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This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in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.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 2 3 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section i 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. 5 6. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions. 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 il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Hll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period CG 00010413 Insurance Services Office Inc. 2012 Page 6 of 16 | 1 |
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 infingement 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. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 I CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. b. 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 regardiess of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. b. 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. g.. 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 operations hazard. Coverage A Exclusions Excluded under Coverage A. products completed SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. All reasonable expenses All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. CG 00010413 Insurance Services Office Inc. 2012 Page 8 of 16 | 1 |
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 I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 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 fimit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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 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. o o b c Insurance Services Office Inc. 2012 Page 9 of 16 CG 00010413 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or 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 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. SECTION lil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardiess of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and. Damages under Coverage B. A No Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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. 2 4 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and Insurance Services Office Inc. 2012 Page 11 of 16 CG 00010413 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 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. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 insurance Services Office Inc. 2012 CG 00010413 | 1 |
16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the oading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. c 13. 14. 15. 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 b. Malicious prosecution. The wrongful eviction from wrongfut 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 fiquid 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. Page 15 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
18. 19. 20. 21 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 fumnished 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. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment fumished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
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 means information facts or programs replaced by the following stored as or on created or used on or transmitted to or from computer software 2. Exclusions N. including systems and applications This insurance does not apply to software hard or floppy disks CD ROMs p. Access Or Disclosure Of Confidential Or tapes drives cells data processing Personal Information And Data related devices or any other media which are used Liability with electronically controlled equipment. Damages arising out of B. The following is added to Paragraph 2. Exclusions of Section Coverage B 1 Any access to or disclosure of an e. A o peryson s or organization s confidential 0 Personal And Advertising Injury Liability personal information including patents 2. Exclusions trade secrets processing methods This insurance does not apply to customer lists financial information N N credit card information health Access Or Disclosure Of Confidential Or information or any other type of Personal Information nonpublic information or Personal and advertising injury arising out of 2 The loss of loss of use of damage to any access to or discosure of any person s or corruption of inability to access or grgamzanons confidential or personal inability to manipulate electronic data. information including patents trade secrets processing methods customer lists financial This exclusion applies even if damages are information credit card information health clam.ed. for notification costs credit information or any other type of nonpublic monitoring expenses forensic expenses information. 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. 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 However unless Paragraph 1 above incurred by you or others arising out of any applies this exclusion does not apply to access to or disclosure of any person s or damages because of bodily injury. organization s confidential or personal information. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. Insurance Services Office Inc. 2013 CG 21060514 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 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. 2 Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 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 1S0 Properties Inc. 2006 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act 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. IS0 Properties Inc. 2007 Page 1of 1 u CG 21700108 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT 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 A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. ISO Properties inc. 2007 Page 1 of 1 o CG 21760108 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDE.D PROPERTY DAMAGE COVERAGE Schedule Liraits of Insurance Deductible 5000 Each Occurrence 25000 Annual Aggregate 250 Per Claim Insuring Agreement We will pay for loss to personai property of others including the loss of use of such p sperty while in your care custody or control or pers onal property over which you for any purpose are exercising physical control when 1. 2. 3. Loss arises out of operaticns away from your premises Loss is incidental operations and You have property damage iiability coverage for that business under the cover ige form to which this endorsement is attached. to your normal business Loss means unintentional dams ge or destruction but does not include disappearance obstruction. Exclusions The coverage under this endors ement does not apply to loss to 1. 4. Property held by you for sz rvicing repair storage or sale on premises you own rent occupy or otherwise control Property while being trans orted by or caused by the ownership maintenz nce operation use loading or unlcading of atiy auto watercraft or aircraft Property you own rent o occupy including any costs or expenses incurre d by you or any other person organization entity for repair replacement enhancen ient restoration or maintenance of such pioperty for any reason including prevention of injury to a person or damage to another s prop rty Real property. Limit of Insurance The limit of insurance stated in the Schedule of Limits as Each Occurrence is the most we will pay for all damages on account of each claim or suit covered under this endorsiement. The limit of insurance stated in the Schedule of Limits as Annual Aggregate is subject to the above provision respecting each claim the total limit of wur liability for all damages under this endorsement in a1y one policy period. CG714110 01 Includes copyrighted material of ISO properties Inc. with its permission. Deductible We will not be liable on account of any loss except to the extent such loss is in excess of the deductible amount stated in the Schedule of Limits with the insurance then applying to such excess only subject otherwise to the applicable limits of insurance. The terms of the policy with respect to your duties in the event of occurrence claim or suit and our right to investigate negotiate and settle any claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you will promptly reimburse us for any part of the deductible amount as has been paid by us. Settlement In the event of loss covered by this endorsement you will if requested by us replace the property or furnish the labor and materials necessary for repairs at actual cost to you excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced at our option becomes our property. Payment will not constitute an admission of any liability on your part. Other Insurance If any other insurance carried by you applies to a loss covered by this endorsement this endorsement will not apply. Nothing herein contained will be held to alter vary or waive any of the agreements conditions or declarations of this policy except as herein stated. Page 10f 1 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the coverage part apply unless modified by endorsement. A. NEWLY FORMED OR ACQUIRED E. FIRE LIGHTNING OR EXPLOSION DAMAGE ORGANIZATIONS 1. In paragraph 3.a. of Section Il Who is an Insured 90th Day is changed to 180th day. 2 This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements.. SUBSIDIARIES AS INSUREDS Section Il Who Is An Insured is amended by adding the following 1.f. Any legally incorporated subsidiary in which you own more than 50 of the voting stock on the effective date of this policy. However insured does not include any subsidiary that is an insured under any other general liability policy or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy s limits of liability.. SUPPLEMENTARY PAYMENTS Supplementary Payments Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following 1.b. Up to 3000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.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 350 a day because of time off from work. MEDICAL PAYMENTS If Section Coverage C Medical Payments Coverage is not otherwise excluded from this Coverage Form The requirement in the Insuring Agreement of Coverage C. that expenses must be incurred and reported to us within one year of the accident date is changed to three years. The word fire is changed to fire fightning or explosion wherever it appears in the Coverage Form. This amended wording does not apply to hostile fire. Under Section Coverage A the last paragraph after the exclusions is replaced by the following Exclusions c. through n. do not apply to damage by fire lightning explosion smoke or leakage from automatic fire protection systems 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 lil Limits of Insurance. NON OWNED WATERCRAFT Paragraph g.2 of Section Coverage A Exclusions is changed to read 2 A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge. PROPERTY DAMAGE ELEVATORS With respect to Section Coverage A Exclusions paragraphs j.3 j.4 j.6 and k. do not apply to the use of elevators. The insurance afforded by this provision is excess over any valid and collectible property insurance including any deductible available to the insured and the Other Insurance Condition is changed accordingly.. MENTAL ANGUISH Section V Definition 3. is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from bodily injury sickness or disease. CGT1911 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 2 | 2 |
DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Condition paragraph 2. is amended by the following provision 1. The requirement in Condition 2.a. that 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 applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company A partner if you are a partnership A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. J. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Condition paragraph 6. is amended to add the following provision If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. K. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CGT1911 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS INCLUDING COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Persons Or Organizations Project Location Of Project information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of your work performed for that additional insured by or for you at the location designated and described in the Schedule of this endorsement. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.. The following is added to the Other Insurance Condition and supersedes any provision to the contrary Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. f Project Page 1 of1 Includes copyrighted material of ISO Properties nc. with its permission. CGTI83.110 13 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED PROPERTY DAMAGE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The COMMERCIAL GENERAL LIABILITY COVERAGE PART is amended to include the following extension of coverage. The provisions of the Coverage Part apply unless modified by this endorsement. SCHEDULE LIMITS OF INSURANCE DEDUCTIBLE 5000 EACH OCCURRENCE 250 EACH CLAIM 25000 ANNUAL AGGREGATE 1. INSURING AGREEMENT We will pay those sums that an insured becomes legally obligated to pay as damages because of property damage o real or personal property of others while the property is in the insured s care custody or control or over which the insured is for any reason exercising physical control. Property damage must arise out of your operations as a contractor. 2. EXCLUSIONS a. Coverage A Section I Exclusions j3 and j5 are deleted in their entireties. b. Coverage A Section 1 Exclusion j4 is deleted and replaced with the following 1 Personal property in the care custody and control of an insured which is held for servicing repair storage or sale at premises owned rented operated or used by the insured. 3. LIMITS OF INSURANCE a. The each occurrence limit listed above is the most we will pay for all damages because of property damage to real and personal property in the care custody and control of an insured as the result of any one occurrence regardless of the number of 1 insureds 2 claims made or suits brought 3 persons or organizations making claims or bringing suits. b. The aggregate limit listed above is the most we will pay for all damages because of property damage to real or personal property in your care custody and control during the policy period. c. Any payments we make for damages because of property damage to real or personal property in your care custody or control will apply against the General Aggregate Limit shown in the declarations. 4. DEDUCTIBLE Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification by us you will promptly reimburse us for that part of the deductible we paid. 5. OTHER INSURANCE Insurance provided by this endorsement is excess over any other insurance whether primary excess contingent or any other basis. Since insurance provided by this endorsement is excess we will have no duty to defend any claim or suit to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or suit. If no other insurer defends we will undertake o do 50 but we will be entitled to the insured s rights against all those other insurers. Form CG7253 Ed. 12 96 DEDUCTIBLE 250 EACH CLAIM | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. CG755510 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1of 1 | 2 |
