP12 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company E. Mergers Acquisitions We will cover a newly acquired or formed organization only for sixty 60 days or for the remainder of the policy period whichever is less from the date that you acquire or form it. You are not covered for damages that arise out of bodily injury or property damage that occurred before you acquired or formed the organization or personal injury or advertising injury arising out of an occurrence committed before you acquired or formed the organization. You are not covered for damages that arise out of a medical incident that happened or commenced before you acquired or formed the organization. You shall notify us or our authorized representative in writing within sixty 60 days of such acquisition. If any person or organization became an additional Named Insured under this Policy after the inception date the policy period begins on the date that the person or organization became an additional Named Insured and ends on the earlier of the expiration date or the effective date of cancellation of the Policy. For coverage to apply to the newly acquired or formed organization for more than 60 days you must 1 submit an underwriting application to us and 2 the application must be approved by us. F. Insured Under Coverage Parts An Insured under Coverage Part 1 may or may not be an Insured under another Coverage Part Il. Please refer to the Common Policy Provisions Section Definitions to determine who is an Insured. G. Legal Action Against Us No person or organization has a right under this policy 1. To join us as a party or otherwise bring us into a suit asking for damages from you or 2. To sue us under this policy unless all this policy s terms have been complied with in full. A person or organization may sue us to recover on an agreed settlement or on a final judgment against you obtained after an actual trial but we will not be liable for damages that are not payable under the terms of any Insuring Agreement or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us and the claimant or the claimant s legal representative. H. Other Insurance If there is other insurance which applies to the loss resulting from an occurrence or medical incident the other insurance must pay first. This Policy applies to the amount of loss which is more than 1. The Limits of Insurance of the other insurance and 68926 1097 CP13 0513 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York. NY 10038 A Capital Stock Insurance Company 2. The total of all deductibles and self insured amounts under all such other insurance. 1. Muttiple Policies 1. Two or more policies may be issued by us or any company that controls is controlled by or is under common control with us. These policies may provide coverage for a. Claims suits or covered proceedings arising from the same medical incident or b. Persons or organizations covered in those policies that are jointly and severally liable. 2. In such a case we shall not be liable under this Policy for an amount greater than the proportion of the loss that this Policy s applicable Limit of Liability bears to the total applicable Limits of Liability under all such policies. In such a case we shall not be liable under this Policy for an amount greater than the proportion of the loss that this Policy s applicable Limit of Insurance bears to the total applicable Limits of Insurance under all such policies. In addition the total amount payable under all such policies is the highest single applicable Limit of Liability among all such policies. J. Separation of Insureds Except with respect to the Limits of Insurance and deductible and except with respect to any rights or duties specifically assigned in this Palicy to the Named Insured this insurance applies 1. As if each Insured were the only Insured and 2. Separately to each Insured against whom claim is made or suit is brought. K. Bankruptcy The Named Insured s bankruptcy or insolvency will not relieve us of our obligations under this policy. L. Representations By accepting this Policy the Named Insured agrees that 1. The statements in the Declarations andor Applications made part of this Policy are accurate and complete 2. Those statements are based upon representations made to us by the Named Insured and 3. We have issued this Policy in reliance upon the Named Insured s representations. 68926 1097 CP14 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company. Transfer Of Rights Of Recovery Against Others To Us if you have rights to recover all or part of any payment we have made under this Policy those rights are transferred to us. You shall do nothing to impair them. At our request you will bring suit or transfer those rights to us and help us enforce them. Conformance To Statute To the extent that this Policy conflicts with an applicable law statute or regulation of a state this Policy shall conform to the minimum requirements of that law statute or regulation. Assignment Your interest is not assignable without our written consent. Special Rights And Duties Of Named Insured The Named Insured shall act on behalf of all Insureds as to 1. Giving and receiving notice of cancellation 2. Payment of premiums and receipt of return premiums 3. Acceptance of any endorsements to this Policy 4. Purchasing or deciding not to purchase the Optional Extended Reporting Period Endorsement if applicable or 5. Making changes in this Policy or any Coverage Part with our consent. This Policy can only be changed by a written endorsement we issue and make a part of this Policy. Inspections And Surveys We have the right but are not obligated to 1. Make inspections and surveys at any time 2. Give the Named Insured reports on the conditions we find and 3. Recommend changes. Any inspections surveys reports or recommendations are related only to insurability and the premiums to be charged. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions 1. Are safe or healthful or 2. Comply with laws regulations codes or standards. 68926 1097 CP15 0513 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. R. Titles Of Paragraphs Titles of paragraphs are inserted solely for convenience of reference and shall not be deemed to limit expand or otherwise affect the provisions to which they relate. Vi. CANCELLATION NON RENEWAL A. When We Do Not Renew If we decide not to renew this Policy we will mail or deliver to the Named Insured at the address designated in the Declarations written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. If we mail or deliver the notice less than thirty 30 days before the expiration we will extend the policy period so that the expiration date will be thirty 30 days after we mail or deliver the notice. You will be charged a pro rata additional premium for the extension. You can terminate the extension at any time but not retroactively. B. Cancellation This Policy may be canceled by the Named Insured by surrendering it to us or any of our authorized agents or by mailing to us written notice stating when thereafter the cancellation shall be effective. We may cancel this policy by mailing or delivering a written notice of cancellation to the Named Insured the address shown in this policy stating when not less than 30 days thereafter cancellation will be effective. However if we cancel this Policy because the Named Insured has failed to pay a premium when due this Policy may be canceled by us by mailing or delivering a written notice of cancellation to the Named Insured at the address shown in this Policy stating when not less than 10 days thereafter such cancellation will be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Named Insured or by us shall be the equivalent to mailing. If the Named Insured cancels the unearned premium shall be computed in accordance with the customary short rate table and procedure. If we cancel unearned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. 68926 1097 CP16 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2695 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company By signing below the President and the Secretary of the Insurer agree on behalf of the Insurer to all the terms of this Policy. R EER 2y Secretary President This Policy must be signed at the time of issuance by an authorized representative of the Insurer either below or on the Declarations page of the policy. Authorized Representative 68926 1097 CP17 0513 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company Various provisions in the Common Policy Provisions and Coverage Parts restrict coverage. Coverage Part is on an occurrence basis while Coverage Part Il is on a claims made basis. Please read all Common Policy Provisions and Coverage Parts carefully to determine rights duties and what is and what is not covered. A complete Policy includes the Declarations Common Policy Provisions and the applicable Coverage Parts. COVERAGE PART I HEALTHCARE GENERAL LIABILITY OCCURRENCE FORM In consideration of the payment of the premium and in reliance upon the statements in the Application which is attached hereto and made a part of this Policy and upon the Declarations we agree with you as follows A INSURING AGREEMENTS Insuring Agreement A Bodily Injury and Property Damage We will pay those sums that you become legally obligated to pay as damages because of bodily injury or property damage to which this Coverage Part applies. We will have the right and duty to defend any suit seeking those damages. We may at our discretion investigate any occurrence and settle any claim or suit that may result. This Coverage Part 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 and 2. The bodily injury or property damage occurs during the policy period. 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. Insuring Agreement B Personal Injury and Advertising Injury We will pay those sums that you become legally obligated to pay as damages because of personal injury or advertising injury to which this Coverage Part applies. This Coverage Part applies 1. to personal injury caused by an offense arising out of your business excluding advertising publishing broadcasting or telecasting done by or for you or 2. to advertising injury caused by an offense committed in the course of advertising your goods products or services but only if the offense was committed in the coverage territory during the policy period. GL1 1112 68926 1097 | 0 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company C. Insuring Agreement C Medical Expenses We will pay medical expenses as described below for bodily injury caused by an accident 1. On premises you own or rent 2. On ways next to premises you own or rent or 3. Because of your operations Provided that 1. The accident takes place in the coverage territory and during the policy period 2. The expenses are incurred and reported to us within 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. We will make these payments regardless of fault. These payments will not exceed the applicable Limit of Insurance. We will pay reasonable expenses for 1. First aid administered at the time of an accident 2. Necessary medical surgical x ray and dental services including prosthetic devices and 3. Necessary ambulance hospital professional nursing and funeral services. Exclusions In addition to Common Policy Provisions Section Il Exclusions the following Exclusions apply to this Coverage Part 1. With respect to Insuring Agreement A bodily injury and property damage we will not defend or pay claims against you a. Expected Or Intended Injury For damages or harm expected or intended from your standpoint. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability For liability arising from bodil jury or property damage for which you are obligated to pay damages by reason of the assumption of liability in a 68926 1097 GL2 11112 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company contract or agreement. This exclusion does not apply to liability for damages i. That you would have in the absence of the contract or agreement. il. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of bodily injury or property damage provided 1 liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Damage to Your Product For property damage to your product arising out of it or any part of it. Damage to Your Work For property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured For property damage to impaired property or property that has not been physically injured arising out of i. A defect deficiency inadequacy or dangerous condition in your product or your work or ii. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property For damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of Your product 68926 1097 GL3 1112 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company iil. Your work or iii. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Exclusions c. through e. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Limits of Insurance Section IV. Liquor Liability For which you may be held liable by reason of Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or iii. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Aircraft Auto or Watercraft 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 you. Use includes operation and loading or unloading. This exclusion shall not apply to i. A watercraft while ashore on premises you own or rent ii. A watercraft you do not own that is a. Less than 52 feet long and b. Not being used to carry persons or property for a charge iii. 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 iv. Liability assumed under any Insured contract for the ownership maintenance or use of aircraft or watercraft GL4 1112 68926 1097 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company V. The operation of any of the equipment listed in paragraph 6.b. or 6.c. of the definition of mobile equipment or Vi. Loading or unloading of patients. Mobile Equipment Arising out of i. The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any Insured or ii. The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. With respect to Insuring Agreement B Personal Injury and Advertising Injury this Coverage Part shall not apply to Personal Injury or Advertising Injury a. b. Arising out of oral or written publication of material if done by or at the direction of the Named Insured with knowledge of its falsity Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the Named Insured For which you have assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that you would have in the absence of the contract or agreement. Advertising Injury a. b. Arising out of breach of contract other than misappropriation of advertising ideas under an implied contract Arising out of the failure of goods products or services to conform with advertising quality or performance Arising out of the wrong description of the price of goods products or services or An offense committed by an Insured whose business is advertising broadcasting publishing or telecasting. With respect to Insuring Agreement C Medical Expenses of this Coverage Part we will not pay Medical Expenses for Bodily Injury a. b. To any Insured To a person hired to do work for or on behalf of you or a tenant of yours To a person injured on that part of premises owned or rented by you that the person normally occupies 68926 1097 GL5 1112 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Fioor New York NY 10038 A Capital Stock Insurance Company d. To a person whether or not an employee of the Insured if benefits for the bodil ury 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 Insuring Agreement A of this Coverage Part or Resulting from hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any entity. i. To any patient. A patient means a person seeking or receiving either on an inpatient outpatient or emergency basis any form of medical surgical dental or nursing care or any service or treatment. E R 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 1. Insureds 2. Claims submitted or suits brought or 3. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of 1. Damages under Insuring Agreement A except damages because of bodil or property damage included in the products completed operations hazard 2. Damages under Insuring Agreement B and 3. Medical expenses under Insuring Agreement C. The Products Completed Operations Aggregate Limit is the most we will pay under Insuring Agreement A for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to B. above the Personal Injury and Advertising Injury Limit is the most we will pay under Insuring Agreement B for the sum of all damages because of all personal injury or advertising injury sustained by any one person or organization. Subject to B. or C. above whichever applies the each occurrence limit is the most we will pay for the sum of 1. Damages under Insuring Agreement A and 2. Medical expenses under Insuring Agreement C because of all bodily injury and property damage arising out of any one occurrence. 68926 1097 GL6 1112 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company Subject to E. above the Fire Damage Limit is the most we will pay under Insuring Agreement A. for damages because of property damage to premises rented to you or temporarily occupied by you with permission of the owner arising out of any one fire. Subject to E. above the Medical Expense Limit is the most we will pay under Insuring Agreement C. for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period. Any remaining period of less than 12 months shall be included in the last preceding annual period starting with the beginning of the policy period shown in the Declarations. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. All claims arising from continuous related or repeated occurrences shall be treated as arising out of one occurrence. CONDITIONS In addition to Common Policy Provisions Section V Conditions Applicable to All Coverage Parts the following Condition shall apply to this Coverage Part. Insured Under This Coverage Part An Insured under this Coverage Part may or may not be an Insured under another Coverage Part. Please refer to Common Policy Provisions Section Definitions to determine who is an Insured. DEFINITIONS In addition to Common Policy Provisions Section I the following Definitions shall apply to this Coverage Part. Advertising injury means injury arising out of one or more of the following offenses 1. 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 2. Oral or written publication of material that violates a person s right to privacy 3. Misappropriation of advertising ideas or style of doing business or 4. Infringement of copyright title or slogan. Bodily Injury means physical injury sickness or disease sustained by any person including death resulting from any of these at any time. Bodily injury does not 68926 1097 GL7 11112 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company include emotional distress or mental anguish unless due to physical injury sickness or disease. Employee includes a leased worker but does not include a temporary worker. Impaired Property means tangible property other than your product or your work that can not be used or is less useful because 1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. The Insured has 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 waork or b. The Insured fulfilling the terms of the contract or agreement. Insured Contract means 1. A contract for 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 2. A sidetrack agreement 3. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad 4. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality 5. An elevator maintenance agreement or 6. 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 6. does not include that part of any contract or agreement a. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 68926 1097 GL8 11112 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company b. That indemnifies an architect engineer or surveyor for injury or damage arising out of i. Preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or il. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or c. Under which you if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of the your rendering or failure to render professional services including those listed in b above and supervisory inspection or engineering services. Leased Worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal Injury means injury other than bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies by or on behalf of its owner landlord or lessor 4. 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 service or 5. Oral or written publication of material that violates a person s right of privacy. 1. Products completed operations hazard includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work EXCEPT a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times i. 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. 68926 1097 GL9 1112 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company ii. when all of the work called for in your contract has been completed. iii. 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. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Your work will be deemed completed at the earliest of the following times a. When all of the work called for in your contract has been completed b. When all of the work to be done at the site has been completed if your contract calls for work at more than one site or. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 3. This hazard does not include bodily injury o property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it or b. The existence of tools uninstalled equipment or abandoned or unused materials. J. 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 work load requirements. K. Your Product means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a. You b. Others trading under your name or c. A person or organization whose business or assets you have acquired and 2. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes 68926 1097 GL 10 1112 1112 GL 10 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. L. Your Work means 1. Work or operations performed by you or on your behalf and 2. Materials parts or equipment furnished in connection with such work or operations. Your work includes 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 3. Providing of or failure to provide warnings or instructions. GL 11 1112 68926 1097 | 1 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company COVERAGE PART i. MEDICAL PROFESSIONAL LIABILITY CLAIMS MADE This is a claims made coverage. Coverage is limited generally to liability for claims first made against an Insured while the coverage is in force. Please review the policy carefully and discuss the policy with your insurance representative. In consideration of the payment of the premium and in reliance upon the statements in the Application which is attached hereto and made a part of this Policy and upon the Declarations we agree with you as follows INSURING AGREEMENTS Insuring Agreement D Medical Professional Liability We will pay those amounts that you are legally required to pay others as damages resulting from a medical incident arising out of professional services provided by the Named Insured or by any Insureds for whose acts or omissions the Named Insured is legally responsible. The medical incident must take place on or after the retroactive date and before the end of the policy period. In addition to our Limit of Insurance we will also pay defense costs. We have the right and duty to defend any claim and we will 1. Do so even if any of the charges of the claim are groundless false or fraudulent and 2. Investigate any claim we feel is appropriate. A claim for a medical incident must be first made against you during the policy period or the extended reporting period if applicable. A claim is first made at the earlier of the following times 1. when you give us written notice that a third party intends to hold you responsible for damages resulting from a medical incident arising out of your professional services or 2. when you give us written notice of specific circumstances involving a particular person which may result in a claim. A patient incident report submitted to us from routine risk management activities does not qualify as notice under this provision. Insuring Agreement E Administrative Hearing Expense We will reimburse the Named Insured for the defense costs incurred in the course of a covered proceeding. The medical incident giving rise to the covered proceeding must take place on or after the retroactive date and before the end of the policy period. Written notice for the covered proceeding must be first made during the policy period or the extended reporting period if applicable. 11712 MP 1 68926 1097 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company EXCLUSIONS In addition to Common Policy Provisions Section Il Exclusions the following Exclusions apply to this Coverage Part. We will not defend or pay claims against you Prior Acts For any liability arising out of acts errors or omissions of which you had knowledge prior to the inception date of the policy period if as of such date you could reasonably foresee a claim might result. Contractual Liability As respects Insuring Agreement D for any liability you assume under any contract or agreement. This exclusion does not apply to liability that you would have in the absence of a contract or agreement or to 1. Liability you assume in a written contract with an a. Health Maintenance Organization b. Preferred Provider Organization c. Independent Practice Association or d. Any other similar organization but only for such liability as is attributable to your alleged negligence arising out of professional services or to 2. A warranty of fitness or quality of any therapeutic agents or supplies you have furnished or supplied in connection with treatment that has been performed. Anti Trust For any liability arising out of actual or alleged involvement in any 1. Antitrust law violation or 2. Agreement or conspiracy to restrain trade. U.S. Department of Health Human Services HHS For any administrative or judicial hearings pertaining to Medicare Medicaid fraud or any other hearing initiated against an Insured by HHS or by any utilization or quality review organization under contract with HHS. 68926 1097 MP 2 1112 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company H. This exclusion does not apply to HHS proceedings that allege the violation of the Emergency Medical Treatment and Labor Act. 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 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The Aggregate Limit is the most we will pay for the sum of 1. Damages under Insuring Agreement D Medical Professional Liability and 2. Expenses under Insuring Agreement E Administrative Hearing Expense Subject to paragraph B. above the Each Medical Incident Limit stated in the Declarations is the most we will pay under this Coverage Part for damages arising out of a single medical incident. All claims arising from continuous related or repeated medical incidents shall be treated as arising out of one medical incident. Only the Policy in effect when the first such claim is made shall apply to all such claims. Subject to paragraph B. above the Administrative Hearing Expense Limit stated in the Declarations is the most we will pay for the sum of all expenses and fines because of all covered proceedings sustained by any one person or organization. The Limits of Insurance of this Coverage Part apply separately to claims first made against an Insured during each consecutive annual period. Any remaining period of less than 12 months shall be included in the last preceding annual period starting with the beginning of the policy period shown in the Declarations. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CONDITIONS In addition to the Common Policy Provisions Section V the following Conditions apply Automatic Extended Reporting Period 1. If this Coverage Part is canceled or not renewed for any reason other than non payment of premium and if the Optional Extended Reporting Period Endorsement is not purchased then we will provide an automatic extended reporting period of sixty 60 days starting with the end of the policy period during which claims arising out of medical incidents which take place on or after the retroactive date but before the end of the policy period may be first made. 11712 68926 1097 MP 3 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company The automatic extended reporting period does not extend the policy period or change the scope of coverage provided. We will consider any claim first made during the automatic extended reporting period to have been made on the last day of the policy period. The automatic extended reporting period however will not apply to claims if other insurance you buy covers them or would cover them if its limits of insurance had not been exhausted. The Aggregate Limits of Insurance applicable to this Coverage Part shall not be increased or reinstated for the automatic extended reporting period. B. Optional Extended Reporting Period 1. If you or we cancel or do not renew this insurance you shall have the right to buy an Optional Extended Reporting Period Endorsement beginning with the end of the policy period. The additional premium for and the term of the Optional Extended Reporting Period Endorsement shall be in accordance with the rates and rules in effect at the time of the purchase. You do not have this right however if we cancel for non payment of premium. The Optional Extended Reporting Period Endorsement applies only to claims first made against the Insured during the Optional Extended Reporting Period and arising from medical incidents which take place on or after the retroactive date and before the end of the policy period. The Aggregate Limits of Insurance applicable to this Coverage Part shall be reinstated for claims under the Endorsement. To obtain an Optional Extended Reporting Period Endorsement you must request it in writing within sixty 60 days after the policy period ends and pay the premium due. If you do so an Extended Reporting Period Endorsement can not be canceled. If we do not receive the written request and payment within sixty 60 days after the policy period ends you may not exercise this right at a later date. The insurance provided under the Extended Reporting Period Endorsement is excess over any other valid and collectible insurance that begins or continues in effect after the Extended Reporting Period Endorsement becomes effective whether the other insurance applies on a primary excess contingent or any other basis. Our offer of terms conditions or premium different from the expiring Policy or Coverage Part shall not be considered a refusal or failure to renew this insurance. DEFINITIONS A. Medical Incident means any act error or omission in the providing of or failure to provide professional services. B. Covered proceeding means a proceeding investigation licensure or privileging hearing to determine whether an Insured violated the Emergency Medical Treatment and Labor Act of the Consolidated Omnibus Budget Reconciliation Act of 1986 COBRA. 1112 MP 4 68926 1097 | 2 |
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA 2595 Interstate Drive Suite 103 Harrisburg PA 17110 ADMINISTRATIVE OFFICES 175 Water Street 18 Floor New York NY 10038 A Capital Stock Insurance Company C. Professional Services means 1. Medical surgical dental nursing or other health care services including but not limited to the furnishing of food or beverages in connection with such services the practice of nuclear medicine the furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or the handling or treatment of deceased human bodies including autopsies organ donation or other procedures 2. Services by any person as a member of a formal accreditation standards review or similar professional board or committee of any Insured or 3. Supervising teaching proctoring others at your request. 1112 MP 5 68926 1097 | 2 |
ENDORSEMENT NO. 1 This endorsement effective 1201 AM January 1 2014 Forms a part of policy no. 6796532 Issued to NEWMAN MEMORIAL COUNTY HOSPITAL By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA SCHEDULE OF NAMED INSUREDS ENTITIES The policy is hereby amended as follows This policy shall apply to the following Named Insured Entities Named Insured Retroactive Date Newman Memorial County Hospital dba Newman Regional Health Newman Regional Health Foundation Inc. NRHF Hand In Hand Hospice Newman Regional Health Auxiliary It is understood agreed that the following Named Insured shall have the special rights and duties as outlined in Section V p. of the Common Policy Provisions All other terms conditions and exclusions of the policy remain unchanged. Breede Gppnt. Authorized Representative 68763997 | 2 |
