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2 You any partner or member if you are a partnership or joint venture or any member if you are a limited liability company while participating in such amateur athletic activities or Property damage to property owned by occupied or used by rented to in the care custody or control of or over which the physical control is being exercised for any purpose by 1 Your employee volunteer worker or any person you sponsor or 2 You any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. P. Non Owned Aircraft Auto and Watercraft Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following g. Aircraft Auto Or Watercraft Q. Definitions Leased Worker Temporary Worker and Labor Leasing Firm 1. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 5 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft An aircraft that is hired or chartered by you or loaned to you with a paid and licensed crew and is not owned in whole or in part by an insured or 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 6 b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. The leased worker and temporary worker definitions under the Defi following ions Section are replaced by the Leased worker means a person leased to you by a labor leasing firm under a written 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. Temporary worker means a person who is furnished to you to support or supplement your work force during employee absences temporary skill shortages upturns or downturns in business or to meet seasonal or short term workload conditions. Temporary worker does not include a leased worker. The following definition is added to the Definitions Section Labor leasing firm means any person or organization who hires out workers to others including any a. Employment agency contractor or services b. Professional employer organization or UGL13458 CW 0413 Page 8 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
c. Temporary help service. R. Definition Mobile Equipment Paragraph f. of the mobile equipment definition under the Definitions Section is replaced by the following f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment exceeding a combined gross vehicle weight of 1000 pounds 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. S. Definitions Your Product and Your Work The your product and your work definitions under the Definitions Section are replaced by the following 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 use handling maintenance operation or safety of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work services or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work services or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance use handling maintenance operation or safety of your work and 2 The providing of or failure to provide warnings or instructions. T. Priority Condition The following paragraph is added to Section Ill Limits Of Insurance UGL13458 CW 0413 Page 9 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
In the event a claim is made or suit is brought against more than one insured seeking damages because of bodily injury or property damage caused by the same occurrence or personal and advertising injury caused by the same offense we will apply the Limits of Insurance in the following order a You b Your executive officers partners directors stockholders members managers if you are a limited liability company or employees and c Any other insured in any order that we choose. U. Duties in the Event of Occurrence Offense Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions Notice of an occurrence or of an offense which may result in a claim under this insurance or notice of a claim or suit shall be given to us as soon as practicable after knowledge of the occurrence offense claim or suit has been reported to any insured listed under Paragraph 1. of Section Il Who Is An Insured or an employee authorized by you to give or receive such notice. Knowledge by other employees of an occurrence offense claim or suit does not imply that you also have such knowledge. In the event that an insured reports an occurrence to the workers compensation carrier of the Named Insured and this occurrence later develops into a General Liability claim covered by this Coverage Part the insured s failure to report such occurrence to us at the time of the occurrence shall not be deemed to be a violation of this Condition. You must however give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a. and 4.b.1 of the Other Insurance Condition of Section IV Commercial General Liability Conditions are replaced by the following 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 c. below. However this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that 1 The additional insured is a Named Insured under such other insurance and 2 You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis property insurance Builder s Risk Installation Risk or similar coverage for your work i That is property insurance purchased by you including any deductible or self insurance portion thereof to cover premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you including any deductible or self insurance portion thereof 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 UGL13458 CW 0413 Page 10 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 or v That is property insurance including any deductible or self insurance portion thereof purchased by you to cover damage to Equipment you borrow from others or Property loaned to you or personal property in the care custody or control of the insured arising out of the use of an elevator at premises you own rent or occupy. b Any other primary insurance including any deductible or self insurance portion thereof available to the insured covering liability for damages arising out of the premises operations products work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. c Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. W. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV Commercial General Liability Conditions is replaced by the following 6. Representations By accepting this policy you agree The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally Fail to disclose all hazards existing at the inception of this policy or b. Make an error omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. X. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Commercial General Liability Conditions is replaced by the following 8. Transfer Of Rights Of Recovery Against Others To Us a. 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. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured s performance begins or when it is signed whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. UGL13458 CW 0413 Page 11 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Y. Liberalization Condition The following condition is added to Section IV Commercial General Liability Conditions Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. Al other terms and conditions of this policy remain unchanged. UGL13458 CW 0413 Page 12 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10f 1 m | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations PER LOCATION SCHEDULE SUBJECT TO MAXIMUM OF 10000000. Information required to complete this Schedule if not shown above will be shown in the Declarations. ER LOCATION SCHEDULE SUBJECT TO MAXIMUM OF 10000000. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. CG 2504 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition 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 railroad. E. The provisions of Section lll Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 25 04 05 09 o | 2 |
Fellow Employee Coverage Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. Itis agreed that paragraph 2. a. 1 of SECTION II WHO IS AN INSURED is deleted and replaced by the following 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 b 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 1 a above or Arising out of his or her providing or failing to provide professional health care services. U GL915 C CW 804 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART OCCURRENCE DECLARATIONS Policy Number GLA 5574238 01 Named Insured KINSETH HOTEL CORPORATION INC Policy Period Coverage begins 05 17 2014 Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 05 17 2014 at1201 AM Coverage ends 05 17 2015 at1201 AM Item 1. Limits of Insurance 2000000 Aggregate Limit 1000000 Each Act Error or Omission Limit Item 2. Form of Business Individual Partnership Joint Venture X Corporation other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees 92100 2636 INCL Per Employee INCL INCL Flat Charge INCL Total Advance Premium For This Coverage Part INCL Audit Period X Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Advance Premium U GL D851 B CW 904 Page Lof | 2 |
Z ZURICH Deductible Endorsement Occurrence Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem.. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part It is agreed that the following deductible provisions are added to the policy as respects the Employee Benefit Li ability Coverage Part Deductible 1000 1. The deductible amount stated above shall be de ducted from the amount of all claims arising out of the same act error or omission. We shall be liable only for the difference between such deductible amount and the amount of insurance otherwise ap plicable on a per act error or omission basis. The Aggregate Limit will not be reduced by the appli cation of such deductible. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de fense of suits and b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount to effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de duties in the event of an act er sion or a claim or suit. We may pay any part or all of the deductible amount to effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. U GL852 A CW 79 Page Lof | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL GENERAL LIABILITY CG 31220902 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES LIQUOR LIABILITY This endorsement modifies insurance provided under the following LIQUOR LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Each Person Bodily Injury Limit 64057.00 ach Person Proj Damage Limit 64057.00 oss Of Means Of Support Or Loss Of Society 78291.89 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to lllinois locations A The Each Common Cause Limit shown in the Declaration is replaced by the limits shown in the Schedule above. The Aggregate Limit shown in the Declaration continues to apply.. Paragraph 3. of Section Il Limits Of Insurance is replaced by the following 3. Subject to the Aggregate Limit the Loss Of Means Of Support Or Loss Of Society Limit is the most we will pay for all loss of means of support or society claimed by one or more per sons because of bodily injury sustained by any one provider of such support or society as the result of the selling serving or furnishing of any alcoholic beverage to any one person.. The following paragraphs are added to Section Il Limits Of Insurance 4. Subject to the Aggregate Limit the Each Per son Bodily Injury Limit is the most we will pay for all bodily injury sustained by one person as the result of the selling serving or furnish ing of any alcoholic beverage to any one per son. 5. Subject to the Aggregate Limit the Each Per son Property Damage Limit is the most we will pay for all property damage sustained by one person or organization as the result of the sell ing serving or furnishing of any alcoholic bev erage to any one person.. Conformity To Statute 1 the limitatinn nrevidad tindar Cantinm 025 E R.N1 C. The following paragraphs are added to Section Il Limits Of Insurance 4. Subject to the Aggregate Limit the Each Per son Bodily Injury Limit is the most we will pay for all bodily injury sustained by one person as the result of the selling serving or furnish ing of any alcoholic beverage to any one per son. 5. Subject to the Aggregate Limit the Each Per son Property Damage Limit is the most we will pay for all property damage sustained by one person or organization as the result of the sell ing serving or furnishing of any alcoholic bev erage to any one person. D. Conformity To Statute If the limitation provided under Section 235.56 21 as published in the lllinois Administrative Code is raised during the policy period the limits of insur ance provided in the Schedule of this endorsement are hereby amended to conform to that statute. CG 31220902 ISO Properties Inc. 2002 Page 10of 1 m | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL GENERAL LIABILITY CG 31641207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES LIQUOR LIABILITY This endorsement modifies insurance provided under the following LIQUOR LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Each Common Cause Limit INCL Each Person Bodily Injury Limit 1000000 Each Common Cause Bodily Injury Limit 1000000 Each Person Loss Of Means Of Support Limit 1000000 Each Common Cause Loss Of Means Of SupportLimit 1 000 000 Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to lowa locations A. The Each Common Cause Limit shown in the Declarations is replaced by the limits shown in the Schedule above. The Aggregate Limit shown in the Declarations continues to apply. B. Paragraph 2.a. Exclusions in Section Liquor Liability Coverage is replaced by the following This insurance does not apply to a. Expected Or Intended Injury Injury expected or intended from the stand point of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or prop erty. This exclusion also does not apply to injury re sulting from assault and battery or intentional force committed by or on behalf of the insured. C. Paragraph 3. of Section Ill Limits Of Insurance is replaced by the following 3. Subject to the Aggregate Limit the Each Com mon Cause Limitis the most we will pay in any one incident for all injury except bodily in jury and Loss of Means Of Support sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage. D. The following paragraphs are added to Section Il Limits Of Insurance 4. Subject to the Each Common Cause Bodily Injury Limit the Each Person Bodily Injury Limit is the most we will pay for all bodily injury sustained by any one person as the result of the selling serving or furnishing of any alco holic beverage to any one person. 5. Subject to the Aggregate Limit the Each Com mon Cause Bodily Injury Limit is the most we will pay in any one incident for all bodily injury sustained by one or more persons as the result of the selling serving or furnishing of any al coholic beverage. 6. Subject to the Each Common Cause Loss Of Means Of Support Limit the Each Person Loss Of Means Of Support Limit is the most we will pay in any one incident for all loss of means of support claimed by any one person because of bodily injury sustained by any providers of such support as the result of the selling serv ing or furnishing of any alcoholic beverage. 7. Subject to the Aggregate Limit the Each Com mon Cause Loss Of Means Of Support Limit is the most we will pay in any one incident for all loss of means of support claimed by one or more persons because of bodily injury sus tained by any providers of such support as the result of the selling serving or furnishing of any alcoholic beverage. CG 31641207 ISO Properties Inc. 2006 Page 10f 2 m | 2 |