L 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 1. The insurance does not apply C. Under any Liability Coverage to bodily injury A. Under any Liability Coverage to bodily injury or property damage resulting from hazard or property damage ous properties of nuclear material if 1 With respect to which an insured under 1 Thgnyclear material a is at any nuclear the policy is also an insured under a nuc facility owned by or operated by or on be lear energy liability policy issued by Nuclear Energy Liability Insurance Association Mu tual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is 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 entitied 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 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. half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the fumishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuc lear 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 spe cial nuclear material or by product material. 2 3 IL 00 21 09 08 IS0 Properties Inc. 2007 Page 1 of 2 o | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed 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 nuc lear 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 packag ing waste c Any equipment or device used for the processing fabricating or ailoying of spe cial 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 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 0of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com mon Policy Condition are replaced by the follow ing 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days c If this policy has been in effect for more than 60 days or if this is a renewat of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 3 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in sured or The determination by the Director of In surance that the continuation of the pol icy could place us in violation of the Ne braska Insurance Laws. T. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service 5 The risk originally accepted has sub Certificate of Mailing shall be sufficient proof of stantially increased receipt of notice on the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 1 0of 2 o | 2 |
2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. IL 02 59 09 07 ISO Properties Inc. 2006 Page 2 of 2 | 2 |
1L 0276 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA 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 EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART c. If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel only for one or more 1. The first Named Insured shown in the Declara of the following reasans tions may cancel this policy by mailing or deliv 1 Nonpayment of premium ering to us advance written notice of cancella 2 Misrepresentation or fraud made by or tion. with your knowledge in obtaining the policy when renewing the policy or in presenting a claim under the policy Acts or omissions by you that substan. The Cancellation Common Policy Condition is replaced by the following CANCELLATION 2. Cancellation Requirements a. We may cancel this policy by mailing or delivering to the first Named Insured and any loss payee written notice of cancella tion at least 1 30 days before the effective date of cancellation if we cancel due to loss of reinsurance coverage 2 10 days before the effective date of cancellation if we cancel for any other reason. b. If this policy is a new policy and has been in effect for less than 60 days we may cancel for 1 Loss of reinsurance subject to d. below or 2 Any other reason. tially change or increase the risk in sured Determination by the Commissioner that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state You have acted in a manner which you knew or should have known was in vio lation or breach of a policy term or con dition or 6 Loss of reinsurance subject to d. below. d. We may cancel due to loss of reinsurance which provides coverage to us for a signifi ca nt portion of the underlying risk insured but only if the Commissioner determines that such cancellation is justified. 5 IL 02 76 09 08 ISO Properties Inc. 2007 Page 1 of 2 a | 2 |
. We will mail or deliver our notice to the first Named Insured s and any loss payee s last mailing address known to us.. Notice of cancellation will state a. The reason for cancellation and b. The effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund.. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. However if cancellation is for nonpayment of premium a certificate of mailing is not re quired. B. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and any loss payee at least 45 days before the expiration date of this policy except if a. We have offered to issue a renewal policy or b. You have failed to pay a premium due or any advance premium required by us for renewal.. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. Page 2 of 2 ISO Properties Inc. 2007 IL 0276 09 08 o | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L702810 05 Page 1of 1 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINITION OF YOUR WORK AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Under SECTION V DEFINITIONS the definition for your work is deleted and replaced by the following but only in regard to SECTION COVERAGE A Damage to Your Work exclusion and SECTION V Products Completed Operations Hazard definition Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work 2 The providing of or failure to provide warranties or instructions and 3 Property other than your work damaged because of or arising out of repair or replacement of your work. Does not include property other than your work damaged as a result of your work unless damaged because of or arising out of repair or replacement of your work. I to SECTION COVERAGE A our Work exclusion and SECTION V pleted Operations Hazard definition or operations performed by you or on half and 1L73395 11 Includes copyrighted material of ISO Properties Inc. with its permission. Pageof t | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4D9 85 92 15 KAV CONTRACTING LLC EFF DATE 101714 EXP DATE 101715 TERM 1.000 SIMPLIFIED COMMERCIAL GENERAL LIABILITY RATING WORKSHEET B L N T ACCOUNT DOMICILE STATE IA COMMISSION CONTRIBUTION CC 0.0 LOCATION STATE IA EXPENSE REDUCTION ER 0.0 LIMITS OF LIABILITY GEN AGGR LIM 2000000 PROD COMPL OPS 2000000 EACH OCC LIM 1000000 LOCATION 001 SUB 334 ST IA TERR 502 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 1.250 X EXPER 1.000 X ER 1.000 X PKG 0.880 X OTHER 0.990 MOD 1.089 91342 16.040 3 1.68 1.089 29.345 175000 5135 91580 22.761 3 1.68 1.089 41.641 IF ANY 0 91585A 0.950 3 1.68 1.089 1.738 IF ANY 0 SUB 334 ST IA TERR 999 SCHED cc SSRP 1.000 X EXPER 1.000 X ER 1.000 X PKG 0.880 X OTHER 1.000 MOD 0.880 87224 1 25 87711 1 50 87781 1 0 87786 1 150 87793 1 25 LOCATION SUBLINE TOTAL 5385 SUB 336 ST IA TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 1.250 X EXPER 1.000 X ER 1.000 X PKG 0.880 X OTHER 0.990 MOD 1.089 91342 12.800 c 1.91 1.089 26.624 175000 4659 915853 1.640 c 1.91 1.089 3.411 IF ANY 0 LOCATION SUBLINE TOTAL 4659 ADDITIONAL INTEREST CLASS FLT PRO TERM SUB CLASS PREMIUM RATE CHG RATE PREM 1334 87781 150 150 DATE OF ISSUE 102714 BPP CONTINUED WORK GL BPP 090814 003 LN 4D98592 1501 LOCATION 001 SUB 334 ST IA TERR 502 NET ANNUAL PRO TER LASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREI 1.089 1.089 41.641 1.738 IF ANY IF ANY 37711 1 37781 1 37786 1 37793 1 LOCATION SUBLINE TOTAL SUB 336 ST IA TERR 999 NET ANNUAL ASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE 5385 PRO RATE TER PREL 1585A 1.640 DITIONAL INTEREST SUB CLASS 1334 87781 CLASS PREMIUM c 1.91 RATE 1.089 3.411 IF ANY LOCATION SUBLINE TOTAL FLT CHG 150 PRO RATE. 4659 TERM PREM 150 nan nan nan nan 4659.0 TERM PREM 150 FLT CHG 150 PRO RATE. RATE | 2 |
AF EMC Insurance Companies PAGE 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4D9 85 92 15 KAV CONTRACTING LLC EFF DATE 101714 EXP DATE 101715 LOCATION 002 SUB 334 ST NE TERR 501 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM SCHED cc SSRP 1.250 X EXPER 1.000 X ER 1.000 X PKG 0.900 X OTHER 0.990 MOD 1.114 91342 14.736 3 1.68 1.114 27.578 IF ANY 0 91585A 0.350 3 1.68 1.114 0.655 IF ANY 0 LOCATION SUBLINE TOTAL 0 SUB 336 ST NE TERR 999 NET ANNUAL PRO TERM CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PREM 91342 16.512 c 1.91 1.114 35.133 IF ANY 91585A 0.164 C 1.91 1.114 0.349 IF ANY 0 LOCATION SUBLINE TOTAL 0 TERRORISM CHARGE ST TIER TERM STATE TIER PREMIUM FACTOR PREM IA 3 10194 0.008 82 NE 3 0 0.008 1 TOTAL POLICY TERM PREMIUM 10277.00 DATE OF ISSUE 102714 BPP WORK GL BPP 090814 003 LN 4D98592 1501 LOCATION 002 UB 334 ST NE TERR 501 NET ANNUAL PRO TERI LASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE RATE PRE 91585A 0.350 3 1.68 1.114 0.655 IF ANY LOCATION SUBLINE TOTAL SUB 336 ST NE TERR 999 NET ANNUAL CLASS BASE XCU X EXC X LIM DED X MOD RATE EXPOSURE 91342 16.512 C 1.91 1.114 35.133 IF ANY 91585A 0.164 C 1.91 1.114 0.349 IF ANY LOCATION SUBLINE TOTAL RRORISM CHARGE ST TIER STATE TIER PREMIUM FACTOR IA 3 10194 0.008 NE 3 0 0.008 TOTAL POLICY TERM PREMIUM PRO TER TERM PREM 82 1 10277.00 1585A 0.164 RRORISM CHARGE TIER 1.91 ST TIER PREMIUM 10194 0 1.114 LOCATION. FAC nan nan nan nan 10277.0 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4D9 85 92 15 KAV CONTRACTING LLC TRANSACTION RENEWAL01 PRIOR POL 4D9 85 92 TRANSACTION INFORMATION POLICY TERM 10172014 TO 10172015 TRANS DATE 10172014 ACCOUNT NAME KAV CONTRACTING LLC CO BR AGENT A B8210 ACCOUNT MAILING STATE IA PROGRAM FINANCING N BILLING METHOD D CDB AUDIT FREQUENCY A PROFIT SHARE Y SIC 1751 ACCOUNT ORIGINAL EFF DATE 10172013 TYPE OF POLICY CONTR 38 ACCOUNT FEIN TRANS PREMIUM 10277.00 POLICY ID BA COMMISSION 15.0 PREMIUM 10277.00 ACCOUNT DOMICILE STATE IA DATE OF ISSUE 102714 BPP STAT GL BPP 090814 003 LN 4D98592 1501 AV CONTRACTING LLC TRANSACTION INFORMATIO RIOR POL 4D9 85 92 S DATE 10172014 R AGENT A B8210 RAM JING METHOD D CDB IT SHARE Y POLICY TERM 10172014 TO 10172015 ACCOUNT NAME KAV CONTRACTING LLC ACCOUNT MAILING STATE IA FINANCING N AUDIT FREQUENCY A SIC 1751 ACCOUNT ORIGINAL EFF DATE 10172013 ACCOUNT FEIN POLICY ID BA COMMISSION 15.0 1IUM | 2 |
A STOCK COMPANY MARKEL EVANSTON INSURANCE COMPANY Ten Parkway North Deerfield IL 60015 INSURANCE POLICY Coverage afforded by this policy is provided by the Company Insurer and named in the Declarations. In Witness Whereof the company insurer has caused this policy to be executed and attested and countersigned by a duly authorized representative of the company insurer identified in the Declarations. i Loace dhergson Ty W Secretary President MJIL 1000 08 10 Page 10of 1 A STOCK COMPANY MARKEL EVANSTON INSURANCE COMPANY Ten Parkway North Deerfield IL 60015 INSURANCE POLICY Coverage afforded by this policy is provided by the Company Insurer and named in the Declarations. In Witness Whereof the company insurer has caused this policy to be executed and attested and countersigned by a duly authorized representative of the company insurer identified in the Declarations. i Loace dhergson Ty W Secretary President MJIL 1000 08 10 Pagde 1o0f1 A STOCK COMPANY MARKEL EVANSTON INSURANCE COMPANY Ten Parkway North Deerfield IL 60015 INSURANCE POLICY Coverage afforded by this policy is provided by the Company Insurer and named in the Declarations. In Witness Whereof the company insurer has caused this policy to be executed and attested and countersigned by a duly authorized representative of the company insurer identified in the Declarations. litdinlsce Argson Secretary | 2 |
INTERLINE MARKEL PRIVACY NOTICE We are committed to safeguarding your privacy. We understand your concerns regarding the privacy of your nonpublic personal information. No nonpublic personal information is required to be collected when you visit our websites however this information may be requested in order to provide the products and services described. We do not sell nonpublic per sonal information to non affiliated third parties for marketing or other purposes. We only use and share this type of infor mation with non affiliated third parties for the purposes of underwriting insurance administering your policy or claim and other purposes as permitted by law such as disclosures to insurance regulatory authorities or in response to legal pro cess. Notwithstanding the foregoing we may use this information for the purpose of marketing our own products and ser vices to you. We collect nonpublic personal information about you from the following sources e Information we receive from you on applications or other forms o Information about your transactions with us our affiliates or others andor e Information we receive from consumer reporting agencies and inspection reports. We do not disclose any nonpublic personal information about our customers claimants or former customers claimants to anyone except as permitted by law. We may disclose nonpublic personal information about you to the following types of third parties e Service providers such as insurance agents and or brokers and claims adjusters andor e Other non affiliated third parties as permitted by law. We restrict access to nonpublic personal information about our customers claimants to those individuals who need to know that information to provide products and services to our customers claimants or as permitted by law. We maintain physical electronic and procedural safeguards to guard your nonpublic personal information. Residents of California You may request to review and make corrections to recorded non public personal information contained in our files. A more detailed description of your rights and practices regarding such information is available upon request. Please con tact your agent broker for instructions on how to submit a request to us. MPIL 1007 03 14 Page 1 of 1 | 2 |
