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6 The insured s violation or breach of any policy terms or conditions or 7 Any other reasons that are approved by the Commissioner of Insurance. We will mail or deliver written notice of cancellation under Paragraph A.2.b. to the first Named Insured at least a 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b 30 days before the effective date of cancellation if we cancel for a reason described in Paragraphs A.2.b.2 through 7 above. B. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following which applies with respect to premium payments due on new and renewal policies including installment payments 2. Notice Of Cancellation a. If your premium payment check or other negotiable instrument is returned to us or our agent or a premium finance company because it is uncollectible for any reason we may cancel the policy subject to Paragraphs B.2.b. and B.2.c. b. We may cancel the policy effective from the date the premium payment was due by sending you written notice by certified mail or by delivering such notice to you within 10 days of the date that we receive notice of the returned check or negotiable instrument. c. The cancellation notice will also advise you that the policy will be reinstated effective from the date the premium payment was due if you present to us a cashier s check or money order for the full amount of the returned check or other negotiable instrument within 10 days of the date that the cancellation notice was mailed. C. With respect to the Coverage Parts and Policies to which this endorsement applies except the Equipment Breakdown Coverage Part Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 5. Premium Refund If this policy is cancelled we will return any premium refund due subject to Paragraphs C.5.a. C.5.b. C5.c. C.5d. and C.5.e. The cancellation will be effective even if we have not made or offered a refund. a. If the first Named Insured cancels the refund will not be less than 90 of the pro rata unearned premium rounded to the next higher whole dollar. The refund will be returned within 30 days after the effective date of cancellation. We will send the refund to the first Named Insured and any mortgagee that has provided us with written notice of the percentage of the premium being funded with the mortgagee s own funds. The percentage of the unearned premium attributable to the mortgagee shall be returned to the mortgagee and the percentage of the unearned premium attributable to the first Named Insured shall be returned to the first Named Insured. b. If we cancel the refund will be pro rata and we will send the refund to the first Named Insured unless Paragraph C.5.c. or C.5.d. applies. c. If we cancel based on Paragraph B.2. of this endorsement we will return the premium due if any within 10 days after the expiration of the 10 day period referred to in B.2.c. If the policy was financed by a premium finance company or if payment was advanced by the insurance agent we will send the return premium directly to such payor. d. With respect to any cancellation of the Commercial Auto Coverage Part we will send the return premium if any to the premium finance company if the premium was financed by such company. e. When return premium payment is sent to the premium finance company or the agent of the insured we will provide notice to you at the time of cancellation that a return of unearned premium may be generated by the cancellation. D. With respect to the Equipment Breakdown Coverage Part Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 5. Premium Refund If this policy is cancelled we will return any premium refund due subject to Paragraphs D.5.a. D.5.b. D.5.c. D.5.d. and D.5.e. The cancellation will be effective even if we have not made or offered a refund. a. If we cancel the refund will be pro rata. Page 2 0f 3 Insurance Services Office Inc. 2017 IL0277 0118 | 2 |
b. If the first Named Insured cancels the refund will not be less than 75 of the pro rata unearned premium rounded to the next higher whole dollar. The refund will be returned within 30 days after the effective date of cancellation. c. We will send the refund to the first Named Insured unless Paragraph D.5.d. applies. d. If we cancel based on Paragraph B.2. of this endorsement we will return the premium due if any within 10 days after the expiration of the 10 day period referred to in B.2.c. If the policy was financed by a premium finance company or if payment was advanced by the insurance agent we will send the return premium directly to such payor. e. When return premium payment is sent to the premium finance company or the agent of the insured we will provide notice to you at the time of cancellation that a return of unearned premium may be generated by the cancellation. E. The Premiums Common Policy Condition is replaced by the following Premiums 1. The first Named Insured shown in the Declarations is responsible for the payment of all premiums. 2. We will pay return premiums if any to the first Named Insured unless another person or entity is entitled to be the payee in accordance with Paragraph C. or D. of this endorsement. F. Paragraph f. of the Mortgageholders Condition in the Commercial Property Coverage Part Standard Property Policy and the Capital Assets Program Output Policy Coverage Part and Paragraph 4.f. of the Mortgageholders Condition in the Farm Coverage Part are replaced by the following If we cancel a policy that has been in effect for fewer than 60 days and is not a renewal of a policy we issued we will give written notice to the mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. If we cancel a policy that has been in effect for 60 days or more or is a renewal of a policy we issued we will give written notice to the mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. G. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at least 60 days before its expiration date or its anniversary date if it is a policy written for a term of more than one year or with no fixed expiration date. 2. We need not mail or deliver this notice if a. We or another company within our insurance group have offered to issue a renewal policy or b. You have obtained replacement coverage or have agreed in writing to obtain replacement coverage. 3. Any notice of nonrenewal will be mailed or delivered to the first Named Insured mortgageholder pledgee or other known person shown in the policy to have an insurable interest in any loss at the last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Such notice to the insured shall include the insured s loss run information for the period the policy has been in force within but not to exceed the last three years of coverage. IL 02770118 Insurance Services Office Inc. 2017 Page 30f 3 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10f 1 m | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1 | 2 |
Z4 ZURICH Notice to Indiana Policyholders Regarding Filing Complaints with the Department of Insurance Questions regarding your policy or coverage should be directed to Customer Inquiry Center Zurich North America 1299 Zurich Way Schaumburg IL 60196 800 382 2150 If you a need the assistance of the governmental agency that regulates insurance or b have a complaint you have been unable to resolve with your insurer you may contact the Department of Insurance by mail telephone or email State of Indiana Department of Insurance Consumer Services Division 311 West Washington Street Suite 300 Indianapolis Indiana 46204 Consumer Hotline 800 622 4461 317 232 2395 Complaints can be filed electronically at www.in.govidoi. U GU102C 0909 Page 1of 1 | 2 |
Z4 ZURICH Important Notice to Arkansas Policyholders Inquiries concerning your policy should be directed to your insurance agent if one is involved at the name address and telephone number shown on the policy andor in the material accompanying the policy. If you have additional questions you may contact Zurich North America Commercial at the following address and telephone number Customer Inquiry Center Zurich North America Commercial 1299 Zurich Way Schaumburg IL 60196 1 800 382 2150 If you require additional information you may contact the Arkansas Insurance Department at either the following address or phone number Arkansas Insurance Department 1200 West Third Street Little Rock Arkansas 72201 1904 Telephone 501 371 2640 or 800 852 5494 U GU108 C 1109 Page 1of 1 | 2 |
Z4 ZURICH Ilinois Consumer Complaint Notice This notice is to advise you that should any complaints arise concerning this insurance you may contact the following Consumer Inquiry Center Zurich North America 1299 Zurich Way Schaumburg IL 60196 1056 The address of the consumer complaint section of the lllinois Department of Insurance is Illinois Department of Insurance Consumer Division Springfield IL 62767 U GU123H 0709 Page 10f 1 | 2 |
Z4 ZURICH Important Notice to Florida Policyholders In the event you need to contact someone about this policy for any reason please contact your agent. If you have additional questions you may contact the Zurich U.S. office at the following address and telephone number Customer Inquiry Center Zurich North America 1299 Zurich Way Schaumburg IL 60196 800 382 2150 If you have been unable to contact or obtain satisfaction from your agent or company you may contact the Florida Office of Insurance Regulation at Office of Insurance Regulation 200 East Gaines Street Tallahassee Florida 32399 850 413 3140 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. U GU395 D 0709 Page 10f 1 | 2 |