E. Paragraph 9. of Section IV Liquor Liability Condi tions is replaced by the following 9. When We Do Not Renew a. If we decide not to renew this Coverage Part 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 1 We have offered to issue a renewal policy or 2 You have failed to pay a premium due or any advance premium required by us for renewal. b. If notice is mailed a post office department certificate of mailing is proof of receipt of notice. F. The following paragraph is added to Section IV Liquor Liability Conditions 10. Conformity To Statute If the limitations provided under Section 185 5.8123 as published in the lowa Administrative Code are raised during the policy period and the limits of insurance provided in the Schedule of this endorsement are lower than the newly published limitations then the limits of insurance provided in the Schedule of this endorsement will be deemed at that time to be amended as needed to conform to the statute. G. The Cancellation Common Policy Condition is replaced by the following a. The Named Insured or we may cancel this policy by giving 30 days written notice to the Alcoholic Beverages Division of the lowa Department of Commerce of the party s intent to cancel the policy. b. The 30 day period will begin on the date that the Division receives the notice of can cellation. c. The party seeking to cancel the policy must mail written notice of such cancellation to the Division in Ankeny lowa by certified mail. d. A copy of the notice of cancellation shall be mailed to the licensee or permittee at the party s post office address. e. The notice of cancellation shall contain the following 1 The name of the party to whom the notice of cancellation was mailed 2 The address to which the copy of the notice of cancellation was sent 3 The date on which the notice of cancella tion was mailed 4 The date the policy is being cancelled and 5 The liquor control licensee or permit number of the licensee or permittee to be affected by such cancellation. Page 2 of 2 ISO Properties Inc. 2006 CG 31641207 o | 2 |
Z Or ZURICH Recording And Distribution Of Material Information In Violation Of Law Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion g. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or UGL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. UGL1517 B CW 0413 Page 20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Employee Benefits Liability Occurrence Coverage Form This Coverage Form provides occurrence coverage. Please read the entire form carefully. 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 Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. 2. Insuring Agreement A. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured in the ad ministration of the insured s employee benefit programs. We will have the right and duty to de fend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit secking damages for any act error or omission for which this insurance does not apply. We may at our discretion investi gate any claim and settle any suit that may result but 1. The amount we pay for damages is limited as described in Section II. Limits of Insurance of this Coverage Part 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 un der this Employee Benefit Liability coverage. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supple mentary Payments of this Coverage Part. This only if surance applies to an act error or omi 1. The act error or omission takes place in the coverage territory 2. The insured had no knowledge of and could not have reasonably forescen any circum stances which might result in a claim or suit and 3. The act error or omi policy period. on occurs during the Exclusions This insurance does not apply to any G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation. Any claim or suit arising out of an insurer s or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant. Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured.. Any claim or suit arising out of an Insured s liability as a fiduciary under G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation Any claim or suit arising out of an insure or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant. Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured. Any claim or suit arising out of an Insured s liability as a fiduciary under U GL851 B CW 604 Page 10f 4 | 2 |
a. The Employee Retirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supple mentary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judg ment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our liability. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day be cause of time off from work. D. Prejudgment interest awarded against the in sured 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 in terest based on that period of time after the of fer. II. Limits of Insurance A. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. Subject to the Aggregate Limit provisions in B. above the Each Act Error or Omission Limit is the most we will pay for all damages sustained by any one employee. including the employee s de pendents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs.. The limits of this Coverage Part apply separately to each consecutive annual period and to any remain ing period of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance 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 pur poses of determining the Limits of Insurance. IL Conditions A. Bankruptey Bankruptey or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap plicable deductible amount you must see to it that we are notified as soon as practicable of any act error or omission which may result in a claim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employee and witnes 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b. Notify us as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information. Cooperate with us in the investigation set tlement or defense of the claim or suit and d. Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury to which this in surance may also apply. No insureds will except at their own cost. vol untarily make a payment assume any obliga tion or incur any expense without our consent. C. Legal Action Against Us U GL851 B CW 604 Page 20f 4 | 2 |
No person or organization has a right 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured. and the claimant or the claimant s legal representative. Other Insurance 1 This Coverage Part is primary insurance ex cept when stated to apply in excess of or con tingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which applies to the loss on an exc or contingent basis the amount of our liability under this Coverage Part shall not be reduced because of such other insurance. 2 When both this insurance and other insurance apply to the loss on the same basis whether primary excess or contingent we shall not be liable for a greater proportion of the loss than that stated in the applicable contribution provi sion below a. Contribution by Equal Shares If all of the other insurance permits contri bution 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. b. Contribution by Limits If any of the other insurance does not per mit 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 insur ers. E. 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 in surance applies 1 As if each Named Insured were Named Insured and the only 2 Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to The in sured 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. 1V. Definitions A. B. C. D. E. F. 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 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and 2 Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertise ment. Administration means 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs 2 Handling records in connection with e mployee benefit programs or 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or dis ease sustained by a person. including death result ing from any of these at any time. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay damages is determined in a suit on the merits in the territory described in D. 1 above or in a settlement to which we agree. Employee means Your officers and employees whether actively em ployed disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compensa tion une mployment insurance salary continuation U GL851 B CW 604 Page 3of 4 | 2 |
G. plans social security disability benefits insurance avings plans vacation plans or any other similar plans or programs. Insured means You and any of your partners executive officers di rectors members stockholders or employees pro vided such employee is authorized to act in the administration of your employee benefit pro grams. Personal and advertising injury means Injury including consequential bodily injury aris ing out of one or more of the following offens 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services or 5 Oral or written publication in any manner of material that violates a person s right of pri vacy 6 The use of another s advertising idea in your advertisement or 7 Infringing upon another s copyright trade dress or slogan in your advertise ment. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from computer software including systems and applications soft ware 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 to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. U GL851 B CW 604 Page dof 4 | 2 |
Z ZURICH 2012 General Liability Multistate Forms Revision Notice to Policyholders This is a summary of the major changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 000104 13 AND CG 00020413 I. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 1. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Ill. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. UGL P0008 A CW 0413 Page 1 0of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG00090413 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.l Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 00330413 AND CG 00330413 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. CG 00 35 04 13 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. PRODUCTS COMPLECATED OPERATIONS LIABILITY COVERAGE FORM CG 0037 04 13 AND CG 00 38 04 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.1 Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. IL.DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. UGL P0008 A CW 0413 Page 2 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 0039 04 13 POLLUTION LIABILITY COVERAGE FORM DESIGNATED SITES CG 004004 13 POLLUTION LIABILITY LIMITED COVERAGE FORM DESIGNATED SITES I. EXCLUSIONS A. BROADENING OF COVERAGE Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES Exclusion Aircraft Auto Rolling Stock Or Watercraft is generally revised to reinforce that the 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. The exclusion is also revised to express that a land motor vehicle subject to compulsory or financial responsibility laws or other motor vehicle insurance laws will not be covered with respect to its over the road exposures. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.j. Aircraft Auto Rolling Stock Or Watercraft is revised to delete reference to in the state. CG 00 40 only 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 00 42 04 13 UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.i. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. CG 00 65 04 13 ELECTRONIC DATA LIABILITY COVERAGE FORM EXCLUSIONS OTHER CHANGES Exclusion 2.g. Infringement Of Intellectual Property Rights is revised to delete the exception pertaining to the use of another s advertising idea. UGL P0008 A CW 0413 Page 3 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. 2. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parties whom the named insured is obligated in writing in a contract or agreement to name as an additional insured. 3. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations. 4. Liquor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced to provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. B. REDUCTIONS OF COVERAGE 1. Additional Insured Users Of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. 2. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part 3. Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement. 4. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. 2. Primary And Noncontributory Other Insurance Condition Endorsement CG 20 01 is introduced to revise the Other Insurance Condition to indicated that coverage is provided to an additional insured on a primary and noncontributory basis provided that certain requirements are met. 3. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less UGL P0008 A CW 0413 Page 4 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CG 20 03 Additional Insured Concessionaires Trading Under Your Name CG 20 05 Additional Insured Controlling Interest CG 20 07 Additional Insured Engineers Architects Or Surveyors CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG 20 11 Additional Insured Managers Or Lessors Of Premises CG 20 12 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises CG 20 15 Additional Insured Vendors CG 20 18 Additional Insured Mortgagee Assignee Or Receiver CG 20 23 Additional Insured Executors Administrators Trustees Or Beneficiaries CG 20 24 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased CG 20 26 Additional Insured Designated Person Or Organization CG 20 27 Additional Insured Co owner Of Insured Premises CG 20 28 Additional Insured Lessor Of Leased Equipment CG 20 29 Additional Insured Grantor Of Franchise CG 20 30 Oil Or Gas Operations Nonoperating Working Interests CG 20 31 Additional Insured Engineers Architects Or Surveyors CG 20 32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor CG 20 36 Additional Insured Grantor Of Licenses CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations CG 29 35 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations. Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CG 21 16 Exclusion Designated Professional Services CG 21 52 Exclusion Financial Services CG 21 56 Exclusion Funeral Services CG 21 57 Exclusion Counseling Services CG 21 58 Exclusion Professional Veterinarian Services CG 21 59 Exclusion Diagnostic Testing Laboratories CG 22 24 Exclusion Inspection Appraisal And Survey Companies CG 22 32 Exclusion Professional Services Blood Banks CG 22 33 Exclusion Testing Or Consulting Errors And Omissions CG 22 34 Exclusion Construction Management Errors And Omissions CG 22 36 Exclusion Products And Professional Services Druggists CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments CG 22 39 Exclusion Camps Or Campgrounds CG 22 43 Exclusion Engineers Architects Or Surveyors Professional Liability UGL P0008 A CW 0413 Page 5 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
10. 11. 12 13. 14. CG 22 44 Exclusion Services Furnished By Health Care Providers CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services CG 22 48 Exclusion Insurance And Related Operations CG 22 69 Druggists CG 22 71 Colleges Or Schools Limited Form CG 22 72 Colleges Or Schools CG 22 75 Professional Liability Exclusion Computer Software CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities CG 22 77 Professional Liability Exclusion Computer Data Processing CG 22 79 Exclusion Contractors Professional Liability CG 22 80 Limited Exclusion Contractors Professional Liability CG 22 87 Exclusion Adult Day Care Centers CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services CG 22 90 Professional Liability Exclusion Spas or Personal Enhancement Facilities CG 22 91 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions CG 22 96 Limited Exclusion Personal And Advertising Injury Lawyers CG 22 98 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CG 22 99 Professional Liability Exclusion Web Site Designers CG 23 01 Exclusion Real Estate Agents Or Brokers Errors Or Omissions CG 31 15 Construction Project Management Protective Liability Coverage. Exclusion Volunteer Workers Endorsement CG 21 66 is revised to delete reference to in the state from Exclusion 2.g. Aircraft Auto Or Watercraft.. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel.. Pesticide Or Herbicide Applicator Coverage Endorsements CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Herbicide Applicator Limited Pollution Coverage endorsements and Lawn Care Services Limited Pollution Coverage.. Real Estate Property Managed Endorsement CG 22 70 is revised to reinforce that the insurance provided is excess over any other insurance available whether such insurance is primary or excess.. Colleges Or Schools Endorsements CG 22 71 and CG 22 72 are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Part and the Railroad Protective Liability Coverage Part. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of the tort liability is permitted by law. Designated Locationss Aggregate Limit Endorsement CG 25 14 is introduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Principals Protective Liability Coverage Endorsement CG 28 07 is revised to delete reference to in the state from Exclusion 2.c.1ei. UGL P0008 A CW 0413 Page 6 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
15. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part ZURICH N.A. PROPRIETARY MULTISTATE ENDORSEMENTS U GL393 Exclusion Liquor Liability and Alcohol Consumption Health Hazards BROADENING OF COVERAGE Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. OTHER CHANGES Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. U GL655 Clinical Testing Exclusion OTHER CHANGES This endorsement was revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. U GL1060 Contractors Liability Supplemental Coverages And Conditions BROADENING OF COVERAGE 1. The Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You Section has been added to provide coverage similar to the coverage provided by ISO endorsement CG 20 28. 2. The Additional Insured Managers Or Lessors Of Premises Section has been added to provide coverage similar to the coverage provided by ISO endorsement CG 20 11. 3. The Additional Insured State Or Governmental Agency Or subdivision Or Political Subdivision Permits Or Authorizations Section has been added to provide coverage similar to the coverage provided by ISO endorsement CG 20 12. 4. The Amendment Duties In The Event of Occurrence Offense Claim or Suit Section has been broadened to state that the reporting of an occurrence to a workers compensation carrier is not considered a violation of the Duties In The Event Of Occurrence Offense Claim Or Suit Condition under certain circumstances. OTHER CHANGES 1. The Who Is An Insured Sections of U GL1060 have been moved to U GL1518. 2. The Non owned Watercraft Liability Extended Coverage Section is revised to include a Schedule that provides an option to change the 51 feet watercraft length default. 3. The items relating to revising the peril of fire to specific perils have been grouped under the Damage To Premises Rented Or Occupied By You Section. UGL P0008 A CW 0413 Page 7 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
U GL1081 Additional Insured Owners Lessees or Contractors Primary Insurance OTHER CHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Finally the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. U GL1175 Additional Insured Automatic Owners Lessees Or Contractors OTHER CHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. Finally the Architects and Engineers Exclusion in this endorsement was revised to expressly address in part claims alleging negligence or the wrongdoing in the hiring employment training supervision or monitoring of others by any insured. U GL1177 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization OTHER CHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. Finally the Architects and Engineers Exclusion in this endorsement was revised to expressly address in part claims alleging negligence or the wrongdoing in the hiring employment training supervision or monitoring of others by any insured. U GL1321 Broad Form Additional Insured Coverage Owners Lessees Or Contractors Scheduled Person or Organization OTHERCHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. UGL P0008 A CW 0413 Page 8 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
10. 1. 12 Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. Finally the Architects and Engineers Exclusion in this endorsement was revised to expressly address in part claims alleging negligence or the wrongdoing in the hiring employment training supervision or monitoring of others by any insured. U GL1327 Other Insurance Amendment Primary and Noncontributory OTHER CHANGES This endorsement has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. U GL1445 Electrical Contractors Liability Coverage Enhancement BROADENING OF COVERAGE Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. U GL1452 Printers Errors and Omissions Liability Including Cost to Correct and Expenses of Withdrawal or Inspection Coverage BROADENING OF COVERAGE The Electronic Data exclusion is revised to introduce an exception for liability for damages because of bodily injury. OTHER CHANGES The word monitoring has been added to Recording and Distribution of Material or Information of Law exclusion Exclusion t. for clarity. U GL1453 Printers Errors and Omissions Liability and Expenses of Withdrawal or Inspection Coverage BROADENING OF COVERAGE The Electronic Data exclusion is revised to introduce an exception for liability for damages because of bodily injury. OTHER CHANGES The word monitoring has been added to Recording and Distribution of Material or Information of Law exclusion Exclusion t. for clarity. U GL1461 Additional Insured Automatic Owners Lessees Or Contractors Products Completed Operations Liability Amendment OTHER CHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. Finally the Architects and Engineers Exclusion in this endorsement was revised to expressly address in part claims alleging negligence or the wrongdoing in the hiring employment training supervision or monitoring of others by any insured. UGL P0008 A CW 0413 Page 9 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
13. 14. 15. 16. U GL1462 Additional Insured Owners Lessees Or Contractors Products Completed Operations Liability Amendment Scheduled Person Or Organization OTHER CHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. Finally the Architects and Engineers Exclusion in this endorsement was revised to expressly address in part claims alleging negligence or the wrongdoing in the hiring employment training supervision or monitoring of others by any insured. U GL1465 Additional Insured Owners Lessees Or Contractors Ongoing Operations Scheduled OTHER CHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. U GL1466 Additional Insured Owners Lessees Or Contractors Completed Operations Scheduled OTHER CHANGES This additional insured endorsement has been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. U GL1477 General Liability Extended Coverages OTHER CHANGES This endorsement contains two additional insured provisions that have been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. UGL P0008 A CW 0413 Page 10 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
17. 18. 19. 20. 21. U GL1484 Contractor s Pollution Liability Endorsement BROADENING OF COVERAGE The Electronic Data exclusion is revised to introduce an exception for liability for damages because of bodily injury. OTHER CHANGES This endorsement was revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. The word monitoring has been added to Recording and Distribution of Material or Information of Law exclusion for clarity. U GL1489 Heating And Air Conditioning Contractor Li Coverage Enhancement BROADENING OF COVERAGE The Electronic Data exclusion is revised to introduce an exception for liability for damages because of bodily injury. U GL1504 General Liability Supplemental Coverage Endorsement Real Estate Enhancement OTHER CHANGES This endorsement contains three additional insured provisions that have been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. U GL1505 General Liability Supplemental Coverage Endorsement Real Estate Class A OTHER CHANGES This endorsement contains three additional insured provisions that have been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. U GL1506 General Liability Supplemental Coverage Endorsement Real Estate Trophy Asset OTHER CHANGES This endorsement contains three additional insured provisions that have been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. UGL P0008 A CW 0413 Page 11 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