MARKEL EvANSTON INSURANCE COMPANY INTERLINE COMMON POLICY SURPLUS LINES NOTIFICATION SUPPLEMENT TO DECLARATIONS THE INSURER WHICH HAS ISSUED THIS INSURANCE IS NOT LICENSED BY THE PENNSYLVANIA INSURANCE DEPARTMENT AND IS SUBJECT TO LIMITED REGULATION. THIS INSURANCE IS NOT COVERED BY THE PENNSYLVANIA INSURANCE GUARANTY ASSOCIATION. NOTICE THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT LICENSED TO DO BUSINESS IN THE STATE OF RHODE ISLAND BUT APPROVED AS A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE RHODE ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME INSOLVENT THE PROTECTION AND BENEFITS OF THE RHODE ISLAND INSURERS INSOLVENCY FUND ARE NOT AVAILABLE. MPIL 1039 01 12 Page 10f 1 J i LIvERNVELD DT T it 1LV AINIA REGULATION. THIS INSURANCE IS NOT Y ASSOCIATION. ECOME INSOLVENT THE PROTECTION AND BENEFITS OF THE RHODE ISLAND INSURERS ISOLVENCY FUND ARE NOT AVAILABLE. | 2 |
MARKEL HOW TO REPORT A CLAIM How to report a new claim o Email newclaimsmarkelcorp.com o FAX 855 662 7535 e Phone 800 362 7535 o Mail P.O. Box 2009 Glen Allen VA 23058 2009 Please complete the appropriate ACORD form in detail and include the name and phone number of the contact person at the location of the reported incident. If possible please attach a copy of the facility incident report. When reporting an auto claim please identify the unit on the schedule along with the VIN. If the loss claim involves a building or damage to property please provide the physical address of the property. Please refer to your specific policy language for new claim reporting requirements. Some policies require you to report all claims in writing only. il newc 855 ne 800 P.O.1 How to send Supplemental Information Questions on an existing claim e Email markelclaimsmarkelcorp.com o FAX 855 662 7535 e Phone 800 362 7535 o Mail P.O. Box 2009 Glen Allen VA 23058 2009 If you have questions about a claim please call 1 800 362 7535. Inquiries may also be faxed to 1 855 662 7535. MPIL 1041 02 12 Page 1 of 1 | 2 |
MARKEL INTERLINE EVANSTON INSURANCE COMPANY U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous e Foreign agents Front organizations e Terrorists Terrorist organizations and e Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpswww.treasury.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. MPIL 1083 04 15 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
lll EVANSTON INSURANCE COMPANY MARKEL COMMON POLICY DECLARATIONS POLICY NUMBER 3AA363127 RENEWAL OF POLICY 3AA306157 Named Insured and Mailing Address No. Street Town or City County State Zip Code NORTH CAMPUS CONDOMINIUM ASSOCIATION INC 3415 S. SEPULVEDA BLVD. 9TH FLOOR LOS ANGELES CA 90034 Policy Period From 10012019 to 11012019 at 1201 A.M. Standard Time at your mailing address shown above. BUSINESS DESCRIPTION COMMERCIAL LRO FORM OF BUSINESS Individual Partnership Joint Venture Trust j Corporation Limited Liability Company X Other Organization NOT FOR PROFIT ORG Audit Period Annual unless otherwise stated ANNUAL FTZ Code IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS BUT ONLY FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part 350.00 Commercial Inland Marine Coverage Part NOT COVERED Commercial Ocean Marine Coverage Part NOT COVERED Commercial Professional Liability Coverage Part NOT COVERED Commercial Automobile Liability Coverage Part NOT COVERED Liquor Liability Coverage Part NOT COVERED Crime Coverage Part NOT COVERED Other Coverages Terrorism NOT COVERED Premium Total 350.00 Other Charges RI STATE TAX 14.00 State Surplus Lines License 1069118 GRAND TOTAL 364.00 THE INSURER WHICH HAS ISSUED THIS INSURANCE IS NOT LICENSED BY THE PENNSYLVANIA INSURANCE DEPARTMENT AND IS SUBJECT TO LIMITED REGULATION. THIS INSURANCE IS NOT COVERED BY THE PENNSYLVANIA INSURANCE GUARANTY ASSOCIATION. NOTICE THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT LICENSED TO DO BUSINESS IN THE STATE OF RHODE ISLAND BUT APPROVED AS A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE RHODE ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME INSOLVENT THE PROTECTION AND BENEFITS OF THE RHODE ISLAND INSURERS INSOLVENCY FUND ARE NOT AVAILABLE. DAVIS D. MOORE LICENSE 1069118 MDIL 1000 08 11 Page 1 of 2 EVANSTON INSURANCE COMPANY verage Part rage Part rage Part y Coverage Part Coverage Part Other Charges SE 1069118 | 2 |
Producer Number Name and Mailing Address 03250 Worldwide Facilities LLC L.A. 725 S. Figueroa St. 19th floor Inspection Ordered Yes No X Los Angeles CA 90017 Program Code ENDORSEMENTS Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue SEE SCHEDULE OF FORMS ATTACHED. These declarations together with the Policy Conditions and Coverage Forms and any Endorsements complete the above numbered policy. E.i P Countersigned By Date 10272019 Cxz AUTHORIZED REPRESENTATIVE MDIL 1000 08 11 Page 2 of 2 | 2 |
INTERLINE POLICY NUMBER 3AA363127 MARKEL EVANSTON INSURANCE COMPANY SCHEDULE OF TAXES SURCHARGES OR FEES Description STATE TAX State Amount 14.00 14.00 TOTAL MDIL 1002 01 10 Page 10f 1 | 2 |
MARKEL Policy Number 3AA363127 EVANSTON INSURANCE COMPANY FORMS SCHEDULE Form Number Form Name Forms Applicable INTERLINE MJIL 1000 08 10 MPIL 1007 03 14 MPIL 1039 01 12 MPIL 1041 02 12 MPIL 1083 04 15 MDIL 10 08 11 MDIL 1002 01 10 MDIL 1001 08 11 IL 00 17 11 98 MEIL 1200 10 16 MIL 1214 09 17 POLICY JACKET PRIVACY NOTICE STAMPING SCHEDULE HOW TO REPORT A CLAIM U.S. TREASURY DEPT OFFICE OF FOREIGN ASSETS CONTROL NOTICE COMMON DECLARATIONS STATE TAXES AND FEES SCHEDULE FORMS SCHEDULE COMMON POLICY CONDITIONS SERVICE OF SUIT TRADE OR ECONOMIC SANCTIONS Forms Applicable GENERAL LIABILITY MDGL 1008 08 11 IL 00 21 09 08 MEIL 1225 10 11 CG 00 01 04 13 CG 21 07 14 CG 21 36 03 05 CG 21 44 17 CG 21 47 12 07 CG 21 49 09 99 CG 21 73 01 15 MEGL 0001 08 14 MEGL 0008 01 16 MEGL 0172 10 14 MEGL 1636 05 17 MGL 1214 07 12 MGL 1319 01 16 COMMERCIAL GL DEC NUCLEAR ENERGY LIAB EXCL ENDT CHANGES CIVIL UNION COMMERCIAL GENERAL LIABILITY COVERAGE FORM DEDUCTIBLE LIABILITY INSURANCE EXCL ACCS OR DISC OF CNFD OR PRNL DATA RTD LIB BDLY INJY EXPN NT INC EXCL NEW ENT LIMITATION OF COVERAGE TO DESIGNATED EMPLOYMENT RELATED PRACTICES EXCL TOTAL POLLUTION FORM EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMBINATION GENERAL ENDORSEMENT EXCLUSION CONTINUOUS OR PROGRESSIVE INJURY OR DAMAGE PRODUCTSCOMPLETED OPSINCLUDED GENERAL AGGREGATE LIMIT EXCL EMPLOYER S LIABILITY AND BODILY INJURY DATA BREACH COVERAGE CLAIMS MADE EXCLUSION UNMANNED AIRCRAFT MDIL 1001 08 11 Page 1of 1 | 2 |
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing 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. o 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 ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient 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 re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time 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 warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. Ld 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 rec ommendations. el Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Page 10f 1 Qo Copyright Insurance Services Office Inc. 1998 | 2 |
MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT Except with respect to any policy issued in any state in which the Insurer is licensed as an admitted insurer to transact business it is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder the Company at the request of the Named Insured will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company s rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Secretary Legal Department Markel Service Incorporated Ten Parkway North Deerfield lllinois 60015 and that in any suit instituted against the Company upon this policy the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Further pursuant to any statute of any state territory or district of the United States which makes provision therefor the Company hereby designates the Superintendent Commissioner or Director of Insurance or other official specified for that purpose in the statute or his her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Named Insured or any beneficiary hereunder arising out of this policy and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. MEIL 1200 10 16 Page 1 of 1 | 2 |
MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS The following is added to this policy Trade Or Economic Sanctions This insurance does not provide any coverage and we the Company shall not make payment of any claim or provide any benefit hereunder to the extent that the provision of such coverage payment of such claim or provision of such benefit would expose us the Company to a violation of any applicable trade or economic sanctions laws or regulations including but not limited to those administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC. All other terms and conditions remain unchanged. MIL 1214 09 17 Page 1 of 1 | 2 |
lll EVANSTON INSURANCE COMPANY MARKEL COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS POLICY NUMBER 3AA363127 X If Supplemental Declarations Is Attached RETROACTIVE DATE THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES LIMITS OF INSURANCE General Aggregate Limit other than Products Completed Operations 2 000 000 Products Completed Operations Aggregate Limit INCLUDED Personal and Advertising Injury Limit 1000000 Any One Person or Organizatiol Each Occurrence Limit 1000000 Damage to Premises Rented to You Limit 100000 Any One Premises Medical Expense Limit 5000 i Any One Person ALL PREMISES YOU OWN RENT OR OCCUPY Loc No. ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY 01 50 MAUDE ST PROVIDENCE RI 02908 CLASSIFICATION AND PREMIUM Loc Code No. Rating Premium Other Rate Advance Premium No. Classification Basis Basis Basis PriCo All Other PriCo All Other 01 61212 Arear 28134 INCLUDED 8.50 INCLUDED 350.00 BUILDINGS OR PREMISES BANK OR OFFICE MERCANTILE OR MANUFACTURING LESSOR S RISK ONLY FOR PROFIT PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT a Area c Total Cost m Admissions p Payroll s Gross Sales u Units r Gross Total Receipts e Each o Other Advance 350.00 Premium Basis identified with a is per 1000 of selected basis. Premium These declarations together with the Common Policy Conditions and Coverage Forms and any Endorsements complete the above numbered policy. FORMS AND ENDORSEMENTS SEE FORMS SCHEDULE MDIL 1001 MP EVANSTON INSURANCE COMPANY rations Aggregate Limit Injury Limit ted to You Limit Any One Premises Any One Person PRODUCIS COMPLETED OPERATIONS ARE SUBJECT 1O THE GENERAL AGGREGAIE LIMIT MDGL 1008 08 11 Page 10f 1 | 2 |
IL 002109 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 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is 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 by the United States of America or any 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. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous 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 pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any 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.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous 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 pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any 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 spe cial nuclear material or by product material. 1L 002109 08 Page 10f 2 Qo IS0 Properties Inc. 2007 | 2 |
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 foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. 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 ex posed to radiation in a nuclear reactor. Waste means any waste material containing by product material other than the tailings or wastes produced by the extraction or 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 packag ing waste Page 20f 2 IL 00 21 09 08 a IS0 Properties Inc. 2007 | 2 |
MARKEL INTERLINE EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES CIVIL UNION All references to spouse or family member in any Coverage Part or policy form made part of this insurance shall include a party to a civil union or domestic partnership law recognized under any applicable statute. All other terms and conditions remain unchanged. MEIL 1225 10 11 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 3 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 2 3 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. e. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 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 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including 6 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. j 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 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section I Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 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.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. 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. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