Z ZURICH Important Notice Texas Safety Consultation Services Zurich in North America has loss control services available at no additional charge. If you would like additional information regarding these services please contact us at the address or phone listed below. Zurich Services Corporation Risk Engineering 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 982 5964 By email risk.engineeringzurichna.com LC373 D TX 1117 Page 1 of 1 | 2 |
Z ZURICH Hlinois Civil Union Act Policyholder Notice On June 1 2011 Public Act 96 1513 the Religious Freedom Protection and Civil Union Act the Act became effective. Under the Act both same sex and opposite sex couples may enter into a civil union. A party to a civil union is entitled to the same legal obligations responsibilities protections and benefits as are afforded or recognized by the law of lllinois a spouse whether they derive from statute administrative rule common law or any other source of civil or criminal law. A marriage between persons of the same sex a civil union or a substantially similar legal relationship other than common law marriage legally entered into in another jurisdiction shall be legally recognized in lllinois as a civil union. CAUTION FEDERAL LAW RIGHTS MAY OR MAY NOT BE AVAILABLE llinois law grants parties to a civil union the same benefits protections and responsibilities that flow from marriage under state law. However some or all of the benefits protections and responsibilities related to health insurance that are available to married persons under federal law may not be available to parties to a civil union. For example the Employee Retirement Income Security Act of 1974 a federal law known as ERISA controls the employer employee relationship with regard to determining eligibility for enrollment in private employer health benefit plans. Because of ERISA Act 91 does not state requirements pertaining to a private employer s enrollment of a party to a civil union in an ERISA employee welfare benefit plan. However governmental employers not federal government are required to provide health benefits to the dependents of a party to a civil union if the public employer provides health benefits to the dependents of married persons. Federal law also controls group health insurance continuation rights under COBRA for employers with 20 or more employees as well as the Internal Revenue Code treatment of health insurance premiums. As a result parties to a civil union and their families may or may not have access to certain benefits under this policy contract certificate rider or endorsement that derive from federal law. You are advised to seek expert advice to determine your rights. U GU1110 B IL 1011 Pagel of 1 | 2 |
Z ZURICH Colorado Civil Union Act Policyholder Notice On January 1 2014 the Civil Union Act the Act becomes effective. Under the Act two persons of the same sex may enter into a civil union. A party to a civil union is entitled to the same legal obligations responsibilities protections and benefits as are afforded or recognized by the law of Colorado to a spouse whether they derive from statute administrative rule common law or any other source of civil or criminal law. The Act further provides that a party to a civil union shall be included in any definition or use of the term dependent family heir immediate family next of kin spouse and other terms that denote a familial or spousal relationship. A marriage between persons of the same sex a civil union domestic partnerships or a substantially similar legal relationship legally entered into in another jurisdiction shall be legally recognized in Colorado as a civil union. U GU1169 A CO 0613 Page I of 1 | 2 |
Z ZURICH Notification to Others of Cancellation Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part A. If we cancel this Coverage Parts by written notice to the first Named Insured for any reason other than nonpayment of premium we will mail or deliver a copy of such written notice of cancellation 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2. Atleast 10 days prior to the effective date of the cancellation as advised in our notice to the first Named Insured or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Parts by written notice to the first Named Insured for nonpayment of premium we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Persons Organizations Drsllzizg JEBRO INC. 2303 BRIDGEPORT DR. SIOUX CITY IOWA 5111 45 All other terms and conditions of this policy remain unchanged. 303 BRIDGEPORT DR. IOUX CITY IOWA 5111 nan nan nan nan 45.0 nan nan nan nan 45.0 U GL1446 A CW 0510 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or U GL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Broadened Named Insured 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. The following is added to Section Il Who Is An Insured 1. 3. Any current organization of yours other than a partnership joint venture or limited liability company which is not shown in the Declarations will qualify as a Named insured if a. Such entity has been incorporated or organized prior to the effective date of this policy under the laws of the United States of America including its territories and possessions Puerto Rico or Canada and b. You maintain ownership or majority interest in such organization as of the effective date of this Coverage Part. Coverage is afforded only until the 1g0th day after inception of our policy or the end of the policy period whichever is earlier unless you notify and provide information to us before the end of this timeframe as to the nature and operations of such organization. With regard to any terminated partnership or joint venture not shown in the Declarations you are an insured as respects the products completed operations hazard only for bodily injury or property damage arising out of such terminated partnership or joint venture. The insurance provided by this provision will not inure to the benefit of any party except you. To the extent only that coverage is provided in Paragraph A.2. above for organizations not shown in the Declarations the last sentence under Section Il Who Is An Insured does not apply. B. Paragraph 3. of Section Il Who Is An Insured is replaced by the following 3. Any organization you newly acquire or form during the policy period other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest in such organization 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 1g0th 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. C. Solely with respect to Paragraphs A. and B. of this endorsement the following is added to Paragraph b. Excess Insurance of Paragraph 4. Other Insurance under Section IV Commercial General Liability Conditions after Paragraphs ai through aiv b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis v Thatis or was purchased to insure UGL1518 A CW 0413 Page 1 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
aa Your participation in a partnership or joint venture which terminated or ended prior to the effective date of this policy or bb An organization not shown as a Named Insured at inception of our policy to the extent such organization is an insured as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. UGL1518 A CW 0413 Page 20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Policyholder Notice General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is a conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. Under Coverage B Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. U GL2110 A CW 0115 Page 10f 2 | 2 |
CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of any access to or disclosure of any person s or organization s confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. U GL2110 A CW 0115 Page 2 of 2 | 2 |
Employee Benefits Liability Occurrence Coverage Form Z ZURICH 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 seeking 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 Supplementary 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 10f4 | 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. Bankruptcy 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 mus 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 exci 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 us. 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 employee 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 simil 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 advertisement. 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 |
Fellow Employee Coverage Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL 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 |