ENDORSEMENT NO. 2 This endorsement effective 1201 AM January 1 2014 Forms a part of policy no. 6796532 Issued to NEWMAN MEMORIAL COUNTY HOSPITAL By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. KANSAS AMENDATORY ENDORSEMENT Wherever used in this endorsement 1 we us our and Insurer mean the insurance company which issued this policy and 2 you your named Insured First Named Insured and Insured mean the Named Corporation Named Organization Named Sponsor Named Insured or Insured stated in the declarations page and 3 Other Insureds means all other persons or entities afforded coverage under the policy. In consideration of the premium charged the cancellation provision of this policy is amended as follows CANCELLATION If a policy has been in effect for ninety 90 days or more or if it is a renewal of a policy we issued the Insurer may cancel this policy only if one or more of the following reasons apply a. nonpayment of premium b. the policy was issued because of a material misrepresentation c. the Insured or Other Insureds violated any of the material terms and conditions of the policy d. unfavorable underwriting factors specific to the Insured or Other Insureds exist that were not present at the inception of the policy e. a determination by the commissioner that continuation of coverage could place the Insurer in a hazardous financial condition or in violation of the laws of this state or f. a determination by the commissioner that the Insurer no longer has adequate reinsurance to meet the Insurer s needs. The Insured will be notified in writing at least thirty 30 days before the effective date of cancellation. NONRENEWAL If the Insurer decides not to renew this policy the Insurer or the Insurer s licensed agent will give at least sixty 60 days written notice to the First Named Insured at the last known address. All notices of cancellation or nonrenewal will contain a written explanation specifically detailing the reasons for cancellation or nonrenewal. Brusdof Yot Authorized Representative 52144 1202 | 2 |
ENDORSEMENT NO. 3 This endorsement effective 1201 AM January 1 2014 Forms a part of policy no. 6796532 Issued to NEWMAN MEMORIAL COUNTY HOSPITAL By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA KANSAS AMENDATORY ENDORSEMENT ADDENDUM TO POLICY FORM No. 68926 1097 The policy is hereby amended as follows In consideration of the premium charged t is hereby understood and agreed that Section I subsection K and L Exclusions are hereby added to the Policy. EXCLUSIONS K. For any injury arising from the rendering of or failure to render professional service by the Insured during any period of time on or after the Initial Effective Date shown as applicable to Professional Liability in the Declaration the Insured failed to maintain in effect the required basic professional liability insurance as prescribed by the Kansas Health Care Provider Insurance Availability Act. L. For an Insured defined as a health care provider under K.S.A. 40 3401f or amendments there to with respect to any liability imposed upon such Insured as a principal vicariously liable for the wrongful conduct of an agent employee or other third party provided such agent employee or other third party is also defined as a health care provider under K.S.A 40 3401f or amendments thereto. It is further understood and agreed that Section V. Conditions P. Special Rights and Duties of Named Insured is deleted in its entirety and replaced with the following Special Rights and Duties of Named Insured The Named Insured shall act on behalf of all Insureds not defined as a health care provider in K.S.A. 40 340f as to 1. Giving and receiving notice of cancellation 2. Payment of premiums and receipt of return premiums 3. Acceptance of any endorsements to this Policy 4. Purchasing or deciding not to purchase the Optional Extended Reporting Period Endorsement if applicable or 5. Making changes in this Policy or any Coverage Part with our consent. 69393198 | 2 |
ENDORSEMENT NO. 3 Each insured defined as K.S.A. 40 3401f as a health care provider shall act on it s own behalf in such matters or execute an assignment of rights authorizing the named insured to do so. This Policy can only be changed by a written endorsement we issue and make a part of this Policy. COVERAGE PART Il MEDICAL PROFESSIONAL LIABILITY CLAIMS MADE. In consideration of the premium charged it understood and agreed that Section Hll Limits of Insurance subsection A is deleted in its entirety and replaced with the following A The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Persons or organizations making claims or bringing suits The limit of insurance apply separately to each health care provider as defined in K.S.A. 40 3401f.. It is further understood and agreed that Section IV Conditions subsection A is deleted in its entirety. V. it is further understood and agreed that Section IV Conditions subsection B is deleted in its entirety and replaced with the following B. Optional Extended Reporting Period 1. If you or we cancel or do not renew this insurance you shall have the right to buy an Optional Extended Reporting Period Endorsement beginning with the end of the policy period. The additional premium for and the term of the Optional Extended Reporting Endorsement shall be in accordance with the rates and rules in effect at the time of the purchase. You do not have this right however if we cancel for non payment of premium. 2. The Optional extended Reporting Period Endorsement applies only to claims first made against the Insured during the Optional Extended Reporting Period and arising from medical incidents which take place on or after the retroactive date and before the end of the policy period. The aggregate Limits of Insurance applicable to this Coverage Part shall be reinstated for claims under the Endorsement. 69393198 | 2 |