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. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 3 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 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. 14 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. 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. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
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 and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 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. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 14 g. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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.. 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. SECTION Iil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately 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.. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 3 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraph 2. above the Personal And Adbvertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and el o CG 00010413 Insurance Services Office Inc. 2012 Page 11 0f 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows 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. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether y primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work 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 I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitted 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.. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit 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.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 120f 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if 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 ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. o N However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or C. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication 3 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 fuffilling the terms of the contract or agreement. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement. 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 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 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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. 10. 1 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or 14 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 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. 14 premises. However ract for a lease of ies any person or by fire to premises v nporarily occupied by 11. the owner is not an f agreement except in iction or demolition k feet of a railroad ed by ordinance to except in connection Yi agreement k ontract or agreement iness including an Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
13. 14. 15. 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 b. Malicious prosecution. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 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 equipment or 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. tools uninstalled abandoned or unused 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
POLICY NUMBER 322363127 COMMERCIAL GENERAL LIABILITY CG 03000196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE YurcUuuULc Coverage Amount and Basis of Deductible PERCLAIMor PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Bodily Injgry Liability andor 500 Property Damage Liability Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE 500 nan nan nan nan 500.0 A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as appli cable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one 2. person because of bodily injury b. Under Property Damage Liability Cov erage to all damages sustained by any one person because of property dam age or CG 03000196 Copyright Insurance Services Office Inc.. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property dam age combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate de ductible amount will be applied to each person making a claim for such dam ages. With respect to property damage person includes an organization. PER OCCURRENCE BASIS. If the deducti ble amount indicated in the Schedule above is on a per occurrence basis that deducti ble amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily in jury 1994 Page 1 of 2 Qa | 2 |
b. Under Property Damage Liability Cov erage to all damages because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property dam age combined as the result of any one occurrence re gardless of the number of persons or organ izations who sustain damages because of that occurrence. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. CG 03 00 01 96 Copyright Insurance Services Office Inc. 1994 Page 2 of 2 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21070514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A B. The following is added to Paragraph 2. 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. 2 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. 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. 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 21070514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2136 0305 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW ENTITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3. of Section Il Who Is An Insured does not apply. ISO Properties Inc. 2004 CG 21 36 03 05 Page 1 of 1 | 2 |
POLICY NUMBER 3AA363127 POLICY NUMBER 3AA363127 COMMERCIAL GENERAL LIABILITY CG 21440417 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES PROJECT OR OPERATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises 50 MAUDE ST PROVIDENCE RI 02908 Project Or Operation Information required to complete this Schedule if not shown above will be shown in the Declarations. A. If this endorsement is attached to Commercial General Liability Coverage Form CG 00 01 the provisions under this Paragraph A. apply 1. Paragraph 1.b. under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following b. This insurance applies to bodily injury and property damage caused by an occurrence that takes place in the coverage territory only if 1 The bodily injury or property damage a Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or b Arises out of the project or operation shown in the Schedule 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2. Paragraph 1.b. under Section Coverage B Personal And Advertising Injury Liability is replaced by the following b. This insurance applies to personal and advertising injury caused by an offense committed in the coverage territory but only if 1 The offense arises out of your business a Performed on the premises shown in the Schedule or MAUDE ST PROVIDENCE RI 02908 CG 21440417 Insurance Services Office Inc. 2016 Page 10f 3 | 2 |
b In connection with the project or operation shown in the Schedule and 2 The offense was committed during the policy period. However with respect to Paragraph 1.b.1a of this Insuring Agreement if the personal and advertising injury is caused by 1 False arrest detention or imprisonment or 2 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 then such offense must arise out of your business performed on the premises shown in the Schedule and the offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. 3. Paragraph 1.a. under Section Coverage C Medical Payments is replaced by the following a. We will pay medical expenses as described below for bodily injury caused by an accident that takes place in the coverage territory if the bodily injury 1 Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or 2 Arises out of the project or operation shown in the Schedule provided that a The accident takes place during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. B. If this endorsement is attached to Commercial General Liability Coverage Form CG 00 02 the provisions under this Paragraph B. apply 1. Paragraph 1.b. under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following b. This insurance applies to bodily injury and property damage caused by an occurrence that takes place in the coverage territory only if 1 The bodily injury or property damage a Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or b Arises out of the project or operation shown in the Schedule 2 The bodily injury or property damage did not occur before the Retroactive Date if any shown in the Declarations or after the end of the policy period and A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph 1.c. of this Insuring Agreement during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Periods. 2. Paragraph 1.b. under Section Coverage B Personal And Advertising Injury Liability is replaced by the following b. This insurance applies to personal and advertising injury caused by an offense committed in the coverage territory but only if 1 The offense arises out of your business a Performed on the premises shown in the Schedule or b In connection with the project or operation shown in the Schedule 2 The offense was not committed before the Retroactive Date if any shown in the Declarations or after the end of the policy period and 3 CG 21440417 Insurance Services Office Inc. 2016 Page 2 of 3 | 2 |
3 A claim for damages because of the personal and advertising injury is first made against any insured in accordance with Paragraph 1.c. of this Insuring Agreement during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Periods. However with respect to Paragraph 1.b.1a of this Insuring Agreement if the personal and advertising injury is caused by 1 False arrest detention or imprisonment or 2 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 then such offense must arise out of your business performed on the premises shown in the Schedule and the offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. 3. Paragraph 1.a. under Section Coverage C Medical Payments is replaced by the following a. We will pay medical expenses as described below for bodily injury caused by an accident that takes place in the coverage territory if the bodily injury 1 Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or 2 Arises out of the project or operation shown in the Schedule provided that a b c The accident takes place during the policy period The expenses are incurred and reported to us within one year of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. CG 21440417 Insurance Services Office Inc. 2016 Page 3 of 3 | 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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Li 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 defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 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 defamation harassment humiliation discrimination 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 above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. SO Properties Inc. 2006 Pagetof1 0O CG 21471207 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21490999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 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 escape of pollutants at any time. 2 Any loss cost or expense arising out of any b 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. Page1of1 O CG 21490999 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.. 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. CG21730115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
MARKEL COMMERCIAL GENERAL LIABILITY EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINATION GENERAL ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability are revised as follows 1. The following Exclusion a. Is added to Coverage A and b. Replaces the Breach Of Contract exclusion in Coverage B This insurance does not apply to Breach Of Contract Claims arising out of breach of contract whether written or oral express or implied implied in law or implied in fact contract. The following Exclusions are added This insurance does not apply to Cross Suits Bodily injury property damage personal and advertising injury or any injury loss or damage including consequential injury loss or damage arising out of caused or contributed to by any Named Insured covered by this policy initiating causes of action or allegations against any other Named Insured covered by this policy. Discrimination Bodily injury property damage personal and advertising injury or any injury loss or damage including consequential injury loss or damage arising out of caused or contributed to by discrimination of any kind actual or alleged. Fines Penalties And Punitive Or Exemplary Damages Fines penalties and punitive or exemplary damages or any expenses or any obligation to share such damages or repay another. However this exclusion does not apply to punitive damages from wrongful death brought under Alabama s Wrongful Death Statute. Hazardous Or Toxic Materials Bodily injury property damage personal and advertising injury or any injury loss or damage including consequential injury loss or damage arising out of caused or contributed to by hazardous or toxic materials 1 Whether arising out of actual alleged or threatened inhalation of ingestion of contact with exposure to existence of presence of discharge dispersal seepage migration infiltration infestation release escape growth production or reproduction of or toxic substances from hazardous or toxic materials. This applies regardless of source including but not limited to from any goods products or structures containing MEGL 0001 08 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f3 | 2 |