Silica or Silica Mixed Dust Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or L costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U GL923 B CW 604 Page 1 of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Waiver Of Subrogation Blanket Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement which is executed before a loss to waive your rights of recovery from others we agree to waive our rights of recovery. 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. U GL925 B CW 1201 Page I of 1 | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART OCCURRENCE DECLARATIONS Policy Number GLO 3707241 17 Named Insured ECF INC. Policy Period Coverage begins 01 01 202C Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 01 01 2020 at1201 AM Coverageends 01 01 2021 at1201 AM Item 1. Limits of Insurance 2000000 Aggregate Limit 1000000 Each Act Error or Omission Limit Iltem 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 30 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 L of | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 3707241 17 ZURICH AMERICAN INSURANCE COMPANY Named Insured ECF INC. Policy Period Coverage begins 01 01 2020 at1201 AM. Coverageends 01 01 2021 at1201AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Business Description CONTRACTOR Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here NONE Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 32141.00 Other Premium 41.00 Total Premi COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 3707241 17 ZURICH AMERICAN INSURANCE COMPANY Named Insured ECF INC. Policy Period Coverage begins 01 01 2020 at1201 AM. Coverageends 01 01 2021 at1201AM. ENERAL AGGREGATE LIMIT ENERAL AGGREGATE LIMIT 2000000 RODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 ACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person ERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization 300000 Any one premises 10000 Any one person 1000000 Any one person or organization UGL D1115B CW 904 | 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 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 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 pbodily 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 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. 2 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 I 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 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 falling 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 i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location 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 i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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 monitori 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 behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 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.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD 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 Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 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 publishing or Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 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 fns.urance. 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 OIY for bond amounts within the appllqabe limit nursing and funeral services of insurance. We do not have to furnish these. bonds. 2. Exclusions N g 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. 955 of earnings 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 occupies. rent the 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 ronnrtad 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 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we wil pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Jy or control trol is being 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 damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 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 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. 2 4. 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 PEVPELLY 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 because of while rented while rented y you with e last preceding perio 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 That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner 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. i iil c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 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 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 fulfilling the terms of the contract or agreement. Wiy Gdeeiylivid 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 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. 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. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. 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. Leased worker means a person leased to you by 1 1 N 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. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers. 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 SN rearant s Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
1 14. 1 3. o However self propelled vehicles with the 16.Products completed operations hazard following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral 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.. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 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 bment. 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. TR dam or r wort 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 |
Policy Number GLO 3707241 17 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured ECF INC. Effective Date 01 01 20 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 COMPOSITE RATE UNIT OF EXPOSURE RESIDENTIAL BUILDING MEANS ANY SINGLE FAMILY DWELLING INCLUDING BUT NOT LIMITED TO HOUSES TOWN HOMES OR TOWNHOUSES OR ANY MULTI FAMILY DWELLING INCLUDING BUT NOT LIMITED TO CONDOMINIUMS COOPERATIVES DUPLEXES TRIPLEXES OR FOURPLEXES OR ANY STRUCTURE THAT COMBINES ANY OTHER USE WITH RESIDENTIAL DWELLINGS INCLUDING BUT NOT LIMITED TO THOSE LISTED IN 1. OR 2. ABOVE OR ANY OTHER STRUCTURE OR IMPROVEMENT WHICH IS ATTACHED TO OR ANCILLARY TO ANY STRUCTURE IDENTIFIED IN 1. 2. OR 3. ABOVE CONSTRUCTED RECONSTRUCTED REMODELED OR REPAIRED WITH THE INTENT THAT TITLE TO EACH INDIVIDUAL DWELLING OR DWELLING UNIT WILL BE TRANSFERRED SEPARATELY TO EACH OWNER. NOT WITHSTANDING THE ABOVE RESIDENTIAL BUILDING DOES NOT INCLUDE ANY STRUCTURE THAT FUNCTIONS AS APARTMENTS TIME SHARES A HOTEL A MOTEL A NURSING HOME AN ASSISTED LIVING SENIOR HOUSING CARE FACILITY A COLLEGE CAMPUS DORMITORY OR GOVERNMENT HOUSING ON MILITARY BASES. U GL1114 A CW 1002 U e GLO 3707241 17 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY ECF INC. ANY OTHER STRUCTURE OR IMPROVEMENT WHICH IS ATTACHED TO OR ANCILLARY TO ANY STRUCTURE IDENTIFIED IN 1. 2. OR 3. ABOVE ONSTRUCTED RECONSTRUCTED REMODELED OR REPAIRED WITH THE NTENT THAT TITLE TO EACH INDIVIDUAL DWELLING OR DWELLING UNIT ILL BE TRANSFERRED SEPARATELY TO EACH OWNER. OT WITHSTANDING THE ABOVE RESIDENTIAL BUILDING DOES NOT INCLUDE NY STRUCTURE THAT FUNCTIONS AS APARTMENTS TIME SHARES A HOTEL A OTEL A NURSING HOME AN ASSISTED LIVING SENIOR HOUSING CARE ACILITY A COLLEGE CAMPUS DORMITORY OR GOVERNMENT HOUSING ON ILITARY BASES. | 2 |
Z ZURICH Contractors Liability Supplemental Coverages And Conditions Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddL. Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part NON OWNED WATERCRAFT SCHEDULE Watercraft Length feet If no amount is shown above 51 feet applies. A. Non owned Watercraft Liability Extended Coverage Paragraph 2 of Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2 A watercraft you do not own that is a Less than the length shown in the Non Owned Watercraft Schedule of this endorsement and b Not being used to carry persons or property for a charge B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section Ill Limits Of Insurance. 2. The paragraph directly following Paragraph 6 in Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage to premises other than damage by specific perils including property damage to the contents of such premises rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section Ill Limits Of Insurance. 3. Paragraph 6. of Section lll Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by one or more specific perils to any one premises while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the insured contract definition under the Definitions Section is replaced by the following Fae U GL1060 E CW 0413 Page 10f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 specific perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract Paragraph ii under Paragraph 4.b.1 of the Other Insurance Condition under Section IV Commercial General Liability Conditions is replaced by the following i That is property insurance providing coverage for specific perils for premises rented to you or temporarily occupied by you with permission of the owner The following definitions are added to the Definitions Section Specific perils means fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment weight of snow ice or sleet or water damage. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C. Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in a written contract or written agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Additional Insured Managers Or Lessors Of Premises 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations that you have agreed in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership maintenance or use of that part of premises leased to you and subject to the following additional exclusions This insurance does not apply to a. Any occurrence which takes place after you cease to be a tenant in that premises. b. Structural alterations new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and U GL1060 E CW 0413 Page 2 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured State Or Governmental Agency Or subdivision Or Political Subd Authorizations 1. Section Il Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute ordinance or regulation to name as an additional insured subject to the following provisions a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. n Permits Or b. This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Personal And Advertising Injury Coverage Assumed Under Contract Or Agreement 1. Exclusion e. of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if U GL1060 E CW 0413 Page 3 0f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a The liability pertains to your business and is assumed in a contract or agreement that is an insured contract and b The personal and advertising injury occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability so assumed in such insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same contract or agreement and i Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this personal and advertising injury coverage only Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments Coverages A and B are replaced by the following d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee 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. Such payments will not be deemed to be damages for bodily injury property damage or personal and advertising injury and will not reduce the limits of insurance. G. Insured Contract Amendment Paragraph f. and f.1 through f.3 of the insured contract definition under the Definitions Section is replaced by the following f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for bodily injury property damage or personal and advertising injury 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 property damage or personal and advertising injury arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 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 4 That indemnifies a person or organization for personal and advertising injury a Arising out of advertising publishing broadcasting or telecasting done for you or on your behalf or b To an employee of such person or organization that does advertising publishing broadcasting or telecasting for you or on your behalf or 5 That indemnifies a labor leasing firm for bodily injury to leased workers. U GL1060 E CW 0413 Page 4 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