22. 23. 24. 25. 26. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. U GL1513 Interior Trade Contractor Liability Coverage Enhancement BROADENING OF COVERAGE The Electronic Data exclusion is revised to introduce an exception for liability for damages because of bodily injury. U GL1517 Recording and Distribution of Material or Information of Law Exclusion OTHER CHANGES The word monitoring has been added to Recording and Distribution of Material or Information of Law exclusion for clarity. U GL1330 Financial Institutions Extension OTHER CHANGES This endorsement contains three additional insured provisions that have been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. U GL1345 General Lia OTHER CHANGES This endorsement contains three additional insured provisions that have been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. ity Supplemental Coverage Endorsement Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. U GL1369 General Lial OTHER CHANGES This endorsement contains three additional insured provisions that have been revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. ity Supplemental Coverage Endorsement Technology Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Also the Primary and Noncontributory wording has been revised to be consistent with the new ISO CG2001 Primary and Noncontributory Other Insurance Condition Endorsement. UGL P0008 A CW 0413 Page 12 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 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 I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Nl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage 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. 3 d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and lization qualifying as a Named y. The words we us and providing this insurance. s any person or organization r Section Il Who Is An es that appear in quotation ning. Refer to Section V S INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1aaes. However. we will have 2 2 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. 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 At or from any premises site or location iil 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 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 c which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or 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 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 monitoril cleaning up removing contai treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 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 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 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 Il 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 behaf 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.. Personal And Advel This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 lmpaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. ing 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 ROMSs 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 usion does not apply to ded in the products ard. ur product arising out ir work arising out of it luded in the products ard. apply if the damaged 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 Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Nl 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.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv to which this 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.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 4 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS d. 1. Insuring Agreement a. We will pay medical expenses as described Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are below for bodily injury caused by an accident 1 On premises you own or rent payable or must be provided under a workers compensation or disability benefits law or a similar law. 2 On ways next to premises you own or rent e. Athletics Activities or. To a person injured while practicing instructing 3 Because of your operations or participating in any physical exercises or provided that games sports or athletic contests. a The accident takes place in the coverage f. Products Completed Operations Hazard territory and during the policy period Included within the products completed b The expenses are incurred and reported operations hazard. to us within one year of the date of the g. Coverage A Exclusions 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. Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend These payments will not exceed the applicable a. All expenses we incur. limit o nsyrance. We will pay reasonable b. Up to 250 for cost of bail bonds required expenses for because of accidents or traffic law violations 1 First aid administered at the time of an arising out of the use of any vehicle to which the accident Bodily Injury Liability Coverage applies. We do 2 Necessary medical surgical X ray and dental not have to furnish these bonds. services including prosthetic devices and c. The cost of bonds to release attachments but 3 Necessary ambulance hospital professional IY for bond amounts within the apphqabe limit nursing and funeral services. glljrssuranoe. We do not have to furnish these 2. Exclusions N R d. All reasonable expenses incurred by the insured We will not pay expenses for bodily injury at our request to assist us in the investigation or a. Any Insured defense of the claim or suit including actual To any insured except volunteer workers. I955 of eamings up to 250 a day because of Hired Pe time off from work. Hire rson. e. All court costs taxed against the insured in the To a person hired to do work for or on behalf of suit. However these payments do not include any insured or a tenant of any insured. attorneys fees or attorneys expenses taxed. Injury On Normally Occupied Premises against the insured. To a person injured on that part of premises you f. Prejudgment interest awarded against the own or that the occupies. rent person normally insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and roannrtad Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above 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. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. lit and the information rence are such that no etween the interests of sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and 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 c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. damages with or repay someone elsg vhu No person or organization is an insured with respect to must pay damages because of the injury the conduct of any current or past partnership joint described in Paragraph 1a or b venture or limited liability company that is not shown as above or a Named Insured in the Declarations. d Arising out of his or her providing or SECTION IIl LIMITS OF INSURANCE failing to provide professional health care 4 pq Limits of Insurance shown in the Declarations services. and the rules below fix the most we will pay 2 Property damage to property regardless of the number of a Owned occupied or used by a. Insureds b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b. 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 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 Aand b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damageto any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or 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 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. AL VPR LY cts completed Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will 5 because of while rented while rented oy you with e last preceding period for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. Premium shown 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. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. 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 information 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 12 of 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 3. representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.. Hostile fire 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 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fuffiling the terms of the contract or agreement. Wiy deeiylivid it e lamed Insured this vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. agreement except in ruction or demolition feet of a railroad ired by ordinance to except in connection ty N rearmant s Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
13. 14. 15. However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding cleaning geophysical exploration and well servicing equipment. building lighting 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. b. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 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. 3 Products or the 16. Products completed operations hazard. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 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. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. equipment but will be imarily for but not construction milar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses nprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or aee a pereon s or 2 3 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. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product 18. 19. 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 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 warnings or instructions. failure to provide failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
COMMERCIAL GENERAL LIABILITY CG00330413 LIQUOR 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 LIQUOR LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of injury to which this insurance applies if liability for such injury is imposed on the insured by reason of the selling serving or furnishing of any alcoholic beverage. 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 injury to which this insurance does not apply. We may at our discretion investigate any injury and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to injury only if 1 The injury occurs during the policy period in the coverage territory and 2 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 injury or claim knew that the injury had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the injury occurred then any continuation change or resumption of such injury during or after the policy period will be deemed to have been known prior to the policy period. c. Injury 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 injury or claim includes any continuation change or resumption of that injury after the end of the policy period. d. Injury 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 injury or claim 1 Reports all or any part of the injuryto us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the injury or 3 Becomes aware by any other means that ury has occurred or has begun to occur. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Injury 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. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. coverage. 4 ine rights and your clarations ifying as a s we us iding this ganization ho Is An quotation E ction V It 3E C e insured damages d insurance T nposed on serving or e. We wil ne insured damages. jefend the 1 mages for not apply. tigate any that may CG 00330413 Insurance Services Office Inc. 2012 Page 10f 6 | 2 |
c. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing 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. d. Liquor License Not In Effect Injury arising out of any alcoholic beverage sold served or furnished while any required license is not in effect. e. Your Product Injury arising out of your product. This exclusion does not apply to injury for which the insured or the insured s indemnitees 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. f. Other Insurance Any injury with respect to which other insurance is afforded or would be afforded but for the exhaustion of the limits of insurance. This exclusion does not apply if the other insurance responds to liability for injury imposed on the insured by reason of the selling serving or furnishing of any alcoholic beverage. g. War Injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. 2. These payments will not All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer.. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance.. Expenses incurred by the insured for first aid administered to others at the time of an event to which this insurance applies. reduce the limits of insurance. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds. 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. s wlidle ho must ed while any required your product. This ly to injury for which red s indemnitees may fe Page 20f 6 Insurance Services Office Inc. 2012 CG 00330413 | 2 |
d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your 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 is an insured for 1 Injury a Toyou to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that coemployee is either in the course of his or her employment or performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee as a consequence of Paragraph a above or 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 a or b above. 2 Property damage to property a Owned or occupied by or b Rented or loaned to that employee any of your other employees by any of your partners or members if you are a partnership or joint venture or by any of your members if you are a limited liability company. b. 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. c. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this 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 and b. Coverage does not apply to injury that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il 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 Aggregate Limit is the most we will pay for all injury as the result of the selling serving or furnishing of alcoholic beverages. 3. Subject to the Aggregate Limit the Each Common Cause Limit is the most we will pay for all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to any one person. 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 LIQUORLIABILITY 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. JLy Wikt stees are to their er your anization or limited you are for acts grapn a or CG 00330413 Insurance Services Office Inc. 2012 Page 30of 6 | 2 |