hazardous or toxic materials or the existence of hazardous or toxic materials in any form in occupancy construction manufacture sale transportation handling storage disposal distribution or removal and 2 Regardless of supervision instructions recommendations requests warnings or advice given or which should have been given as well as any costs including but not limited to abatement mitigation removal containment treatment detoxification neutralization or disposal of hazardous or toxic materials or in any way respond to assess the effects of hazardous or toxic materials. Coverage does not apply to any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of hazardous or toxic materials by any insured or by any other person or entity. Legionellae 1 Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation or aspiration of ingestion of contact with exposure to existence of or presence of any legionellae regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation or aspiration of ingestion of contact with exposure to existence of or presence of any legionellae regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. 3 Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying disinfecting neutralizing remediating or disposing of or in any way responding to or assessing the effects of legionellae by any insured or by any other person or entity. Movement Of Land Or Earth Bodily injury property damage personal and advertising injury or any injury loss or damage including consequential injury loss or damage arising out of caused or contributed to by movement of land or earth regardless of whether it emanates from is aggravated by or is attributable to any operations performed by or on behalf of any insured whether the first manifestation occurs during the policy period or prior or subsequent thereto. Movement of land or earth includes instability subsidence settling sinking slipping falling away caving in shifting eroding rising tilting bulging cracking mud flow mudslide earthquake shrinking or expansion of ground slabs footings foundations walls roofs floors ceilings or any other real property or part thereof. Professional Liability Professional liability errors omissions negligent acts malpractice or acts of any type including rendering or failure to render any type of professional service unless such coverage is specifically endorsed onto the policy. B. The following is added to Section Il Who Is An Insured When coverage does not apply for the Named Insured no coverage or defense shall be afforded to any Additional Insured under this policy. C. All references in this policy to minimum premium deposit premium and premium audit are replaced by the following 1. The premium shown as advanced premium is both a deposit premium and a minimum premium for the policy term. At the close of each audit period we will compute the earned premium for that period. If the earned is more than the advanced premium then the amount by which the earned exceeds the advanced premium is due and payable on notice to you. If the earned premium is less the advanced premium applies as the minimum premium with no return premium payable to you. 2. If this policy is cancelled the pro rata or short rate of the minimum and deposit premium will apply for the policy term subject to an absolute minimum earned premium of 25 of the total advanced premium unless final audit develops a premium greater than 25 of the total advanced premium. If your business is seasonal the minimum premium then becomes fully earned at the end of your season. D. Section V Definitions is amended to add the following Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. However this exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for bodily consumption. MEGL 0001 08 14 Includes copyrighted material of Insurance Services Office Inc. Page 2 of 3 with its permission. Page 2 of 3 | 2 |
Hazardous or toxic materials means asbestos lead silica dust toxic dust fungi bacteria organic pathogens bio organic growth or systemic chemical poison. All other terms and conditions remain unchanged. MEGL 0001 08 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 0f 3 | 2 |
MARKEL COMMERCIAL GENERAL LIABILITY EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTINUOUS OR PROGRESSIVE INJURY OR DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Paragraph 2. Exclusions under Section Coverages Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability This insurance does not apply to Continuous Or Progressive Injury Or Damage Bodily injury property damage or personal and advertising injury which 1 First occurred first began to occur or is alleged to have first occurred 2 Is alleged to be in the process of occurring to any degree or 3 Is caused by or alleged to have been caused by incremental continuous or progressive injury or damage arising from n occurrence or offense which first occurred began to occur or is alleged to have first occurred prior to the effective date of this policy. All other terms and conditions remain unchanged. MEGL 0008 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
MARKEL COMMERCIAL GENERAL LIABILITY EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS INCLUDED IN GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Paragraph 2. under Section Ill Limits Of Insurance is replaced by the following 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A including damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Paragraph 3. under Section Ill Limits Of Insurance is deleted in its entirety. Paragraph b.3 of Definition 16. Products completed operations hazard under Section V Definitions is deleted in its entirety. All other terms and conditions remain unchanged. MEGL 017210 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 1 | 2 |
MARKEL COMMERCIAL GENERAL LIABILITY POLICY NUMBER 3AA363127 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EMPLOYER S LIABILITY AND BODILY INJURY TO CONTRACTORS OR SUBCONTRACTORS IN DESIGNATED STATES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated States Illinois New York Paragraph B. below only applies to the states shown in this Schedule A. Exclusion 2.e. Employer s Liability under Section Coverages Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to e. Employer s Liability Bodily injury to 1 An employee volunteer worker or temporary worker 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 2 Any other person who performs labor in any capacity for or on behalf of any insured with or without any form of compensation or 3 The spouse partner child parent brother sister or any other relative of any person described in Paragraph 1 or 2 above as a consequence of Paragraph 1 or 2 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion applies to any liability assumed under an insured contract. B. With respect to the states shown in the Schedule of this endorsement only the following exclusion is added to Paragraph 2. Exclusions under Section Coverages Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily Injury To Contractors Or Subcontractors Bodily injury to any 1 Contractor or subcontractor while working on behalf of any insured 2 Employee volunteer worker leased worker or temporary worker of such contractor or subcontractor indicated in Paragraph 1 above MEGL 1636 05 17 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 Additional subcontractor including the employees volunteer workers leased workers or temporary workers of such contractor or subcontractor indicated in Paragraph 1 above or 4 Any other person who performs labor in any capacity for or on behalf of any person indicated in Paragraph 1 2 or 3 above with or without any form of compensation. This exclusion applies a Even if the claim against any insured alleges negligence or other wrongdoing in the i Selection hiring or contracting ii Investigation iii Supervision or monitoring iv Training or v Retention of any contractor or subcontractor for whom any insured is or was legally responsible and whose acts or omissions would be excluded by Paragraph 1 2 3 or 4 above. b Whether the insured may be liable as an employer or in any other capacity c To any obligation to share damages with or repay someone else who must pay damages because of the injury and d To liability assumed by the insured under an insured contract. All other terms and conditions remain unchanged. MEGL 1636 05 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
MARKEL COMMERCIAL GENERAL LIABILITY POLICY NUMBER 322363127 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DATA BREACH COVERAGE CLAIMS MADE CLAIM EXPENSES WITHIN LIMIT COVERAGE A. PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE LIMITS OF INSURANCE A. Data Breach and Privacy Liability Coverage Each Claim 25000 Data Breach and Privacy Liability Coverage Retroactive Date 12212016 B. Data Breach Loss To Insured Coverage Each Data Breach 25000 C. Breach Mitigation Expense Coverage Each Data Breach 25000 D. Total Annual Aggregate 25000 I. COVERAGE The following are added to SECTION COVERAGES A. Data Breach and Privacy Liability We will pay those sums the insured is legally obligated to pay as damages and fines resulting from a data breach which first occurs during the policy period or on or after the Retroactive Date shown in the Schedule above and takes place in the coverage territory. We will have the right and duty to defend the insured against any claim seeking those damages andor fines. However we will have no duty to defend the insured against any claim seeking damages andor fines for a data breach to which this insurance does not apply. We may at our discretion investigate any data breach and settle any claim that may result. But 1. The amount we will pay for damages fines and claim expenses is limited as described in SECTION Il LIMITS OF INSURANCE 2. Our right and duty to defend ends when we have used up the applicable limits of insurance in the payment of damages fines andor claim expenses and 3. A claim for damages because of the data breach is first made against any insured in accordance with paragraph 4. below during the policy period or any Extended Reporting Period we provide under SECTION V EXTENDED REPORTING PERIODS. 4. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following a. When notice of such claim is received and recorded by any insured or by us whichever comes first or b. When we make settlement in accordance with this Section A. MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. Page 10f8 with its permission Page 10f8 | 2 |
All claims for damages because of data breach to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured. This applies only if 1. The entirety of the data breach happens during the policy period or on or after the Retroactive Date shown in the Schedule above and 2. Prior to the effective date of this insurance no insured had knowledge of or reasonably could have foreseen that a data breach or any computer security incident intrusion breach compromise theft loss or unauthorized use of your data storage device was likely. B. Data Breach Loss to Insured We will reimburse the insured for loss which results directly from a covered data breach which first occurs during the policy period and which is reported to us according to the terms of this endorsement however 1. Prior to the effective date of this insurance any past or current insured had no knowledge that such data breach had occurred in whole or in part. If such party knew prior to the policy period that the data breach had occurred then any continuation change or resumption of such data breach during or after the policy period will be deemed to have been known prior to the policy period. 2. Data breach which occurs during the policy period and was not known to you or any past or current insured prior to the policy period will include any continuation charge or resumption of that data breach after the end of the policy period and 3. Data breach will be deemed to have been known to have occurred at the earliest time you or any past or current insured a. Reported all or any part of the data breach to us any other insurer or any insurance representative b. Incurred loss or breach mitigation expense because of the data breach or c. Became aware by any other means that data breach had occurred or had begun to occur. C. Breach Mitigation Expense Subject to our written consent we will reimburse you for the actual reasonable cost you incur for breach mitigation expense which results directly from a covered data breach. The data breach must first occur during the policy period and be reported to us according to the terms of this endorsement. However 1. The entirety of the data breach must occur during the policy period and 2. Prior to the effective date of this insurance you or any past or current insured had no knowledge that such data breach involving a. Your data storage device or b. The data storage device of a third party responsible for storing and securing your data had occurred in whole or in part and which may have led any of the parties to conclude that incurring such expenses was likely. If any such party knew prior to the policy period that such data breach had occurred then any continuation change or resumption of such data breach during or after the policy period will be deemed to have been known prior to the policy period and 3. Data breach will be deemed to have occurred at the earliest time you or any past or current insured a. Reported all or any part of a data breach to us any other insurer or any insurance representative b. Incurred the loss or breach mitigation expense because of the data breach or c. Became aware by any other means that data breach had occurred or had begun to occur. If the reimbursable expenses covered under this insurance become part of a judgment award or settlement those expenses will not be paid under Coverage C. Breach Mitigation Expense. D. We will reimburse the insured under Coverages B and C above within sixty 60 days after 1. We receive your sworn proof of loss according to SECTION IV. CONDITIONS of this endorsement and MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. Page 2 of 8 with its permission | 2 |