H. Medical Payments Increased Reporting Period Paragraph a. of Section Coverage C Medical Payments is replaced by the following a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within three years of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. I. Broad Bail Bond Coverage Paragraph 1.b. under Supplementary Payments Coverages A And B is replaced by the following b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. J. Amendment Duties In The Event of Occurrence Offense Claim or Suit 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 your officer manager partner or an employee authorized by you to give or receive such notice. Knowledge by employees other than your officer manager partner or employee authorized by you to give or receive such notice 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 your workers compensation carrier 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. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV Commercial General Liability Conditions is replaced by the following 6. 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. Coverage will continue to apply if you unintentionally 1 Fail to disclose all hazards existing at the inception of this policy or 2 Make an error omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing 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. L. Bodily Injury Redefined The bodily injury definition under the Definitions Section is replaced by the following U GL1060 E CW 0413 Page 5 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease.. Two Or More Of Our Coverage Parts Policies The following is added to Section Ill Limits of Insurance 1. Subject to Paragraph 2. or 3. above whichever applies if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same occurrence only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such occurrence. Subject to Paragraph 2. above if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply the most we will pay for all injury or damage because of bodily injury or property damage occurrences personal and advertising injury offenses and medical expenses is a. The single highest Coverage Part or policy General Aggregate Limit or b. The single highest Coverage Part or policy Products Completed Operations Aggregate Limit whichever applies whether such occurrence offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. Any existing provisions under Paragraph 4. Other Insurance under Section IV Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1. 2. and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part.. Your Work Redefined Paragraph a.1 of the your work definition under the Definitions Section is replaced by the following 22. Your work a. Means 1 Work or operations performed by you or on your behalf but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Declarations which terminated or ended prior to the effective date of this policy and All other terms and conditions of this policy remain unchanged. U GL1060 E CW 0413 Page 6 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1 of Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors 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. Named Insured ECF INC. Address including ZIP Code 1909 WESTGATE DR COLUMBIA IL 62236 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. However if you have entered into a construction contract or construction agreement with an additional insured person or organization the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to bodily injury property damage or personal and advertising injury covered under Section Coverage A Bodily Injury And Property Damage Liability and Section Coverage B Personal And Advertising Injury but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf and resulting directly from your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. C. However regardless of the provisions of Paragraphs A. and B. above 1. We will not extend any insurance coverage to any additional insured person or organization a. Thatis not provided to you in this policy or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of a. The Limits of Insurance provided to you in this policy or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional architectural engineering or surveying services including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. UGL1175E CW 0412 Page 1 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
E. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. Arequest for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. F. For the coverage provided by this endorsement 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is primary insurance as respects our coverage to the additional insured person or organization where the written contract or written agreement requires that this insurance be primary and non contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. Al other terms and conditions of this policy remain unchanged. UGL1175E CW 0412 Page 20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Additional Insured Owners Lessees Or Z Contractors Scheduled Person Or Organization ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured ECF INC. Address including ZIP Code 1909 WESTGATE DR COLUMBIA IL 62236 3835 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Covered Operations FLINT HILL RESOURCES LP U GL1177 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
A. Section Il Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to Iialility for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purpose of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1177 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Additional Insured Owners Lessees Or Z Contractors Scheduled Person Or Organization ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured ECF INC. Address including ZIP Code 1909 WESTGATE DR COLUMBIA IL 62236 3835 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Covered Operations KOCH PIPELINE COMPANY LP U GL1177 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
A. Section Il Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to Iialility for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purpose of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1177 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Illinois Exclusion of Waiver of Kotecki Cap Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. Named Insured Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to paragraph f. of SECTION V DEFINITION 9. Insured Contract Paragraph f. does not include that part of any contract or agreement 4 That waives the liability limit afforded under the lllinois Workers Compensation Act. Signed by Authorized Representative Date U GL1267 A IL 052006 Page 10f 1 | 2 |
Z ZURICH Limited Operations Coverage Work Excluded Under A Consolidated Wrap Up Insurance Program Policy No. Exp. Date of Pol. Ef. Date of End. Agency No. Addl. Prem. Return Prem. N N I E N THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured ECF INC. Address including ZIP Code 1909 WESTGATE DR COLUMBIA IL 62236 3835 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Description and Location of Operations ANY LOCATION WHERE THE INSURED HAS OR HAD OPERATIONS INSURED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The following exclusion is added to paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing opera tions or operations included within the products completed operations hazard at the location described in the SCHEDULE of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1. Provides coverage identical to that provided by this Coverage Part 2. Has limits adequate to cover all claims or 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE for your service maintenance correction repair or replacement of the original work performed and insured under the consolidated wrap up insurance program. U GL1294 A CW 1006 Page 10f 2 | 2 |