2. Duties In The Event Of Injury Claim Or Suit a. You must see to it that we are notified as soon as practicable of an injury which may result in a claim. To the extent possible notice should include 1 How when and where the injury took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury. 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 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury 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. 14 A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as follows a. Primary Insurance 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 b. below. b. 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. against e claim notice le. t f any r legal e claim i other tion or against in the person to the T Page 40f 6 Insurance Services Office Inc. 2012 CG 00330413 | 2 |
c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request.. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought.. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 2. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada ternational waters or airspace but only if the jury 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 arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above or 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 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.. Injury means damages because of bodily injury and property damage including damages for care loss of services or loss of support.. 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.. 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.. Suit means a civil proceeding in which damages because of injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. ed will bring suit or s and help us enforce this Coverage Part we first Named Insured written notice of the o a T ily injury sickness or erson including death at any time. America including its Ane Prierto Rica and CG 00330413 Insurance Services Office Inc. 2012 Page 50f 6 | 2 |
10. 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. Page 6 of 6 Insurance Services Office Inc. 2012 CG 00330413 | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Ef. Date of Pol. Exp. Date of Pol Eff. Date of End. Producer Addl Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorse ment modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Asbestos Exclusion Endorsement Policy No Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End AddL Prem r P THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorse ment modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have oc curred in whole or in part but for the actual alleged or threatened discharge dispersal release. leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study. contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL118 A CW 0703 Page L of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730108 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 indi rectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or en vironmental 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 concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Ter rorism Risk Insurance Act. The criteria con tained 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 Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Ter rorism Risk Insurance Act. The criteria con tained 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 Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure 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 con duct of the United States Government by coercion. CG 21730108 ISO Properties Inc. 2007 Page 10of 1 | 2 |
POLICY NUMBER GLA 5574238 01 POLICY NUMBER GLA 5574238 01 COMMERCIAL GENERAL LIABILITY CG22450413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SPECIFIED THERAPEUTIC OR COSMETIC SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations ALL PROFESSIONAL SERVICES. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability With respect to any operation shown in the Schedule this insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy. Information required to complete this Schedule if not shown above will be shown in the Declarations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy. LL PROFESSIONAL SERVICES. CG22450413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER GLA 5574238 01 ZURICH AMERICAN INSURANCE COMPANY COMMERCIAL AUTO 1400 American Lane Schaumburg lllinois 60196 1056 1 800 382 2150 BUSINESS AUTO DECLARATIONS ITEM ONE PRODUCER LOCKTON COMPANIES LLC NAMED INSURED KINSETH HOTEL CORPORATION INC SEE NAMED INSURED ENDORSEMENT MAILING ADDRESS 2 QUAIL CREEK CIR NORTH LIBERTY IA 52317 9571 POLICY PERIOD From 05 17 2014 to 05 17 2015 at1201 A.M. Standard Time at your mailing address shown above PREVIOUS POLICY NUMBER GLA 5574238 00 FORM OF BUSINESS X CORPORATION LIMITED LIABILITY COMPANY INDIVIDUAL PARTNERSHIP OTHER 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. Premium shown is payable at inception 65801.00 AUDIT PERIOD IF APPLICABLE X ANNUALLY SEMI QUARTERLY MONTHLY ANNUALLY ENDORSEMENTS ATTACHED TO THIS POLICY IL 00 17 Common Policy Conditions IL 01 46 in Washington IL 00 21 Broad Form Nuclear Exclusion not Applicable in New York IL 01 98 in Washington SEE SCHEDULE OF FORMS AND ENDORSEMENTS COUNTERSIGNED BY Date Authorized Representative U CA D600 C 04 14 Page 1 | 2 |
ITEM TWO Schedule Of Coverages And Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the Covered Autos section of the Business Auto Coverage Form next to the name of the coverage. COVERED COVERAGES AUTOS LIMIT PREMIUM COVERED AUTOS LIABILITY 1000000 52157 PERSONAL INJURY SEPARATELY STATED IN EACH P.I.P. PROTECTION or equivalent ENDORSEMENT MINUS SEE ENDT INCL No fault Coverage DEDUCTIBLE. ADDED PERSONAL INJURY SEPARATELY STATED IN EACH ADDED P.L.P. PROTECTION or equivalent ENDORSEMENT Added No fault Coverage SEPARATELY STATED IN THE PROPERTY PROPERTY PROTECTION PROTECTION INSURANCE ENDORSEMENT INSURANCE Michigan only MINUS DEDUCTIBLE FOR EACH ACCIDENT. AUTO MEDICAL PAYMENTS 5000 EACH INSURED INCL MEDICAL EXPENSE AND SEPARATELY STATED IN THE MEDICAL INCOME LOSS BENEFITS EXPENSE AND INCOME LOSS BENEFITS Virginia only ENDORSEMENT. UNINSURED MOTORISTS SEE ENDT INCL UNDERINSURED MOTORISTS When not included in 2 SEE ENDT INCL Uninsured Motorists Coverage ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS SEE ENDT PHYSICAL DAMAGE DEDUCTIBLE FOR EACH COVERED AUTO BUT COMPREHENSIVE 2.8 NO DEDUCTIBLE APPLIES TO LOSS 5299 CAUSED BY FIRE OR LIGHTNING. See ITEM FOUR For Hired or Borrowed Autos. ACTUAL CASH VALUE OR COST OF REPAIR oo DAMAGE WHICHEVER IS LESS MINUS CAUSES OF LOSS DEDUCTIBLE FOR EACH COVERED AUTO FOR COVERAGE LOSS CAUSED BY MISCHIEF OR VANDALISM. See ITEM FOUR For Hired Or Borrowed Autos. ACTUAL CASH VALUE OR COST OF REPAIR PHYSICAL DAMAGE 2.8 WHICHEVER IS LESS MINUS SEE ENDT s 7055 COLLISION COVERAGE DEDUCTIBLE FOR EACH COVERED AUTO. See ITEM FOUR For Hired Or Borrowed Autos. PHYSICAL DAMAGE FOR EACH DISABLEMENT TOWING AND LABOR OF A PRIVATE PASSENGER AUTO. TAX SURCHARGE FEE PREMIUM FOR ENDORSEMENTS 1290 ESTIMATED TOTAL PREMIUM 65801.00 This policy may be subject to final audit. T MAGE SIVE U CA D600 C 04 14 Page 2 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. The total dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. The total remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. The total dollar amount of any other costs ie. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. obiles includes trailers and U CA D600 C 04 14 Page 3 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. The total dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. The total remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. The total dollar amount of any other costs ie. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. obiles includes trailers and U CA D600 C 04 14 Page 4 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. The total dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. The total remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. The total dollar amount of any other costs ie. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. obiles includes trailers and U CA D600 C 04 14 Page 5 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. The total dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. The total remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. The total dollar amount of any other costs ie. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. obiles includes trailers and U CA D600 C 04 14 Page 6 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. The total dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. The total remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. The total dollar amount of any other costs ie. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. obiles includes trailers and U CA D600 C 04 14 Page 7 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos used in your motor carrier operations cost of hire means 1. The total dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. The total remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. The total dollar amount of any other costs ie. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. obiles includes trailers and U CA D600 C 04 14 Page 8 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE COVERED AUTOS LIABILITY COVERAGE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM INCL For autos used in your motor carrier operations cost of hire means 1. The total dollar amount of costs you incurred for the hire of automobiles includes trailers and semitrailers and if not included therein 2. The total remunerations of all operators and drivers helpers of hired automobiles whether hired with a driver by lessor or an employee of the lessee or any other third party and 3. The total dollar amount of any other costs ie. repair maintenance fuel etc. directly associated with operating the hired automobiles whether such costs are absorbed by the insured paid to the lessor or owner or paid to others. COVERED AUTOS LIABILITY COVERAGE Cost Of Hire Rating Basis for Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equipment COVERED AUTOS ESTIMATED ANNUAL LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM Primary Coverage Excess Coverage TOTAL HIRED AUTO PREMIUM For autos NOT used in your motor carrier operations cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. obiles includes trailers and U CA D600 C 04 14 Page 9 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF TF ANY 3 COMPREHENSIVE IA REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF TF ANY 12 COLLISION IA REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. OLLISION U CA D600 C 04 14 Page 10 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF TF ANY 25 COMPREHENSIVE IL REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF TF ANY 25 COLLISION IL REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. IL OLLISION IL U CA D600 C 04 14 Page 11 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF TF ANY 25 COMPREHENSIVE KS REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF TF ANY 25 COLLISION KS REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. KS OLLISION KS U CA D600 C 04 14 Page 12 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF TF ANY 25 COMPREHENSIVE MN REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF TF ANY 25 COLLISION MN REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. VN OLLISION VN U CA D600 C 04 14 Page 13 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF TF ANY 25 COMPREHENSIVE MO REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF TF ANY 25 COLLISION MO REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. MO OLLISION MO U CA D600 C 04 14 Page 14 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF TF ANY 3 COMPREHENSIVE NE REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF TF ANY 12 COLLISION NE REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. NE OLLISION NE U CA D600 C 04 14 Page 15 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Physical Damage Coverages Cost Of Hire Rating Basis For All Autos Other Than Mobile or Farm Equipment ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With COVERAGE STATE LIMIT OF INSURANCE A Driver PREMIUM ACTUAL CASH VALUE OR COST OF TF ANY S 25 COMPREHENSIVE WI REPAIR WHICHEVER IS LESS MINUS 100 DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE OR COST OF SPECIFIED REPAIR WHICHEVER IS LESS MINUS CAUSES DEDUCTIBLE FOR EACH OF LOSS COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE OR COST OF TF ANY s 25 COLLISION WI REPAIR WHICHEVER IS LESS MINUS 250 DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM 300 For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. NI OLLISION NI U CA D600 C 04 14 Page 16 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Cost Of Hire Rating Basis For Mobile Or Farm Equipment Other Than Physical Damage Coverages ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE PREMIUM COVERAGE STATE obie Equipment Equipment Equipment Equipment Covered Autos Liability Primary Coverage Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUM Cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for services performed by motor carriers of property or passengers. U CA D600 C 04 14 Page 17 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Cost Of Hire Rating Basis For Mobile or Farm Equipment Physical Damage Coverages COVERAGE COMPREHENSIVE STATE LIMIT OF INSURANCE ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ESTIMATED ANNUAL COST OF HIRE FOR EACH STATE Excluding Autos Hired With A Driver PREMIUM Mobile Farm Equipment Equipment Mobile Farm Equipment Equipment SPECIFIED CAUSES OF LOSS ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO FOR LOSS CAUSED COLLISION ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS MINUS DEDUCTIBLE FOR EACH COVERED AUTO. TOTAL HIRED AUTO PREMIUM For Physical Damage Coverages cost of hire means the total amount you incur for the hire of autos you do nt own not including autos you borrow or rent from your partners or employees or their family members. Cost of hire does not include charges for any auto that is leased hired rented or borrowed with a driver. ECIFIED AUSES F LOSS OLLISION U CA D600 C 04 14 Page 18 | 2 |