ENDORSEMENT NO. 3 To obtain an Optional Extended Reporting Period Endorsement you must request it in writing within sixty 60 days after the policy period ends and pay the premium due. If you do so an Extended Reporting Period Endorsement can not be canceled. If we do not receive the written request and payment within 60 days after the policy period ends you may not exercise this right at a later date. The insurance provided under the Extended Reporting Period Endorsement is excess over any other valid and collectible insurance that begins or continues in effect after the Extended Reporting Period Endorsement becomes effective whether the other insurance applies on a primary excess contingent or any other basis. Our offer of terms conditions or premium different from the expiring Policy or Coverage Part shall not be considered a refusal or failure to renew this insurance. Our offer of an Optional Extended Reporting Period shall apply only as excess of the Health Care Stabilization Fund when a health care provider has complied with the requirements of K.S.A. 40 3403m. All other terms conditions and exclusions remain unchanged. Brsoderd Gtros Authorized Representative 69393198 | 2 |
ENDORSEMENT NO. 4 This endorsement effective 1201 AM January 1 2014 Forms a part of policy no. 6796532 Issued to NEWMAN MEMORIAL COUNTY HOSPITAL By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA MEDICAL PROFESSIONAL LIABILITY KANSAS AMENDATORY ENDORSEMENT HEALTH CARE INSURANCE AVAILABILITY ACT The policy is hereby amended as follows The Declarations Page is hereby amended to add the following Item 9. Health Care Stabilization Fund Surcharge 23668 Hospital Professional Liability Physician Professional Liability The policy is hereby amended as follows Coverage Part lI Section IV. Conditions is hereby deleted in its entirety. All other terms conditions and exclusions of the policy remain unchanged. Bronde Gt Authorized Representative 69644298 | 2 |
ENDORSEMENT NO. 5 This endorsement effective 1201 AM January 1 2014 Forms a part of palicy no. 6796532 Issued to NEWMAN MEMORIAL COUNTY HOSPITAL By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA AMENDMENT OF LIMITS The policy is hereby amended as follows ftem 5. LIMITS OF INSURANCE on the Declarations Page is amended as follows Il Medical Professional Liability For medical incidents covered by the Kansas Healthcare Stabilization Fund Aggregate Limit 600000 Each Medical Incident 200000 For medical incidents not covered by the Kansas Healthcare Stabilization Fund Aggregate Limit 3000000 Each Medical Incident 1000000 This limit applies on a shared limit basis to all entities that are Named Insureds and employed miscellaneous medical personnel volunteers and students while performing services for or on behalf of the Named Insureds. ent All other terms conditions and exclusions of the policy remain unchanged. Bronde ppr. Authorized Representative 78944 1101 | 2 |
ENDORSEMENT NO. 6 This endorsement effective 1201 AM January 1 2014 Forms a part of policy no. 6796532 Issued to NEWMAN MEMORIAL COUNTY HOSPITAL By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA ASBESTOS EXCLUSION This policy is hereby amended as follows This insurance does not apply to any liability for property damage bodily injury sickness disease occupational disease disability shock death mental anguish and mental injury at any time arising out of the manufacture of mining of use of sales of installation of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any other obligation of the Insured to indemnify any party because of damages arising out of such property damage bodily injury sickness disease occupational disease disability shock death mental anguish and mental injury at any time as a result of the manufacture of mining of use of sales of installation of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. We are not obligated to defend any suit or claim against an Insured alleging bodily injury or property damage and seeking damages if such suit or claim arises from bodily injury or property damage resulting from or contributed to by any and all manufacture of mining of use of sales of installation of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. All other terms conditions and exclusions of the policy remain unchanged. Brsoded Gtor Authorized Representative 68767997 | 2 |
ENDORSEMENT NO. 7 This endorsement effective 1201 AM January 1 2014 Forms a part of policy no. 6796532 Issued to NEWMAN MEMORIAL COUNTY HOSPITAL By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA CROSS SUITS LIMITATION Coverage Part Il Medical Professional Liability Coverage is hereby amended as follows Coverage Part Il does not apply to any claim made by one Insured against another Insured. This exclusion does not apply to services by any person as a member of a formal accreditation standards review or similar professional board or committee otherwise covered by this policy. All other terms conditions and exclusions of the policy remain unchanged. Braoded Qpor Authorized Representative 68769997 | 2 |
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