However this extension of coverage does not apply to damages because of bodily injury or property damage due to any service maintenance correction repair or replacement work 1. as respects the products completed operations hazard or 2. for which coverage is afforded under the consolidated wrap up insurance program. For the application of the coverage provided by this endorsement in paragraph B. above SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONSparagraph 4 Other Insurance is replaced by the following This insurance is excess over any other insurance whether primary excess contingent or on any other ba sis. If any other insurance responds or can respond to this loss we shall have the right but not the duty to defend any suit. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2. The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that may apply and that was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative U GL1294 A CW 1006 Page 20f 2 | 2 |
Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or substance containing lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1 | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3707241 17 01012020 01012021 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. C. Any other loss cost or expense ari Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or 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 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 g out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Premium And Reports Agreement Composite Rated Policies This endorsement modifies insurance provided under any of the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part Owners Contractors Protective Coverage Part Railroad Protective Coverage Part Schedule 1. Unit of Exposure Gross sales Area Gallons Each Rooms General Liability Payroll Admissions Units Rounds played Total Cost Total Operating Expenditures Occupied rooms Licensed Autos Workers Compensation Payroll Other 2. Coverage Description Unit of Exposure Rates Estimated Premiums WC PAYROLL PER 1000 1494000 21.20 31.673 WC PAYROLL NY 106.00 EBL FLAT CHARGE 150 ESTIMATED TERRORISM 1 318 ESTIMATED TAXES Add more rows as required 3. Deposit Premium 32.141 4. Minimum Premium 25.713 Condition 5 Premium Audit of Section IV Commercial General Liability Conditions is replaced by the following 5. Premium Audit a. We will compute all premiums for this Coverage Part according to our rules and the composite rates shown in the Schedule above or attached hereto. b. For policies other than Annual Reporting the deposit premium shown in the Schedule is due and payable on the first day of the policy period. The first Named Insured will pay within 20 days following the mailing or delivery of the statement of audited premium for each audit period the earned premium due. e Within 180 days after this Coverage Part expires we will conduct an audit which may not be waived. We will compute the earned premium for the policy period by multiplying the composite rate against the total developed exposure. If the earned premium is greater than the sum of the deposit and any interim adjustment premiums the first Named Insured will pay us the excess if less we will return the unearned portion to the first Named Insured. However the earned premium will not be less than the Minimum Premium as shown in the Schedule. d. 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.. The units of exposure shown in the Schedule are defined as follows Schedule U GL872 B CW 04 09 Page 1 of 2 | 2 |
10. 12 13. 14. 15. Admissions means the total number of persons other than employees of the named insured admitted to events conducted on the insured premises whether on paid admissions tickets complimentary tickets or pa Gallons means the total number of gallons of liquefied petroleum gasses invoiced on any basis whether or not the insured actually takes possession of such gases. to any customer Gross sales means gross sales invoiced before discounts but does not include taxes collected for any governmental unit. Licensed auto means the final average of the number of autos at policy inception and the number of autos at policy termination. Occupied rooms means the number of rooms actually rented during the policy year in a hotel or other place of lodging. General Liability payroll means total remuneration for all employees of the insured as defined in our rating manuals. Workers Compensation payroll means total remuneration for all employees of the insured as defined in our rating manuals. Rounds played means the number of both paid and gratuitous rounds of golf played on an 18 hole golf course during the policy year. Rounds that are less then 10 holes will be counted half round toward the total number of rounds of golf played. Each means the total number of exposure units as described in the exposure basis. Rooms mean the total number of rooms available for rent in a hotel or other place of lodging.. Total cost means the total cost of all work let or sublet in connection with each specified project including the cost of all labor material and equipment furnished used or delivered in the execution of the work however do not include the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and all fees bonuses or commissions made paid or due. Total Operating Expenditures means expenditures including grants entitlements and shared revenue without regard to source of revenue including accounts payable. Units means a single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. Area means the total number of square feet of floor space at the insured premises they occupy or lease to others. Other means the unit of exposure as defined in the Unit of Exposure Schedule of this endorsement Page 2 of 2 U GL872 B CW 04 09 | 2 |
COMMERCIAL GENERAL LIABILITY CG 017907 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph f.1ai under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following i Bodily injury or property damage 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. CG 0179 07 10 Insurance Services Office Inc. 2010 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 02000118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES CANCELLATION AND NONRENEWAL COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART. Cancellation Common Policy Conditions is replaced by the following Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing to us advance written notice of cancellation. 2. We may cancel this Policy by mailing to you at your last mailing address known to us written notice stating the reason for cancellation. Proof of mailing will be sufficient proof of notice. If we cancel a. For nonpayment of premium we will mail the notice at least 10 days prior to the effective date of cancellation. b. For a reason other than nonpayment of premium we will mail the notice at least 1 30 days prior to the effective date of cancellation if the Policy has been in effect for 60 days or less. 2 60 days prior to the effective date of cancellation if the Policy has been in effect for more than 60 days. 3. If this Policy has been in effect for more than 60 days we may cancel only for one or more of the following reasons a. Nonpayment of premium b. The Policy was obtained through a material misrepresentation c. Any insured has violated any of the terms and conditions of the Policy d. The risk originally accepted has measurably increased e. Certification to the Director of Insurance of the loss of reinsurance by the insurer that provided coverage to us for all or a substantial part of the underlying risk insured or f. A determination by the Director of Insurance that the continuation of the Policy could place us in violation of the insurance laws of this State.. Notification of cancellation will also be sent to your broker if known or agent of record if known.. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.. If this Policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund will be less than pro rata. The cancellation will be effective even if we have not offered a refund. c. Any insured has violated any of the terms and conditions of the Policy d. The risk originally accepted has measurably increased e. Certification to the Director of Insurance of the loss of reinsurance by the insurer that provided coverage to us for all or a substantial part of the underlying risk insured or f. A determination by the Director of Insurance that the continuation of the Policy could place us in violation of the insurance laws of this State.. Notification of cancellation will also be sent to your broker if known or agent of record if known.. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.. If this Policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund will be less than pro rata. The cancellation will be effective even if we have not offered a refund. CG 02000118 Insurance Services Office Inc. 2017 Page 1 of 2 | 2 |
B. The following is added and supersedes any provision to the contrary Nonrenewal If we decide not to renew or continue this Policy we will mail you written notice stating the reason for nonrenewal at least 60 days before the end of the policy period. Proof of mailing will be sufficient proof of notice. Notification of nonrenewal will also be sent to your broker if known or agent of record if known. If we offer to renew or continue and you do not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. If we fail to mail proper written notice of nonrenewal and you obtain other insurance this Policy will end on the effective date of that insurance. Page 2 of 2 Insurance Services Office Inc. 2017 CG 02000118 | 2 |