2. We have come to an agreement with the insured regarding all items and amounts submitted to us under the applicable coverages. Il. EXCLUSIONS A. As respects all coverages provided under this endorsement only we will not pay for any claim loss or breach mitigation expense 1. Caused by access to your data storage device by any government governmental agency or sub agency or any agents while acting on behalf of such entityies Based upon or arising out of bodily injury property damage or personal and advertising injury Based upon arising out of or any way involving any actual or alleged violation of any law whether statutory regulatory or common law respecting any of the following activities a. Antitrust b. Business competition c. Unfair trade practices or d. Tortious interference in another s business or contractual relationships Based upon arising out of or in any way involving conduct of the insured or at the insured s direction that is intentional willful dishonest or fraudulent or that constitutes a willful violation of any statute or regulation. This exclusion shall not apply to a. Your vicarious liability for the intentional willful dishonest or fraudulent conduct of another insured or for the conduct of another insured that constitutes a willful violation of any statute or regulation or b. Claim expenses incurred until an allegation is adjudicated through a finding by a trier of fact to be intentional willful dishonest or fraudulent or a willful violation of any statute or regulation Brought by in the name of or on behalf of any insured. This exclusion shall not apply to any claim arising out of a data breach to the personal information of any insured that is in your care custody or control Based upon arising out of or in any way involving your insolvency receivership bankruptcy or liquidation or that of any of your subsidiaries whether or not included in the description of Who Is An Insured Based upon or arising out of any warranties or guarantees whether express implied or otherwise or any cost estimates Based upon or arising out of any conversion misappropriation or commingling of funds or property Based upon or arising out of any inability or failure of any party to pay or collect monies. Based upon or arising out of infringement or inducement of infringement of patent or trade secret or. Based upon arising out of or in any way involving an act error or omission in the performance of professional services rendered or that should have been rendered by you or by any person or organization for whose acts errors or omissions you are legally responsible. B. As respects all coverages provided under this endorsement only paragraph 2.b. Exclusions of SECTION I COVERAGES is replaced by the following Contractual Liability We will not pay for any claim loss or breach mitigation expense based upon or arising out of liability of others you assume under any contract or agreement. This exclusion shall not apply to liability you would have in the absence of such contract or agreement C. As respects Coverage A. Data Breach and Privacy Liability only we will not pay for any claim made by any person or organization which you or any parent organization subsidiary division or affiliated organization operate manage or own in whole or in part. D. As respects Coverage B. Data Breach Loss to Insured only this coverage does not apply to loss 1. Caused by theft physical damage or destruction of your data storage device or any part thereof. This exclusion shall not apply to destruction of programs electronic data and media caused by a data breach MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. Page 30f 8 with its permission | 2 |
2. Based upon or arising out of theft or alleged theft of money securities bonds or similar financial instruments with monetary value caused or contributed to by any fraudulent dishonest or criminal act committed by any person who is your past or current principal partner officer director trustee shareholder or employee at the time of the data breach whether acting alone or in collusion with others or 3. Of the value of trade secrets confidential processing methods or other confidential or proprietary information. Il LIMITS OF INSURANCE As respects coverage provided by this endorsement only SECTION Il LIMITS OF INSURANCE is replaced by the following Regardless of the number of insureds claims made or suits brought or persons or organizations making claims or bringing suits A. The most we will pay for each covered claim including damages fines and claim expenses under Coverage A. Data Breach and Privacy Liability is the Each Claim limit shown in the Schedule of this endorsement. All incidents of data breach that are discovered at the same time or that arise from the same cause or from a series of similar causes shall be considered one data breach. All theft of private data caused by any person or in which that person is involved whether the result of a single act or series of related acts shall be considered a single incident of data breach. B. The most we will pay for each covered data breach under Coverage B. Data Breach Loss to Insured is the Each Data Breach limit shown in the Schedule of this endorsement. More than one loss arising out of a single data breach shall be considered a single loss. C. The most we will pay for each covered data breach under Coverage C. Breach Mitigation Expense is the Each Data Breach limit shown in the Schedule of this endorsement. All breach mitigation expenses arising out of a single data breach or a series of related acts shall be treated as a single data breach. D. The Total Annual Aggregate limit shown in the Schedule of this endorsement is the most we will pay for the sum of all loss breach mitigation expense claims fines and claim expenses paid under all coverages on this endorsement in any one policy period including damages for claims first received and recorded during the Optional Extended Reporting Period. E. The payment of claim expenses will reduce the applicable Limits of Insurance shown in the Schedule above. We shall have no obligation to pay any damages or to defend or continue to defend any claim or to pay claim expenses after the applicable Limits of Liability have been exhausted by payment of damages andor claim expenses. We will have the right to withdraw from the further defense of any claim under this coverage by tendering control of the defense to you. F. More than one claim arising out of a single data breach shall be treated as a single claim. Only one Data Breach and Privacy Liability Coverage Each Claim Limit will apply to such claims regardless of 1. The number or type of claimants involved 2. The number of persons responsible for the data breach 3. The factual allegations alleged 4. The theories of recovery asserted 5. The period of time during which the data breach or series of related acts occurred and 6. The number of policy periods over which the data breach or series of related acts occurred. CONDITIONS As respects insurance provided under Coverages B. and C. above the following Condition is added to SECTION IV of the Coverage Form Data Breach Coverage Duties In The Event Of Loss You must see that the following are done in the event of any loss 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the data breach. 3. As soon as possible give us a description of how when and what elements of your or a third party s data MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. Page 4 of 8 with its permission | 2 |
storage device was impacted by the data breach. 4. Take all reasonable steps to protect your data storage device from further data breach. 5. As often as may be reasonably required permit us to inspect your data storage device and examine your books and records related to the incurred loss. 6. As respects Coverage B. send us a signed sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 7. As respects Coverage C. submit satisfactory written proof of breach mitigation expenses to us within one 1 year after the expiration or cancellation date of this coverage. 8. Comply with any security breach notice law to which you become subject by reason of any data breach. 9. We will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding claims made Data Breach and Privacy Liability Coverage we have issued to you during the previous three years a. A list or other record of each data breach not previously reported to any other insurer of which we were notified in accordance with paragraphs 1 9 above. We will include the date and brief description of the data breach if that information was in the notice we received. b. A summary by policy year of payments made and amounts reserved stated separately under any applicable Data Breach Total Annual Aggregate limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You shall not disclose this information to any claimant or any claimant s representative without our consent. If we cancel or elect not to renew this coverage we will provide such information no later than 30 days before the date of policy termination. In all other circumstances we will provide this information only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case we will provide this information within 45 days of receipt of the request. We compile claim information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. Cancellation or non renewal will be effective even if we inadvertently provide inaccurate information. V. EXTENDED REPORTING PERIODS As respects Data Breach and Privacy Liability only the following replaces any Extended Reporting Period provision in any applicable Coverage Form A. We will provide one or more Extended Reporting Periods as described below if 1. Data Breach and Privacy Liability Coverage is canceled or not renewed or 2. We renew or replace Data Breach and Privacy Liability Coverage with insurance that a. Has a Retroactive Date later than the date shown in the Schedule of this endorsement or b. Does not apply to data breach on a claims made basis. B. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for data breach that occur before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect Extended Reporting Periods may not be canceled. C. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for sixty 60 days with respect to all claims. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. Page 5 0f 8 with its permission Includes copyrighted material of Insurance Services Office Inc. with its permission Page 50f8 | 2 |
The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. D. An Optional Extended Reporting Period of one year is available but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period set forth in paragraph C. above ends. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Optional Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following 1. The exposures insured 2. Previous types and amounts of insurance 3. Limits of Insurance available under Data Breach and Privacy Liability for future payment of damages and 4. Other related factors. The additional premium will not exceed 200 of the annual premium for this coverage. This endorsement shall set forth the terms not inconsistent with this Section applicable to the Optional Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Optional Extended Reporting Period starts. VL. DEFINITIONS A. The following definitions in the DEFINITIONS Section of the Coverage Form are replaced by the following but only as respects coverage provided by this endorsement Bodily injury means injury sickness or disease sustained by a person including death resulting from any of these however bodily injury does not include humiliation or the infliction of emotional distress arising solely from a data breach. Property damage means physical injury to tangible property including all resulting loss of use of that property or loss of use of tangible property that is not physically injured however damage to corruption of or inability to access data software and computer networks shall not be considered to be loss of use of tangible property. B. The following definitions are added to DEFINITIONS but only as respects coverage provided by this endorsement 1. Breach mitigation expense means expenses incurred by you with our prior written consent for a. The services of a public relations professional or other publicity expenses that are recommended by a public relations professional to respond to any actual adverse publicity in the media that is the result of a data breach b. Expenses including but not limited to notification to affected parties and related legal fees that are incurred to comply with a security breach notice law and that are the result of a data breach and c. Expenses associated with voluntarily providing credit monitoring services to parties and individuals affected by a data breach. 2. Claim means your receipt of a. A written demand for damages b. The service of suit or institution of arbitration proceedings against you or c. Any administrative proceeding initiated or written notice of the institution of a charge against you by any official administrator or enforcer of laws or regulations relating to the use transfer or storage of electronic communications or data storage systems including any investigation conciliation meeting or hearing all as a result of a data breach. 3. Claim expenses means reasonable and necessary expenses incurred by either you with our written consent or us in the defense of that portion of any claim covered by this endorsement. Claim expenses MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. Page 6 of 8 with its permission | 2 |