ITEM FOUR SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS Contd Rental Period Rating Basis For Mobile Or Farm Equipment Other Than Garage Service Operations And Other Than Social Service Agencies Number Of Employees 146 ESTIMATED NUMBER OF DAYS EQUIPMENT WILL PREMIUM TOWN AND STATE BE RENTED WHERE THE JOB SITE Mobile Farm Mobile Farm COVERAGE IS LOCATED Equipment Equipment Equipment Equipment Covered Autos Liability Primary Coverage Covered Autos Liability Excess Coverage Personal Injury Protection Medical Expense Benefits Virginia Only Income Loss Benefits Virginia Only Auto Medical Payments TOTAL HIRED AUTO PREMIUMS ITEMFIVE SCHEDULE FOR NON OWNERSHIP COVERED AUTOS LIABILITY NAMED INSURED S BUSINESS RATING BASIS NUMBER PREMIUM INCL Number Of Partners Active and Inactive Garage Service Operations Number Of Employees Whose Principal Duty Involves The Operation Of Autos Number Of Partners Active and Inactive Social Service Agencies Number Of Employees Number Of Volunteers Who Regularly Use Autos To Transport Clients Number Of Partners Active and Inactive TOTAL NON OWNERSHIP COVERED AUTOS LIABILITY PREMUId INCL U CA D600 C 04 14 Page 19 | 2 |
ITEM SIX SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS Type Of Risk Check one Public Autos Leasing Or Rental Concerns Rating Basis Check one Gross Receipts Per 100 Mileage Per Mile Estimated Yearly Check One Gross Receipts Per 100 Mileage Premiums Covered Autos Liability Personal Injury Protection Added Personal Injury Protection Property Protection Insurance Michigan Only Auto Medical Payments Medical Expense And Income Loss Benefits Virginia Only Comprehensive Specified Causes Of Loss Collision Towing And Labor When used as a premium basis FOR PUBLIC AUTOS Gross receipts means the total amount earned by the named insured for transporting passengers mail and merchandise. Gross receipts does not include 1. Amounts paid to air sea or land carriers operating under their own permits. 2. Advertising revenue. 3. Taxes collected as a separate item and paid directly to the government. 4. C.0.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing autos during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of autos to others without drivers. Mileage means the total live and dead mileage of all autos you leased or rented to others without drivers. U CA D600 C 04 14 Page 20 | 2 |
Z ZURICH Coverage Extension Endorsement Policy No Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section Il Covered Autos Liability Coverage The following are also insureds Any employee of yours is an insured while using a covered auto you do nt own hire or borrow for acts performed within the scope of employment by you. Any employee of yours is also an insured while operating an auto hired or rented under a contract or agreement in an employee s name with your permission while performing duties related to the conduct of your business. Anyone volunteering services to you is an insured while using a covered auto you do nt own hire or borrow to transport your clients or other persons in activities necessary to your business. Anyone else who furnishes an auto referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. Where and to the extent permitted by law any persons or organizations where required by written contract or written agreement with you executed prior to any accident including those persons or organizations directing your work pursuant to such written contract or written agreement with you provided the accident arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement or the Limits of Insurance shown in the Declarations whichever is less. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form Coverage for any persons or organizations where required by written contract or written agreement with you executed prior to any accident will apply on a primary and non contributory basis and any insurance maintained by the additional insured will apply on an excess basis. However in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment Supplementary Payments Paragraphs a.2 and a.4 of the Coverage Extensions Provision in Section Il Covered Autos Liability Coverage are replaced by the following 2 Up to 5000 for the cost of bail bonds including bonds for related traffic law violations required because of an accident we cover. We do not have to furnish these bonds. 4 All reasonable expenses incurred by the insured at our request including actual loss of earnings up to 500 a day because of time off from work. U CA424 F CW 04 14 Page 10f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section Il Covered Autos Liability Coverage does not apply.. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section Il Covered Autos Liability Coverage This exclusion does not apply to covered autos participating in a driver safety program event such as but not limited to auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV Physical Damage Coverage of the Motor Carrier Coverage Form This exclusion does not apply to covered autos participating in a driver safety program event such as but not limited to auto or truck rodeos and other auto or truck agility demonstrations. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Lease Or Loan Gap Coverage In the event of a total loss to a covered auto we will pay any unpaid amount due on the lease or loan for a covered auto less a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form and b. Any 1 Overdue lease or loan payments at the time of the loss 2 Financial penalties imposed under a lease for excessive use abnormal wear and tear or high mileage 3 Security deposits not returned by the lessor 4 Costs for extended warranties credit life insurance health accident or disability insurance purchased with the loan or lease and 5 Carry over balances from previous leases or loans. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following We will pay up to 75 for towing and labor costs incurred each time a covered auto of the private passenger type is disabled. However the labor must be performed at the place of disablement.. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section If glass must be replaced the deductible shown in the Declarations will apply. However if glass can be repaired and is actually repaired rather than replaced the deductible will be waived. You have the option of having the glass repaired rather than replaced.. Hired Auto Physical Damage Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following Loss Of Use Expenses For Hired Auto Physical Damage we will pay expenses for which an insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by U CA424 F CW 04 14 Page 2 0f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1 Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered auto 2 Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered auto or 3 Collision only if the Declarations indicate that Collision Coverage is provided for any covered auto. However the most we will pay for any expenses for loss of use is 100 per day to a maximum of 3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Personal Effects Coverage We will pay up to 750 for loss to personal effects which are 1 Personal property owned by an insured and 2 Inoron acovered auto. Subject to Paragraph a. above the amount to be paid for loss to personal effects will be based on the lesser of 1 The reasonable cost to replace or 2 The actual cash value. The coverage provided in Paragraphs a. and b. above only applies in the event of a total theft of a covered auto. No deductible applies to this coverage. However we will not pay for loss to personal effects of any of the following 1 Accounts bills currency deeds evidence of debt money notes securities or commercial paper or other documents of value. 2 Bullion gold silver platinum or other precious alloys or metals furs or fur garments jewelry watches precious or semi precious stones. 3 Paintings statuary and other works of art. 4 Contraband or property in the course of illegal transportation or trade. 5 Tapes records discs or other similar devices used with audio visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same loss. J. Tapes Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section Il Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section We will pay for loss to tapes records discs or other similar devices used with audio visual or data electronic equipment. We will pay only if the tapes records discs or other similar audio visual or data electronic devices a Are the property of an insured and b Are in a covered auto at the time of loss. The most we will pay for such loss to tapes records discs or other similar devices is 500. The Physical Damage Coverage Deductible Provision does not apply to such loss. U CA424 F CW 04 14 Page 30f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section Ill Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us the following applies for each covered auto on a per vehicle basis 1. If the deductible on this policy or Coverage Form is the smaller or smallest deductible it will be waived or 2. If the deductible on this policy or Coverage Form is not the smaller or smallest deductible it will be reduced by the amount of the smaller or smallest deductible. M. Physical Damage Comprehensive Coverage Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section Regardless of the number of covered autos damaged or stolen the maximum deductible that will be applied to Comprehensive Coverage for all loss from any one cause is 5000 or the deductible shown in the Declarations whichever is greater. N. Temporary Substitute Autos Physical Damage 1. The following is added to Section Covered Autos Temporary Substitute Autos Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered autos the following types of vehicles are also covered autos for Physical Damage Coverage Any auto you do not own when used with the permission of its owner as a temporary substitute for a covered auto you do own but is out of service because of its 1. Breakdown 2. Repair 3. Servicing 4. Lossor 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section Temporary Substitute Autos Physical Damage We will pay the owner for loss to the temporary substitute auto unless the loss results from fraudulent acts or omissions on your part. If we make any payment to the owner we will obtain the owner s rights against any other party. The deductible for the temporary substitute auto will be the same as the deductible for the covered auto it replaces. 0. Amended Duties In The Event Of Accident Claim Suit Or Loss Paragraph a. of the Duties In The Event Of Accident Claim Suit Or Loss Condition is replaced by the following a. Inthe event of accident claim suit or loss you must give us or our authorized representative prompt notice of the accident claim suit or loss. However these duties only apply when the accident claim suit or loss is known to you if you are an individual a partner if you are a partnership a member if you are a limited liability company or an executive officer or insurance manager if you are a corporation. The failure of any U CA424 F CW 04 14 Page 4 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