COMMERCIAL GENERAL LIABILITY CG 022003 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy 2 The policy was obtained by a material Condition is replaced by the following misstatement 2. Cancellation Of Policies In Effect 3 Failure to comply with underwriting requirements established by the insurer a. For 90 Days Or Less within 90 days of the effective date of If this policy has been in effect for 90 days coverage or less we may cancel this policy by mailing or delivering to the first Named 4 A substantial change in the risk covered Insured written notice of cancellation by the policy or accompanied by the reasons for 5 The cancellation is for all insureds under cancellation at least such policies for a given class of 1 10 days before the effective date of insureds. cancellation if we cancel for If we cancel this policy for any of these nonpayment of premium or reasons we will mail or deliver to the first Named Insured written notice of cancellation if we cancel for any other cancellaton k accompanied by the reasons reason except we may cancel for cancellation at least immediately if there has been a 10 days before the effective date of A material misstatement or cancellation if we cancel for misrepresentation or nonpayment of premium or b A failure to comply with the b 45 daysbelcre the effective date of underwriting requirements cancellation if we cancel for any 91 established by the insurer. the other reasons stated in b. For More Than 90 D Paragraph 2.b. For More Than ays B. Paragraph 3. of the Cancellation Common Policy If this policy has been in effect for more Condition is replaced by the following than 90 days we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 20 days before the effective date of 3. We will mail or deliver our notice to the first Named Insured at the last mailing address known to us. CG 02200312 Insurance Services Office Inc. 2011 Page 10f 2 | 2 |
C. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us we will mail the refund within 15 working days after the date cancellation takes effect unless this is an audit policy. If this is an audit policy then subject to your full cooperation with us or our agent in securing the necessary data for audit we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation then we shall accept your own audit and any premium refund due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective even if we have not made or offered a refund. D. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal accompanied by the reason for nonrenewal at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured at the last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Page 2of 2 Insurance Services Office Inc. 2011 CG 02200312 | 2 |
Z ZURICH Deductible Endorsement Occurrence Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem. I S N B 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 2. The terms of this Coverage Part apply regardless of added to the policy as respects the Employee Benefit Li the application of the deductible amount. This in ability Coverage Part cludes those terms with respect to Deductible 1000 a. Qur rigl s.md duties with respect to the de fense of suits and 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 b. The insured s duties in the event of an act er ror or omission or a claim or suit. only for the difference between such deductible 3. We may pay any part or all of the deductible amount and the amount of insurance otherwise ap amount to effect settlement of any claim or suit. plicable on a per act error or omission basis. The You shall promptly reimburse us for such part of Aggregate Limit will not be reduced by the appli the deductible amount as has been paid by us after cation of such deductible. 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 fense of suits and duties in the event of an act er on or a claim or suit. b. The insure ror or omiss We may pay any part or all of the deductible amount to effect settlement of any claim or You shall promptly reimburse us for such pan of the deductible amount as has been paid by us after we notify you of our action. U GL852 A CW 796 Page Lof | 2 |
POLICY NUMBER GLO 3707241 17 POLICY NUMBER GLO 3707241 17 COMMERCIAL GENERAL LIABILITY CG 02241093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CG 02241093 Copyright Insurance Services Office Inc. 1992 Page 10of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21080514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION COVERAGE B ONLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 210805 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Li ity 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 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in jury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrica tion preparation distribution and sale installa tion application maintenance or repair includ ing remodeling service correction or replacement of any exterior insulation and fin ish system or any part thereof or any substan tially similar system or any part thereof includ ing the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and fin ish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish sys tem and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the sub strate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 ISO Properties Inc. 2003 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Li ity and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities.. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG22790413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER GLO 3707241 17 POLICY NUMBER GLO 3707241 17 COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad IALL CONTRACTS FOR WORK DONE FOR RAILROADS AS REQUIRED BY WRITTEN ICONTRACT Designated Job Site If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec 1 That indemnifies an architect engineer or tion is replaced by the following surveyor for injury or damage arising out 9. Insured Contract means of Paragraph f. does not include that part of any contract or agreement a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or or ganization 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 d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification 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. a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. L CONTRACTS FOR WORK DONE FOR ILROADS AS REQUIRED BY WRITTEN INTRACT Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. ISO Properties Inc. 2000 Page 10f 1 o CG 24171001 | 2 |
POLICY NUMBER GLO 3707241 17 CYNUMBER GLO 3707241 17 COMMERCIAL GENERAL LIABILITY CG 2503 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS HOWEVER A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard 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 Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 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 Construction Project General Aggregate Limit. CG 2503 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 ongoing operations at a single designated construction project 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 Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il 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 2503 05 09 o | 2 |
POLICY NUMBER GLO 3707241 17 POLICY NUMBER GLO 3707241 17 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 EACH LOCATION OWNED BY OR LEASED TO THE NAMED INSURED Information required to complete this Schedule if not shown above will be shown in the Declarations. ACH LOCATION OWNED BY OR LEASED TO THE NAMED INSURED 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 Il 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 |
101 GL 0123923 02 VI Gk Viedd NO FLAT CANCELLATIONS Notice of Insurance Information Practices Argo Group US Inc. and each of its subsidiaries Argo Group recognizes the importance of maintaining the privacy of our customers and their personal information. We take seriously the responsibility that accompanies our collection and use of your personal information. Argo Group protects the privacy and security of our customers and their personal information as required by applicable privacy and security laws. This Notice of Insurance Information Practices Insurance Privacy Notice provides notice of our information practices to all applicants policyholders and where applicable claimants in connection with our insurance transactions. It supplements the privacy and security provisions contained in Argo Group s Global Privacy Notice which is located at www.argolimited.comprivacypolicy. This Insurance Privacy Notice applies to all companies and business produced or underwritten within Argo Group and complies with the requirements of the Gramm Leach Bliley Act GLBA and any federal and state privacy and security laws and regulations applicable to insurance transactions. You are receiving this Insurance Privacy Notice with respect to your relationship with Argo Group and one or more of the subsidiaries listed below. Information Collection and Use To conveniently and effectively provide and senvice the insurance products we sell we may collect and use your personal information including information that may be considered nonpublic personal information under applicable privacy and security laws. This personal information may include identifiers financial and insurance underwriting information financial and account information and information considered protected classifications under applicable privacy and security laws. More information on the specific personal information we may collect and how we might use it is available in our Global Privacy Notice referenced above. Information Sharing and Disclosure Applicable laws impose certain obligations upon third parties and organizations with which we share personal information. Accordingly we prohibit the unauthorized disclosure of personal information except as legally required or permitted. Argo Group does not rent sell or share your personal information with nonaffiliated third parties except that Argo Group may share personal information with nonaffiliated third parties to the extent necessary in furtherance of the applicable insurance transaction including third party contractors. These third parties are prohibited from