include a. Costs of investigation b. Court costs costs of bonds to release attachments and similar bonds but without any obligation by us to apply for or furnish any such bonds and c. Costs of appeals. Claim expenses shall not include a. Salary wages overhead or benefit expenses of or associated with your employees or officials or our employees or officials or b. Salary wages administration overhead benefit expenses or charges of any kind attributable to any in house counsel or captive out of house counsel utilized by you or us. 4. Credit monitoring services means any variation of the following services if warranted and you offer to provide them to affected parties who enroll in such services A credit report Credit monitoring Credit score Public records monitoring Fraud monitoring or o oo T Other monitoring that may proactively assist in notification of the misuse of an individual s identity or personal information. 5. Damages means the monetary portion of any judgment award or settlement including punitive damages where insurable. Damages shall not include a. Multiplied portions of damages in excess of actual damages including trebling of damages b. The cost of any modifications or changes to your security measures procedures software or hardware required or agreed to by you to satisfy a judgment award or settlement. Any cost required to repair build or modify property to comply with any award by a court administrative order arbitration award or any similar judgment d. Taxes criminal or civil fines or attorneys fees imposed upon a party other than an insured other penalties imposed by law or fines e. Sanctions f. Matters which are insurable under the law or g. The return withdrawal reduction restitution or payment of any fees profits or charges for services or consideration andor any expenses paid to you. 6. Data breach means the loss theft accidental release or accidental publication of private data entrusted to you as respects one or more affected parties if such loss theft accidental release or accidental publication has or could reasonably result in the fraudulent use of such information. This definition is subject to the following provisions a. Data breach includes disposal or abandonment of private data without appropriate safeguards such as shredding or destruction however 1 Your failure to use appropriate safeguards must be accidental and not intentional reckless or deliberate. 2 Such disposal or abandonment must take place during the time period for which this Data Breach Coverage is effective. b. Data breach includes situations where there is a reasonable cause to suspect that such private data has been stolen accidentally released or accidentally published even if there is no firm proof. 7. Data storage device means MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. Page 7 of 8 with its permission Page 70f 8 | 2 |
a. Any wired wireless radio electromagnetic photo optical or photo electronic facility for the transmission of electronic communications b. Any electronic data processing system network or related electronic equipment for the scommunications and c. Any computer. 8. Fines means civil fines and penalties assessed against the insured by any official administrator or enforcer of laws or regulations relating to the use transfer or storage of electronic communications or data storage systems as a result of a claim subject to coverage under Coverage A. Data Breach and Privacy Liability above. 9. Forensic expense means reasonable and necessary costs you incur to engage the services of a third party computer security expert to determine the existence and cause of any data breach. 10. Loss means a. Reasonable and necessary costs incurred by you to restore as soon as is reasonably practicable your data storage device to the condition that existed prior to a data breach including reconstruction of programs electronic data and media which form a part of your data storage device and b. Forensic expense. Loss shall not include a. Any cost or charges associated with building modifying or upgrading your data storage device or any software security measures or procedures b. Any cost required to repair build or modify tangible property to comply with any legal or binding award or order by a court other official administrator or enforcer arbitration or any similar proceeding. Your loss of reputation or loss of customer confidence in you or the value imputed to such loss d. Expenses you incur in establishing the amount of any loss covered under this endorsement or e. Lostincome. 11. Private data means data containing the following belonging to individuals a. Driver s license or other state issued identification number social security number unpublished telephone number andor financial account information that would permit access to that individual s financial accounts b. Nonpublic personal information as defined in the Gramm Leach Bliley Act of 1999 as amended and regulations issued pursuant thereto C. Protected healthcare information as defined in the Health Insurance Portability and Accountability Act of 1996 HIPPA as amended and regulations issued pursuant thereto and medical and healthcare information Private personal information as defined under a security breach notice law and Private personal information as defined under the law of a country other than the United States which law is intended to provide for the protection of such private personal information However private data does not include any lawfully available data accessible by the general public. 12. Security breach notice law means any law statute or regulation within the United States of America its territories or possessions Puerto Rico or Canada requiring you to notify individuals of the compromise or possible compromise of the security of their confidential information in your care custody or control and the European Union EU Data Protection Act of 1995. All other terms and conditions remain unchanged. MGL 1214 07 12 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 8 0f 8 | 2 |
MARKEL COMMERCIAL GENERAL LIABILITY MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to Paragraph 2. Exclusions under Section Coverages Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any unmanned aircraft. This exclusion does not serve to create coverage for bodily injury or property damage that is otherwise excluded under this Coverage Form. B. The following is added to Paragraph 2. Exclusions under Section Coverages Coverage B Personal And Adbvertising Injury Liability This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any unmanned aircraft. This exclusion does not apply to 1 The use of another s advertising idea in your advertisement or 2 Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following is added to the Definitions section Unmanned aircraft means an aircraft that is not a. Designed b. Manufactured or. Modified after manufacture to be controlled directly by a person from within or on the aircraft. All other terms and conditions remain unchanged. MGL 1319 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
AYHanover LHK 9545621 01 Hanover Insurance Company 440 Lincoln Street Worcester MA 01605 Commercial Line Policy Common Declarations CM Policy Number Policy Period Coverage is Provided in the Agency Code From To LHK 9545621 01 04272013 04272014 Hanover Insurance Company 2208301 Named Insured and Address Agent BERKSHIRE BLANKET INC LOCKTON COMPANIES LLC 44 E MAIN ST WARE MA 01082 444 W 47TH STREET 900 KANSAS CITY MO 64112 Branch Kansas Missouri Policy Period From 04272013 To 04272014 1201 AM. Standard Time at Your Mailing Address Shown Above. Business Description Importers of Bedding Legal Entity Corporation In Consideration of the premium insurance is provided the Named Insured with respect to those premises described in the attached schedules for which a specific limit of insurance is shown. This is subject to all terms of this policy including Common Policy Conditions. Coverage Parts Forms and Endorsements may be subject to adjustment andor a policy minimum premium. Commercial General Liability Coverage 47849.00 Total Surcharges Premium Additional Premium For Policy Minimum Total 47849.00 INCLUDES PREMIUM 2 ANY FOR TERRORISM REFER TO DISCLOSJRE NOTICE s o SU100 Countersigned 10 Pay 20 Down VARE MA 01082 47849.00 47849.00 Group Number ZBN 401 0151 0105 0337 Page 1 Original Insured Issued 05102013 | 2 |
A Hanover Insurance Group. LHK 9545621 01 LOCKTON COMPANIES LLC BERKSHIRE BLANKET INC Locations of All Premises You Own Rent or Occupy Location 1 44 E MAIN ST Ware MA 01082 Location 3 50 E Main St Ware MA 01082 Location 2 7 W 34th Street New York NY 10001 Location 4 13300 Carmentia Rd Santa Fe Springs CA 90670 Forms Applicable to all Coverage Parts Asterisk denotes new or changed form Description Form Number Edition Date 401 1127 0108 401 1135 0108 401 1235 0811 IL 00 03 0908 iL0o0 17 1198 iLoo 21 0908 SIG 00 01 0605 Notice Disclosure of Premium Accep Notice To Policyholders Terrorism Cove Notice of Cancellation to Designated Er Calculation Of Premium Common Policy Conditions Nuclear Energy Liability Exclusion Endc Signature Page Hanover Description Notice Disclosure of Premium Acceptance of Coverage Notice To Policyholders Terrorism Coverage Acceptance Notice of Cancellation to Designated Entitys Calculation Of Premium Common Policy Conditions Nuclear Energy Liability Exclusion Endorsement Broad Form Signature Page Hanover Page 2 Original Insured 401 0152 0105 0338 Issued 05102013 | 2 |
AHanover Insurance Group.. BERKSHIRE BLANKET INC NKET INC LHK 9545621 01 LOCKTON COMPANIES LLC Commercial General Liability Coverage Part Declaration Audit Frequency Annual Limits of Insurance General Aggregate Limit Products Completed Operations Aggregate Limit Each Occurrence Limit Personal and Advertising Injury Limit Fire Damage Limit Any One Fire Medical Expense Limit Any One Person General Liability Deductible Total Advance Commercial General Liability Premium 2000000 2000000 1000000 1000000 100000 5000 47849.00 Forms Applicable to General Liability Coverage Parts Edition Date Description 1290 Asbestos Liability Exclusion 0103 Commercial General Liability Special Broadening Endorsement 1207 Commercial General Liability Coverage Form 1202 War Liability Exclusion 0509 Recording And Distribution of Material or Information In Violation of Law Exclusion 1093 Earlier Notice of Cancellation Provided by Us 1207. Employee Benefits Liability Coverage 1207 Employment Related Practices Exclusion 0989 Amendment of Liquor Liability Exclusion Exception for Scheduled Activities 12104 Fungi or Bacteria Exclusion 0108 Cap On Losses From Certified Acts Of Terrorism 0108 Exclusion of Punitive Damages Related To a Certified Act of Terrorism 0305 Silica or Silica Related Dust Exclusion Form Number 421 0022 421 0080 CG 0001 CG 00 62 CG 00 68 CG 0224 CG 04 35 CG 2147 CG 21561 CG 2167 CG2170 CG2176 CG 2196 421 0340 0105 Page 3 Original insured Issued 05102013 nan nan nan nan 339.0 | 2 |
SH5nover Insurance Group. BERKSHIRE BLANKET INC LANKET INC LHK 9545621 01 LOCKTON COMPANIES LLC Commercial General Liability Classification Schedule Declaration ADVANCE PREMIUM 8466.00 38250.00 lvance Premium 353.00 725.00 55.00 Loc st Importers TERR CODE SUBLINE PREMIUM BASIS 102000000 Receipts 517 55410 334 Sales 517 55410 336 102000000 Receipts Sales Miscellaneous Optional General L y Coverages Employee Benefits Coverage General Liability Special Broadening Endorsement Terrorism Premium Advance Premium 353.00 725.00 55.00 Additional Premium for Coverage Minimum Total Advance General Liability Premium 47849.00 Subline 334 Subline 336 Premises and Operations Products andor Completed Operations 421 0341 0105 Page 4 Original Insured Issued 05102013 nan nan nan nan 340.0 | 2 |
LHK 9545621 00 2208301 S s on the conditions we find anges. d to make any inspections recommendations and any undertake relate only to in emiums to be charged. We inspections. We do not un the duty of any person or ide for the health or safety iblic. And we do not warrant hful or ws regulations codes or 2. of this condition apply not to any rating advisory rate ganization which makes in 5 sUrveys reporis or rec condition does not apply to urveys reports or recom y make relative to certifica r municipal statutes ordi 1s. of boilers. pressure ves B GURIUL 1 UV U00L COMMON POLICY CONDITIONS All Coverage Parts inciuded in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancei 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. 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 ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake refate 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 warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys repors or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ned Insured shown in the Declara incel this policy by mailing or deliv dvance written notice of cancella cel this policy by mailing or deliver st Named Insured written notice of at least efore the effective date of cancel ve cancel for nonpayment of pre efore the effective date of cancel e cancel for any other reason. or deliver our notice to the first ed s last mailing address known to incellation will state the effective ellation. The policy period will end is cancelled we will send the first ed any premium refund due. If we efund will be pro rata. If the first red cancels the refund may be rata. The cancellation will be ef if we have not made or offered a Ny L0017 1198 0007 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 o | 2 |
LHK 9545621 00 2208301 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract Agreement or Permit Included 2. Additional Insured Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined Included 6. Broad Form Property Damage Borrowed Equipment Customers Goods Included Use of Elevators 7. Extended Property Damage Included 8. Incidental Malpractice Employed nurses EMT s paramedics Included 9. Knowledge of Occurrence Included 10 Liberalization Clause Included 11. Medical Payments Increased Limit 10000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations Covered until end or policy period Included 14. Non owned Watercraft 511 t 15. Personal Injury Broad Form Included 16. Product Recall Expense Each Occurrence Limit 25000 Aggregate Limit 50000 17. Property Damage Legal Liability Fire Lighting Explosion Smoke or Leakage Damage 500000 18. Supplementary Payments Increased Limits Bail Bonds 2500 Loss of Earnings 300 19. Unintentional Failure to Disclose Hazards included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commrcial General Liability Coverage Form through new coverages higher limits and broader coverage grants. 1. Additional Insured by Contract Agreement or 2 Premises you own rent lease or occupy. Permit This insurance applies on a primary basis if Under Section Il Who Is An insured Paragraph 5. that is required by the written contract is added as foliows written agreement or permit. 5.a. Any person or organization with whom you b. This provision does not apply agreed because of a written contract written 1 Uniess the written contract or written agreement or permit to provide insurance is agreement has been executed or permit aninsured but only with respect to has been issued prior to the bodily injury 1 Your work for the additiona insureds property damage personal injury or at the location designated in the contract advertising injury. agreement or permit or Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office Inc. 1998 421 0080 0103 Page 10f 6 0014. 2 Premises you own rent lease or occupy. This insurance applies on a primary basis if that is required by the written contract written agreement or permit. This provision does not apply 1 Uniess the written contract or written agreement has been executed or permit has been issued prior to the bodily injury property damage personal injury or advertising injury. Page 10of 6 | 2 |