agent servant or employee of the insured to notify us of any accident claim suit or loss shall not invalidate the insurance afforded by this policy. Include as soon as practicable 1 How when and where the accident or loss occurred and if a claim is made or suit is brought written notice of the claim or suit including but not limited to the date and details of such claim or suit 2 The insured s name and address and 3 To the extent possible the names and addresses of any injured persons and witnesses. If you report an accident claim suit or loss to another insurer when you should have reported to us your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you.. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition This Condition does not apply to the extent required of you by a written contract executed prior to any accident or loss provided that the accident or loss arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract.. Employee Hired Autos Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following For Hired Auto Physical Damage Coverage the following are deemed to be covered autos you own 1 Any covered auto you lease hire rent or borrow and 2 Any covered auto hired or rented under a written contract or written agreement entered into by an employee or elected or appointed official with your permission while being operated within the course and scope of that employee s employment by you or that elected or appointed official s duties as respect their obligations to you. However any auto that is leased hired rented or borrowed with a driver is not a covered auto.. Unintentional Failure to Disclose Hazards The following is added to the Concealment Misrepresentation Or Fraud Condition However we will not deny coverage under this Coverage Form if you unintentionally 1 Fail to disclose any hazards existing at the inception date of this Coverage Form or 2 Make an error omission improper description of autos or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. Hired Auto World Wide Coverage Paragraph 7a.5 of the Policy Period Coverage Territory Condition is replaced by the following 5 Anywhere in the world if a covered auto is leased hired rented or borrowed for a period of 60 days or less Bodily Injury Redefined The definition of bodily injury in the Definitions Section is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U CA424 F CW 04 14 Page 5 0f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section Il Covered Auto Liability Coverage is replaced by the following Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. V. Physical Damage Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section Ill Physical Damage Coverage is replaced by the following 4. Coverage Extensions a. Transportation Expenses We will pay up to 50 per day to a maximum of 1000 for temporary transportation expense incurred by you because of the total theft of a covered auto of the private passenger type. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending regardless of the policy s expiration when the covered auto is returned to use or we pay for its loss. W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section In the event of a total loss to a covered auto of the private passenger type that is replaced with a hybrid auto or auto powered by an alternative fuel source of the private passenger type we will pay an additional 10 of the cost of the replacement auto excluding tax title license other fees and any aftermarket vehicle upgrades up to a maximum of 2500. The covered auto must be replaced by a hybrid auto or an auto powered by an alternative fuel source within 60 calendar days of the payment of the loss and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid auto the auto must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric hydrogen propane solar or natural gas either compressed or liquefied. To qualify as an auto powered by an alternative fuel source the auto must be powered by a source of propulsion power other than a conventional gasoline engine. An auto solely propelled by biofuel gasoline or diesel fuel or any blend thereof is not an auto powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section If a covered auto is stolen and recovered we will pay the cost of transport to return the auto to you. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms conditions provisions and exclusions of this policy remain the same. U CA424 F CW 04 14 Page 6 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH. 7 Premium And Reports Agreement ZURICH Composite Rated Policies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Auto Dealers Coverage Form Business Auto Coverage Form Motor Carrier Coverage Form Schedule Units of Exposure Indicate your selection of one of the following with an XJ Per auto Per 100 cost of hire Per 10000 miles Per auto power units only Per 100 of gross receipts Per 100 miles Per 1000 payroll Other Estimated Units of Exposure Composite Rates Estimated Premiums PPT LIGHT MED OTHER 69 930.60 64211 COVERAGE EXTENSION 1290 HIRED CAR PD 300 Deposit Premium 65801 Minimum Premium 49351 The Premium Audit Condition is replaced by the following Premium Audit a. We will compute all premiums for this coverage form according to our rules and the Composite Rates shown in the Schedule of this endorsement or attached hereto. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures at the time of final audit. b. The Deposit Premium shown in the Schedule of this endorsement is due and payable on the first day of the policy period. In addition the first Named Insured will pay within 20 days following the date of mailing or delivery of a statement of interim audited premium any additional earned premium that is developed during any interim audit conducted by us during the policy period. c. Within 180 days after this coverage form expires we will conduct a final audit which may not be waived. We will compute the earned premium for the policy period by multiplying the Composite Rate for the indicated Unit of Exposure shown in the Schedule of this endorsement against your actual exposures as determined by such final audit. If the resulting earned premium is greater than the sum of the Deposit Premium shown in the Schedule and any interim adjustment premiums the first Named Insured will pay us the excess if less we will return the unearned premium to the first Named Insured. However the earned premium will not be less than the Minimum Premium shown in the Schedule. If no Minimum Premium is shown in the Schedule the Minimum Premium will be 80 of the Deposit Premium. Per 100 cost of hire Per 10000 miles s only Per 100 of gross receipts Per 100 miles U CA411 E CW 02 14 Page 10f2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d. If this policy is issued for more than one year the premium for this coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. e. The first Named Insured must maintain records of the information we need for premium computation and send us copies at such times as we may request. f. Solely with respect to this endorsement the Units of Exposure shown in the Schedule of this endorsement are defined as follows 1 Auto means the actual number of covered autos determined by adding the number of covered autos at the beginning of the policy period to the number of covered autos at the end of the policy period or termination date and dividing this sum by two. 2 Auto power units only means the actual number of covered autos power units only determined by adding the number of covered autos power units only at the beginning of the policy period to the number of covered autos power units only at the end of the policy period or termination date and dividing this sum by two. This includes autos operated under their own power only. 3 Cost of hire means the total cost of hiring the autos. If autos are hired without operators this includes the actual wages of the operators of such autos. 4 Gross receipts means the total amount earned by the insured for shipping or transporting property. This includes a The total amount received from the rental of equipment with or without drivers to any person or organization not engaged in the business of transporting property for hire by auto and b 15 of the total amount received from the rental of equipment with or without drivers to any person or organization engaged in the business of transporting property for hire by auto. Gross receipts does not include i Amounts paid to air sea or land carriers operating under their own permits i Taxes collected as a separate item and paid directly to the government iii Cash on delivery collections for cost of merchandise including collection fees iv Warehouse storage charges or v Advertising revenue. This definition applies whether shipment originates with the insured or some other carrier. 5 Miles means the total mileage driven during the policy period by all revenue producing autos. 6 Payroll means total remuneration for all employees of the insured. 7 Other means the description shown under the Other Unit of Exposure category shown in the Schedule of this endorsement. All other terms conditions provisions and exclusions of this policy remain the same. U CA411 E CW 02 14 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Schedule of Auto Physical Damage Deductibles The Schedule set forth below identifies the Deductible to apply to the Coverages and Vehicles described. SCHEDULE Vehicle Description ALL UNITS ALL UNITS Coverage COMPREHENSIVE COLLISION nan nan nan nan 500.0 U CA548 ACW 1006 Page 1 of 1 Copyright Zurich American Insurance Company 2006 | 2 |
COMMERCIAL AUTO CA 23841013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury damage loss or expense is enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following apply 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury damage loss or expense means any injury damage loss or expense covered under any Coverage Form or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury loss loss of use rental reimbursement after loss or covered pollution cost or expense as may be defined under this Coverage Form Policy or any applicable endorsement. B. Except with respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any injury damage loss or expense caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury damage loss or expense is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury damage loss or expense. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or CA23841013 Insurance Services Office Inc. 2013 Page 10f 3 | 2 |
I. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. and B.6. are exceeded. With respect to this exclusion Paragraphs B.5. and B.6. describe the thresholds used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. C. With respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any loss loss of use or rental reimbursement after loss caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the threshold in Paragraph C.5. is exceeded. Page 2 of 3 Insurance Services Office Inc. 2013 CA 23841013 | 2 |
With respect to this exclusion Paragraph C.5. describes the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. D. In the event of any incident of terrorism that is not subject to the exclusion in Paragraph B. or C. coverage does not apply to any injury damage loss or expense that is otherwise excluded under this Coverage Form Policy or any applicable endorsement. CA23841013 Insurance Services Office Inc. 2013 Page 30of 3 | 2 |
COMMERCIAL AUTO CA 23861013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. A. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury damage loss or expense is enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following apply 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury damage loss or expense means any injury damage loss or expense covered under any Coverage Form or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury loss loss of use rental reimbursement after loss or covered pollution cost or expense as may be defined under this Coverage Form Policy or any applicable endorsement. B. Except with respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any injury damage loss or expense caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury damage loss or expense is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury damage loss or expense. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or CA 23861013 Insurance Services Office Inc. 2013 Page 10f 3 | 2 |
I. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. and B.6. are exceeded. With respect to this exclusion Paragraphs B.5. and B.6. describe the thresholds used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. However with respect to Covered Autos Liability Coverage and Personal Injury Protection Coverage if applicable this exclusion applies only to the extent that the limit of such coverage exceeds the state compulsory or financial responsibility law minimum limits for each coverage. With respect to Uninsured andor Underinsured Motorists Coverage if applicable this exclusion applies only to the extent that the limit of such coverage exceeds the minimum statutory permitted limits for Uninsured andor Underinsured Motorists Coverage. Those limits are equal to the minimum limit permitted for Covered Autos Liability Coverage.. With respect to Physical Damage Coverage Trailer Interchange Coverage Garagekeepers Coverage Garagekeepers Coverage Customers Sound Receiving Equipment or the Single Interest Automobile Physical Damage Insurance Policy the following exclusion is added Exclusion Of Terrorism We will not pay for any loss loss of use or rental reimbursement after loss caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions. Page 2 of 3 Insurance Services Office Inc. 2013 CA 23861013 | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the threshold in Paragraph C.5. is exceeded. With respect to this exclusion Paragraph C.5. describes the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of terrorism there is no coverage under this Coverage Form Policy or any applicable endorsement. D. In the event of any incident of terrorism that is not subject to the exclusion in Paragraph B. or C. coverage does not apply to any injury damage loss or expense that is otherwise excluded under this Coverage Form Policy or any applicable endorsement. CA 23861013 Insurance Services Office Inc. 2013 Page 30of 3 | 2 |
Z ZURICH THIS NOTICE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. NOTICE REGARDING TERRORISM PREMIUM FOR COMMERCIAL AUTOMOBILE INS URANCE SCHEDULE Premium attributable to risk of loss resulting from terrorism for the Commercial Automobile line of insurance Automobile Not Applicable Terrorism Exclusion Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Terrorism Risk Insurance Act TRIA B. Disclosure of Terrorism Pre mium The Commercial Automobile line is not part of TRIA. We have elected to provide notice to you of the amount On December 22 2005 the President of the United of the total policy premium attributable to the risk of States signed the first TRIA extension act into law and loss from terrorism for the Commercial Automobile line at that time the Commercial Auto line was removed of insurance. from the program. The federal government does not share in Commercial Automobile terrorism losses.. Copyright 2008 Zurich American Insurance Compnay Includes copyrighted materi Office Inc.. with its permission U CA531 B 28 Page 1of | 2 |