using the information for purposes other than performing services for Argo Group. Argo Group may disclose your information to third parties when obligated to do so by law and to investigate prevent or act regarding suspected or actual prohibited activities including but not limited to fraud and situations involving the security of our operations and employees. In certain instances you may share your information with a third party directly and that information may be subject to that party s applicable security and privacy policies. Finally Argo Group may transfer your personal information to a successor entity in connection with a corporate merger consolidation sale of all or a portion of its assets bankruptcy or other corporate change. Security We implement technical and organizational security measures designed to secure and protect personal information. Please note however we can not fully eliminate security risks associated with the storage and transmission of personal information. To protect the confidentiality and integrity of your personal information we limit access to personal information by only allowing authorized personnel to have access to such information. We maintain physical electronic and procedural security protections to safeguard the nonpublic personal information in our records. Documents that contain an individual s personal information are appropriately destroyed or deleted before disposal Argo Group maintains security measures to protect the loss misuse and alteration of the information under our control. Our hardware infrastructure is housed in a controlled access facility that restricts access to authorized individuals. The network infrastructure is protected by a firewall and traffic is monitored and logged on the firewall and servers. Sensitive administrative activities are carried out over secure encrypted links between our offices and hosting PrivacyNotice0820 Page 1 of 2 | 2 |
101 GL 0123923 02 facility. Administrative access is limited to authorized employees including specific remote administration protocols and IP addresses. All employees with access to personal information have been advised of Argo Group s security policies and practices and receive regular training regarding these policies and practices. Any Argo Group employee who becomes aware of the inappropriate use or disclosure of your nonpublic personal information is expected and required to immediately report such behavior to Argo Group s Data Protection Officer. Contact Us If you have any questions about this Insurance Privacy Notice our Global Privacy Notice or our privacy and security practices please contact Data Protection Officer privacy argogroupus.com Argo Group International Holdings Ltd. P.O. Box 469011 San Antonio TX 78246 800 470 7958 Note Argo Group is the parent of Argonaut Insurance Company Argonaut Midwest Insurance Company Argonaut Great Central Insurance Company ARIS Title Insurance Corporation Colony Insurance Company Colony Specialty Insurance Company Peleus Insurance Company Rockwood Casualty Insurance Company Somerset Casualty Insurance Company Central Insurance Management Inc. Alteris Insurance Senices Inc. Trident Insurance Senvices LLC and Argonaut Management Senvices Inc. This Privacy Policy applies to all companies and business produced or underwritten within Argo Group. This policy is issued by an insurer not authorized to do business in Kansas and as such the form financial condition and rates are not subject to review by the Commissioner of Insurance and the insured is not protected by the guaranty PrivacyNotice0820 Page 2 of 2 | 2 |
101 GL 0123923 02 COMMON POLICY DECLARATIONS COLONY INSURANCE COMPANY POLICY NUMBER 101 GL 0123923 02 8720 STONY POINT PARKWAY SUITE 400 RENEWAL OF 101 GL 0123923 01 RICHMOND VA 23235 1. NAMED INSURED AND MAILING ADDRESS PRODUCER 0010362 Village West Association Inc. RT SPECIALTY A DIV OF RSG 4717 Central SPECIALTY LLC PA PITTSBURGH C O Legacy Development LLC 20 Stanwix St Suite 702 Kansas City MO 64112 Pittsburgh PA 15222 2. POLICY PERIOD From 05292021 to 05292022 1201 A.M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL OF THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. 3. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PARTS PREMIUM Commercial General Liability 7231.00 Liquor Liability NOT COVERED Commercial Property NOT COVERED Commercial Crime NOT COVERED Commercial Inland Marine NOT COVERED Commercial Farm and Ranch NOT COVERED Owners and Contractors Protective NOT COVERED Premium Charge for Certified Acts of Terrorism Coverage 100.00 Fully Earned Total Premium 7331.00 Brokerage Fee 150.00 Surplus Lines Tax 448.86 Premium shown is payable at inception. Total 7929.86 oUurpius Lines fax 440.00 Premium shown is payable at inception. Total 7929.86 4. FORMS APPLICABLE TO ALL COVERAGES See Schedule of Forms and Endorsements U001 5. BUSINESS DESCRIPTION See form U992 This policy is issued by an insurer not authorized to do business in Kansas and as such the form financial condition and rates are not subject to review by the commissioner of insurance and the insured is not protected by any guaranty fund. SL License Number 2180561 g By RT SPECIALTY A DIV OF RSG SPECIALTY LLC PA PITTSBURGH Authorized representative Countersigned 06172021 Date Includes copyrighted material of Insurance Services Offce Inc. with its permission. Copyright Insurance Services Offce Inc. 1994 DCJ6550 1114 | 2 |
101 GL 0123923 02 U001 1004 Insured Policy Number Village West Association Inc. 101 GL 0123923 02 U001 1004 SCHEDULE OF FORMS AND ENDORSEMENTS Forms and Endorsements applying to and made part of this policy at the time of issuance NUMBER TITLE FORMS APPLICABLE PRIVACYNOTICE0820 DCJ6550 1114 U001 1004 1L0017 1198 1L0021 0908 ILP001 0104 SIGCIC0817 U002A0916 U094 0415 U985 0916 FORMS APPLICABLE UCG2171 0115 FORMS APPLICABLE DCJ6553CN0713 CG0001 0413 CG2109 0615 CG2141 1185 CG2144 0417 CG2149 0999 CG2167 1204 CG2196 0305 U006 0511 U018 0520 U032 0310 U048 0310 U060 0413 U073A0815 uU087 0116 U1010 0819 U1020 0519 U1039A0820 U253 0517 U265 0116 U266 0510 U466 0212 U467 0212 U684 0511 U730 0212 U992 0617 FORMS APPLICABLE U651 1010 U941 0815 POLICY COMMON FORMS NOTICE OF INSURANCE INFORMATION PRACTICES COMMON POLICY DECLARATIONS SCHEDULE OF FORMS AND ENDORSEMENTS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS SIGNATURE PAGE MINIMUM EARNED PREMIUM SERVICE OF SUIT PREMIUM AND AUDIT TERRORISM LIMITED TERRORISM EXCLUSION OTHER THAN CERTIFIED ACTS OF TERRORISM GENERAL LIABILITY COMMERCIAL CGL DECLARATIONS COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCLUSION UNMANNED AIRCRAFT EXCLUSION INTERCOMPANY PRODUCTS SUITS LIMITATION OF COVERAGE TO DESIGNATED PREMISES PROJECT OR OPERATION TOTAL POLLUTION EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION SILICA OR SILICA RELATED DUST EXCLUSION EXCLUSION ASSAULT BATTERY OR ASSAULT AND BATTERY EXCLUSION COMMUNICABLE DISEASE VIRUS OR BACTERIA DOG EXCLUSION EMPLOYMENT RELATED PRACTICES EXCLUSION EXCLUSION FARMING EXCLUSION CONTINUOUS PROGRESSIVE OR REPEATED BODILY INJURY OR PROPERTY DAMAGE TOTAL LIQUOR LIABILITY EXCLUSION EXCLUSION CYBER INJURY ELECTRONIC DATA AND CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSION OPIOIDS EXCLUSION ANY RESIDENTIAL CONSTRUCTION EXCLUSION SUBSIDENCE EXCLUSION PROFESSIONAL SERVICES EXCLUSION USLH JONES ACT OR OTHER MARITIME LAWS EXCLUSION LEAD EXCLUSION ASBESTOS EXCLUSION ABUSE OR MOLESTATION EXCLUSION BENZENE BUSINESS DESCRIPTION AND CLASSIFICATION LIMITATION CYBER SUITE IDENTITY RECOVERY COVERAGE CYBERONE COVERAGE COMPUTER ATTACK AND NETWORK SECURITY LIABILITY el 1o i | 2 |
101 GL 0123923 02 U001 1004 NUMBER TITLE U943 0815 DATA COMPROMISE COVERAGE FORMS APPLICABLE STATE SPECIFIC UIL0261 0702 KANSAS CHANGES CANCELLATION AND NONRENEWAL | 2 |
101 GL 0123923 02 IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal represen tative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 a | 2 |
101 GL 0123923 02 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom tion Mutual Atomic Energy Liability 2 The nuclear material is contained in Underwriters Nuclear Insurance Associa spent fuel or waste at any time pos tion of Canada or any of their successors sessed handled used processed stored or would be an insured under any such pol transported or disposed of by or on behalf icy but for its termination upon exhaustion of an insured or of its limit of liability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. expenses incurred with respect to bodily in Nuclear material means source material spe jury resulting from the hazardous properties cial nuclear material or by product material. of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 a | 2 |
101 GL 0123923 02 Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
101 GL 0123923 02 IL P 001 0104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treas ury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 0104 ISO Propertties Inc. 2004 Page 1 of 1 | 2 |