LHK 9545621 00 2208301 2. 2 To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. 3 To any person or organization included as an insured under item 2 of this endorsement. 4 To any lessor of equipment a After the equipment lease expires or b If the bodily injury property dam age personal injury or advertising injury arises out of sole negligence of the lessor. 5 Toany a Owners or other interests from whom land has been leased which takes place after the lease for the land ex pires or b Managers or lessors of premises if i The occurrence takes place after you cease to be a tenant in that premises or ii The bodily injury property damage personal injury or advertising injury arises out of structural alterations new con struction or demolition operations performed by or on behalf of the manager or lessor. Additional Insured Broad Form Vendors Under Section Il Who Is An Insured Paragraph 6. is added as follows 6. a. Any person or organization with whom you agreed because of a written contract or written agreement to provide insurance but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendors business subject to the following additional exclusions b. The insurance afforded the vendor does not apply to 1 Bodily injury or property damage for which the vendor is obligated to pay dam ages by reasons of the assumption of li ability 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 2 Any express warranty unauthorized by you 3 Any physical or chemical change in the product made intentionally by the vendor 4 Repackaging unless unpacked solely for the purpose of inspection smonstration testing or the substitution of parts under instrucuon from the manufacturer and then repackaged in the original container Any failure to make such inspection ad justments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any thing or substance by or for the vendor. c. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompany ing or containing such products. 5 6 7 3. Aggregate Limit Per Location 1 Under Section llf Limits of Insurance the General Aggregate Limit applies separately to each of your locations owned by or rented to you. 2 Under Section V Definitions definition 23. is added as follows 22. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a rail road. Alienated Premises Under Section Coverage A paragraph 2. Exclu sions j. 2 is replaced in its entirety with the following 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was transferred or abandoned. Bodily Injury Redefined Under Section V Definitions definition 3. bodily injury is replaced in its entirety with the following includes copyrighted material of insurance Services Office Inc. with its permission. Copyright insurance Service Office Inc. 1998 421 0080 0103 0015 Page20f6 | 2 |
LHK 545621 00 2208301 3. Bodily injury means bodily injury sickness or disease sustained by a person. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease. 6. Broad Form Property Damage Borrowed Equipment Customers Goods Use of Elevators 1 Under Section Coverage A paragraph 2. Exclusion j. is amended as follows Paragraph 4 does not apply to property dam age to borrowed equipment while at a jobsite and not being used to perform operations. Paragraphs 3 4 and 6 do not apply to property damage to customers goods while on your premises nor do they apply to the use of elevators at premises you own rent lease or occupy. 2 Under Section V Definitions definition 24. is added as follows 23. Customers goods means property of your customer on your premises for the purpose of being a. worked on or b. used in your manufacturing process. The insurance afforded under this provision is excess over any other valid and collectible prop erty insurance including deductible available to the insured whether primary excess contingent or on any other basis. 3 7. Extended Property Damage Under Section I Coverage A paragraph 2. Exclusions Exclusion a. is replaced in its entirety with the following a. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Incidental Malpractice Employed Nurses EMT s and Paramedics Under Section Il Who Is An Insured paragraph 2.a1d does not apply to a nurse emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical paramedical surgical dental x ray or nursing services. 10. 1. 12. 13. LHK 545621 00 2208301 Knowledge of Occurrence Under Section IV Commercial General Liability Conditions Condition 2 Duties in the Event of Occurrence Offense Claim or Suit paragraph e. is added as follows e. Notice of an occurrence offense claim or suit will be considered knowledge of the insured if reported to an individual named insured partner executive officer or an employee designated by you to give us such a notice. Liberalization Clause Under Section IV Commercial General Liability Conditions condition 10. is added as follows 10. Liberalization Clause If we adopt any revision that wouid broaden the coverage under this Coverage Form without additional premium within 45 days prior to or during the policy period the broadened coverage will immediately apply to this Coverage Part. Medical Payments Increased Limits 1 Under Section Coverage C paragraph a. 2 is replaced in its entirety by the following 2 The expenses are incurred and reported to us within three years of the date of the accident and 2 Under Section Il Limits of Insurance paragraph 7. is replaced in its entirety by the foliowing 7. Subject to 5. above the higher of a. 10000 or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by one person. 3 This coverage does not apply if Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. Mobile Equipment Redefined Under Section V Definitions definition 12 Mobile Equipment paragraph f.1bc does not apply to self propelled vehicles of less than 1000 pounds gross vehicle weight. Newly Acquired Or Formed Organizations Under Section It Who Is An Insured paragraph 4.a.is replaced in its entirety by the following Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office Inc. 1998 421 0080 0103 0016 Page 3 of 6 | 2 |
LHK 9545621 00 2208301 a. Coverage under this provision is afforded only until the end of the policy period. 14. Non Owned Watercraft Under Section Coverage A paragraph 2 Exclusions g.2 is replaced in its entirety by the following 2 A watercraft you do not own that is a Less than 51 feet ong and b Not being used to carry persons or property for a charge This provision applies to any person who with your consent either uses or is responsible for the use of a watercraft. 15. Personal Injury Broad Form 1 Under Section Coverage B paragraph 2.e. is deleted in its entirety. 2 Under Section V Definitions definition 14 paragraph b. is replaced in its entirety by the following b. Malicious prosecution or abuse of process. 3 Under Section V Definitions definition 14 paragraph h. is added as follows h. Discrimination or humiliation uniess insurance thereof is prohibited by law that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is 1 Not done intentionally by or at the direction of a The insured b Any officer of the corporation director stockholder pariner or member of the insured and Not directly or indirectly related to an employee not to the employment prospective employment or termination of any person or persons by an insured. 4 This coverage does not apply if Coverage B Personal and Advertising Injury Liability is excluded either by the provisions of the Coverage Part of by endorsement. 2 16. Product Recall Expense 1 Under Section Coverage A paragraph 2 Exclusions n. is replaced in its entirety by the following n. Recall of Products Work or Impaired Property Damages claimed for any foss 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 s 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 but this exclusion does not apply to product recall expenses that you incur for the covered recall of your product. The exception to the exclusion does not apply fto Product recall expenses resulting from 1 Failure of any products to accomplish their intended purpose 2 Breach of warranties of fitness quality durabifity or performance 3 Loss of customer approval or any cost incurred to regain customer approval 4 Redistribution or replacement of your product which has been recalied by fike products or substitutes 5 Caprice or whim of the insured 6 A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance 7 Asbestos including loss damage or clean up resulting from asbestos or asbestos containing materials 8 Recall of your products that have no known or suspected defect solely because a known or suspected defect in another of your products has been found. 2 Under Section Il Who Is An insured paragraph 4.d. is added as follows d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 3 Under Section HI Limits of Insurance paragraph 8. is added as follows 8. The Limits of Insurance and rules stated below fix the most we will pay under this coverage part. 1 The Aggregate Limit is the most we will reimburse you for the sum of all product recall expenses incurred for all product recall expenses initiated during the policy petiod. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office Inc. 1998 421 0080 0103 0017 Page 4 of 6 Page 4 of 6 | 2 |
LHK 9545621 00 2208301 en. determined that all are free from defects cause of loss under this efinitions the following means a recall made S you or a government ined that a known or deficiency inadequacy dition in your product result in bodily injury e ense means i reasonable expenses ations including radio or announcements or ivertisements including envelopes and postage the recalled products urchaser distributor or the place or places by you ion paid to your regular for necessary over itional persons other gular employees 2 The Each Occurrence Limit shown in the Summary of Coverages Declaration is the most we will pay in connection with any one defect or deficiency. a All product recall expenses in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one occurrence. b Any amount reimbursed for product recall expenses in connection with any one occurrence will reduce the amount of the Aggregate Limit available for reimbursement of product recall expenses in connection with any other defect or deficiency. If the Aggregate Limit has been reduced by reimbursement of product recall expenses to an amount that is less than the Each Occurrence Limit the remaining Aggregate Limit is the most that will be available for reimbursement of product recall expenses in connection with any other defect or deficiency. The Limits of Insurance of Product Recall Expense apply separately to each consecutive annuel 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 the purposes of determining the Limits of Insurance. A Deductible of 500 applies for Each Occurrence. c 4 Under Section IV Commercial General Liability Conditions Condition 2 Duties in the Event of Occurrence Offense Claim or Suit paragraph f. is added as follows f. You must see to it that the following are done in the event of an actual or anticipated covered recall that may result in product recall expense 1 Give us prompt notice of any discovery or nofification that your product must be withdrawn or recalled. Include a description of your product and the reason for the withdrawal or recall 2 Cease any further release shipment consignment or any other method of distribution of like or similar products 17. until it has been. determined that all such products are free from defects that could be a cause of loss under this insurance. 5 Under Section V Definitions the following definitions are added 25. Covered recall means a recall made necessary because you or a government body has determined that a known or suspected defect deficiency inadequacy or dangerous condition in your product has resulted or will result in bodily injury or property damage. 26. Product recall expense means a. Necessary and reasonable expenses for 1 Communications including radio or television announcements or printed advertisements including stationery envelopes and postage Shipping the recalled products from any purchaser distributor or user fo the place or places designated by you 3 Remuneration paid to your regular employees for necessary over time 4 Hiring additional persons other than your regular employees 5 Expenses incurred by employees including transportation and ac commodations 6 Expenses to rent additional ware house or storage space Disposal of your product but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid bodily injury or property damage as a result of such disposal You incur exclusively for the purpose of recalling your product and b. Your lost profit resuling from such covered recall. 2 Property Damage Legal Liability Fire Lightning Explosion Smoke or Leakage from Fire Protective Systems Damage 1 The word fire is changed to fire lightning explosion smoke and leakage from fire pro tective systems where it appears in the Limits of Insurance section of the Declarations for the Commercial General Liability Coverage Part. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office inc. 1998 421 0080 0103 0018 Page 5 of 6 Page 5 of 6 | 2 |
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