COMMERCIAL AUTO CA00011013 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION COVERED AUTOS Read the entire policy carefully to determine rights ltem Two of the Declarations shows the autos that duties and what is and is not covered. are covered autos for each of your coverages. The Throughout this policy the words you and your following numerical symbols describe the autos that refer to the Named Insured shown in the Declarations. may be covered autos. The symbols entered next to The words we us and our refer to the company a coverage on the Declarations designate the only providing this insurance. autos that are covered autos. Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any Auto 2 Owned Autos Only those autos you own and for Covered Autos Liability Coverage any Only trailers you do nt own while attached to power units you own. This includes those autos you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger autos you own. This includes those private Passenger passenger autos you acquire ownership of after the policy begins. Autos Only 4 Owned Only those autos you own that are not of the private passenger type and for Autos Other Covered Autos Liability Coverage any trailers you do nt own while attached to Than Private power units you own. This includes those autos not of the private passenger Passenger type you acquire ownership of after the policy begins. Autos Only 5 Owned Autos Only those autos you own that are required to have no fault benefits in the state Subject To where they are licensed or principally garaged. This includes those autos you No fault acquire ownership of after the policy begins provided they are required to have no fault benefits in the state where they are licensed or principally garaged. 6 Owned Autos Only those autos you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and can not reject Uninsured Compulsory Motorists Coverage. This includes those autos you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those autos described in Item Three of the Declarations for which a Described premium charge is shown and for Covered Autos Liability Coverage any trailers Autos you do nt own while attached to any power unit described in Item Three. 8 Hired Autos Only those autos you lease hire rent or borrow. This does not include any auto Only you lease hire rent or borrow from any of your employees partners if you are a partnership members if you are a limited liability company or members of their households. 9 Non owned Only those autos you do not own lease hire rent or borrow that are used in Autos Only connection with your business. This includes autos owned by your employees partners if you are a partnership members if you are a limited liability company or members of their households but only while used in your business or your personal affairs. utos Oniy CA00011013 Insurance Services Office Inc. 2011 Page 1 of 12 | 2 |
19 Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only Only those autos that are land vehicles and that would qualify under the definition of mobile equipment under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1 2 3 4 5 6 or 19 are entered next to a coverage in Item Two of the Declarations then you have coverage for autos that you acquire of the type described for the remainder of the policy period. 2. But if Symbol 7 is entered next to a coverage in Item Two of the Declarations an auto you acquire will be a covered auto for that coverage only if a. We already cover all autos that you own for that coverage or it replaces an auto you previously owned that had that coverage and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form the following types of vehicles are also covered autos for Covered Autos Liability Coverage 1. Trailers with a load capacity of 2000 pounds or less designed primarily for travel on public roads. 2. Mobile equipment while being carried or towed by a covered auto. 3. Any auto you do not own while used with the permission of its owner as a temporary substitute for a covered auto you own that is out of service because of its a. Breakdown. Repair. Servicing. Loss or. Destruction. o oo00 SECTION Il COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an insured legally must pay as damages because of bodily injury or property damage to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of a covered auto. We will also pay all sums an insured legally must pay as a covered pollution cost or expense to which this insurance applies caused by an accident and resulting from the ownership maintenance or use of covered autos. However we will only pay for the covered pollution cost or expense if there is either bodily injury or property damage to which this insurance applies that is caused by the same accident. We have the right and duty to defend any insured against a suit asking for such damages or a covered pollution cost or expense. However we have no duty to defend any insured against a suit seeking damages for bodily injury or property damage or a covered pollution cost or expense to which this insurance does not apply. We may investigate and settle any claim or suit as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are insureds a. You for any covered auto. b. Anyone else while using with your permission a covered auto you own hire or borrow except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer connected to a covered auto you own. Page 2 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
2 Your employee if the covered auto is owned by that employee or a member of his or her household. 3 Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an insured described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the insured 1 All expenses we incur. 2 Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an accident we cover. We do not have to furnish these bonds. The cost of bonds to release attachments in any suit against the insured we defend but only for bond amounts within our Limit of Insurance. All reasonable expenses incurred by the insured at our request including actual loss of earnings up to 250 a day because of time off from work. All court costs taxed against the insured in any suit against the insured we defend. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. All interest on the full amount of any judgment that accrues after entry of the judgment in any suit against the insured we defend but our duty to pay interest ends when we have paid offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. 4 5 3 4 5 6 These payments will not reduce the Limit of Insurance. b. Out of state Coverage Extensions While a covered auto is away from the state where it is licensed we will 1 Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered auto is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. Provide the minimum amounts and types of other coverages such as no fault required of out of state vehicles by the jurisdiction where the covered auto is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following 1. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages a. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement or b. That the insured would have in the absence of the contract or agreement. 3. Workers Compensation Any obligation for which the insured or the insured s insurer may be held liable under any workers compensation disability benefits or unemployment compensation law or any similar law. 2 CA00011013 Insurance Services Office Inc. 2011 Page 3 of 12 | 2 |
4. Employee Indemnification And Employer s Liabi Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing the duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to bodily injury to domestic employees not entitied to workers compensation benefits or to liability assumed by the insured under an insured contract. For the purposes of the Coverage Form a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee Bodily injury to a. Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b. The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a. above. 6. Care Custody Or Control Property damage to or covered pollution cost or expense involving property owned or transported by the insured or in the insured s care custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property Bodily injury or property damage resulting from the handling of property a. Before it is moved from the place where it is accepted by the insured for movement into or onto the covered auto or b. After it is moved from the covered auto to the place where it is finally delivered by the insured. 8. Movement Of Property By Mechanical Device Bodily injury or property damage resulting from the movement of property by a mechanical device other than a hand truck unless the device is attached to the covered auto. 9. Operations Bodily injury or property damage arising out of the operation of a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definiton of mobile equipment or b. Machinery or equipment that is on 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. 10. Completed Operations Bodily injury or property damage arising out of your work after that work has been completed or abandoned. In this exclusion your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness quality durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. 3 Page 4 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
11 Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Pollution Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from the covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon the covered auto b. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or c. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if 1 The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of mobile equipment. 2 Paragraphs b. and c. above of this exclusion do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 12. War Bodily injury or property damage arising directly or indirectly out of a. War including undeclared or civil war b. 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 c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered autos while used in any professional or organized racing or demolition contest or stunting activity or while practicing for such contest or activity. This insurance also does not apply while that covered auto is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered autos insureds premiums paid claims made or vehicles involved in the accident the most we will pay for the total of all damages and covered pollution cost or expense combined resulting from any one accident is the Limit Of Insurance for Covered Autos Liability Coverage shown in the Declarations. CA00011013 Insurance Services Office Inc. 2011 Page 5 of 12 | 2 |
All bodily injury property damage and covered pollution cost or expense resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one accident. No one will be entitled to receive duplicate payments for the same elements of loss under this Coverage Form and any Medical Payments Coverage endorsement Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION lll PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for loss to a covered auto or its equipment under a. Comprehensive Coverage From any cause except 1 The covered auto s collision with another object or 2 The covered auto s overturn. b. Specified Causes Of Loss Coverage Caused by 1 Fire lightning or explosion 2 Theft 3 Windstorm hail or earthquake 4 Flood 5 Mischief or vandalism or 6 The sinking burning collision or derailment of any conveyance transporting the covered auto. c. Collision Coverage Caused by 1 The covered auto s collision with another object or 2 The covered auto s overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered auto of the private passenger type is disabled. However the labor must be performed at the place of disablement. 3. Glass Breakage Hitting A Bird Or Animal Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered auto we will pay for the following under Comprehensive Coverage a. Glass breakage b. Loss caused by hitting a bird or animal and c. Loss caused by falling objects or missiles. However you have the option of having glass breakage caused by a covered auto s collision or overturn considered a loss under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to 20 per day to a maximum of 600 for temporary transportation expense incurred by you because of the total theft of a covered auto of the private passenger type. We will pay only for those covered autos for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending regardless of the policy s expiration when the covered auto is returned to use or we pay for its loss. b. Loss Of Use Expenses For Hired Auto Physical Damage we will pay expenses for which an insured becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by 1 Other than collision only if the Declarations indicates that Comprehensive Coverage is provided for any covered auto 2 Specified Causes Of Loss only if the Declarations indicates that Specified Causes Of Loss Coverage is provided for any covered auto or Page 6 of 12 Insurance Services Office Inc. 2011 CA00011013 | 2 |
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