101 GL 0123923 02 SIGNATURE PAGE IN WITNESS WHEREOF the company issuing this policy has caused this policy to be signed by its President and its Secretary and countersigned if required on the Declarations page by a duly authorized representative of the company. This endorsement is executed by the company stated in the Declarations. Colony Insurance Company Lo Secretary President SIGCIC 0817 Argo Group Page 1of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM The following additional policy Condition supersedes any other policy Condition regarding a minimum earned premium for this policy Policy Premium And Minimum Earned Premium 1. Policy Premium is the sum of the following a. The Total Policy Premium or Minimum Premium At Audit if applicable as shown in the Common Policy Declarations plus b. Any premium adjustment by endorsement plus c. Any premium adjustment developed by audit if applicable. 2. The policy earned premium is the sum of the following a. The amount of Policy Premium not designated as fully earned premium at inception or by endorsement calculated for the policy period that has been earned based on the ratio of the time passed on the policy to the effective date of the policy plus b. Any Policy Premium that is designated as fully earned premium at inception or by endorsement. 3. If you cancel this policy the return premium will be 90 of the unearned premium. However as a minimum earned premium we will retain no less than 25 of the Policy Premium. 4. If we cancel the policy for a. non payment of premium b. any of the reasons stated in a cancellation endorsement that provide a 10 day notice or c. any of the reasons stated in an amendatory state specific cancellation endorsement up to and including a 30 day notice the earned premium will be computed pro rata based on the length of the cancelled policy term. However as a minimum earned premium we will retain no less than 25 of the Policy Premium. 5. If we cancel the policy for any reason other than those identified in Paragraph 4. above the earned premium will be computed pro rata based on the length of the cancelled policy term and the minimum earned premium as stated in Paragraph 4. above shall not apply. 6. Any unearned premium will be returned as soon as practicable. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U002A0916 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT If service of process is to be made upon the Company by way of hand delivery or courier service delivery should be made to the Company s principal place of business Claims Manager Colony Insurance Company Colony Specialty Insurance Company or Peleus Insurance Company 8720 Stony Point Parkway Suite 400 Richmond Virginia 23235 If service of process is to be made upon the Company by way of the U.S. Postal Service the following mailing address should be used General Counsel Colony Insurance Company Colony Specialty Insurance Company or Peleus Insurance Company P.O. Box 469011 San Antonio Texas 78246 Where required by statute regulation or other regulatory directive the Company appoints the Commissioner of Insurance or other designee specified for that purpose as its attorney for acceptance of service of all legal process in the state in any action or proceeding arising out of this insurance. The Commissioner or other designee is requested to forward process to the Company as shown above or if required in his her particular state to a designated resident agent for service of process. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U094 0415 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AND AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5. Premium Audit SECTION IV CONDITIONS 10. Premium Audit within the Owners And Contractors Protective Liability Coverage Form SECTION IV PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS 5. Premium Audit and SECTION IV CONDITIONS 7. Premium And Premium Audit within the Railroad Protective Liability Coverage Form are deleted and replaced with the following a. We will compute all premiums for this Coverage Part in accordance with our rules rates rating plans premiums and minimum premiums. b. This policy is subject to audit. c. The premium shown in the Declarations as the Total Premium For This Coverage Part is an estimated advance premium only which shall be credited to the amount of the earned premium due at the end of each audit period. The estimated advance premium is determined based on an estimate of your exposures for the policy period. d. At the close of each audit period or part thereof terminating with the end of the policy period as shown in the Declarations we may conduct an audit of your books and records to determine the actual earned premium developed during the audit period. e. The calculation of this earned premium will be based on the elements e.g. premium basis rates class codes as shown in the Declarations. We will compute the earned premium for that audit period based on the exposures determined by audit. f. If the calculated earned premium is greater than the deposit premium previously paid you will be billed an additional earned premium for the difference. If the calculated earned premium is less than the deposit premium previously paid then we shall receive and retain no less than 100 of the policy earned premium. g. The due date for additional eamed premium developed by audit is the date shown as the due date on the bill. We will send notice to the first Named Insured. Failure to pay the additional earned premium due will be deemed a breach of contract and at our sole discretion may subject this policy as well as any other policy of yours in force to cancellation for non payment of premium. h. Should it become necessary to institute collection activities including litigation in order to collect any earned premium then you shall be responsible for 100 of the expenses fees and costs incurred by us in that regard plus any collectible interest. i. 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. These records include but are not limited to ledgers journals registers vouchers contracts tax reports and payroll and disbursement records. Failure to supply such records upon request will be deemed a breach of policy conditions and at our sole discretion may subject this policy as well as any other policy of yours in force to cancellation for breach of policy conditions. We may examine your books and records at any time during the policy period or within three 3 years of the expiration of this policy. j. If after three 3 documented attempts we are unable to examine your books and records to obtain the information required to complete the audit the audit will be deemed unproductive and we will U985 0916 Page 1 of 2 | 2 |
101 GL 0123923 02 complete an estimated audit using an increase of 25 in your estimated exposures. Documentation on our attempts to collect the required audit information will be made available to you and provided upon request.. You may dispute the audit within fourteen 14 days of receiving the audit endorsement or other notice regarding the premium adjustment amount by providing us with copies of the information we need for premium computation. Failure to dispute the audit endorsement or other notice regarding the premium adjustment amount within fourteen 14 days shall be deemed as your agreement with the audit endorsement or other notice regarding the premium adjustment amount. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U985 0916 Page 2 of 2 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED TERRORISM EXCLUSION OTHER THAN CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. The following exclusion is added TERRORISM AND PUNITIVE DAMAGES This insurance does not apply to any injury or damage arising directly or indirectly out of 1 An other act of terrorism including any action taken in hindering or defending against an actual or expected incident of an other act of terrorism or 2 Any act of terrorism a that involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or b that is carried out by means of the dispersal or application of pathogenic or poison ous biological or chemical materials or c in which pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage in 1 or 2 above including 3 Damages arising directly or indirectly out of 1 or 2 above that are awarded as puni tive damages. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. C. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. D. The following definitions are added to the DEFINITIONS Section 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 any damage bodily injury property damage personal and advertising injury injury or envi ronmental damage as may be defined in any applicable Coverage Part. UCG2171 0115 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 2 | 2 |
101 GL 0123923 02 Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accord ance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursu ant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of ter rorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian pop ulation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Other act of terrorism means a violent act or an act that is dangerous to human life property or in frastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terror ism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UCG2171 0115 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
101 GL 0123923 02 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS This coverage part consists of this Declarations form the Common Policy Conditions the Commercial General Liability Coverage Form and the endorsements indicated as applicable. POLICY NUMBER 101 GL 0123923 02 NAMED INSURED Village West Association Inc. LIMITS OF INSURANCE General Aggregate Limit Other Than Products Completed Operations 2000000 Products Completed Operations Aggregate Limit Included Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit 100000 Any One Premises Medical Expense Limit 5000 Any One Person RETROACTIVE DATE CG 00 02 only Coverage A of this insurance does not apply to bodily injury or property damage which occurs before Retroactive Date if any shown below. Retroactive Date Enter Date or None if no Retroactive Date Applies Location of All Premises You Own Rent or Occupy Same as Item 1 unless shown below 1. Vacant Land Kansas City Wyandotte KS 66111 ADVANCE PREMIUM CLASSIFICATION CODE NO. PREMIUM BASIS RATE PR CO ALL OTHER Vacant Land Other Than Not For Profit 49451 400 Acres 3.19 Included 1276.00 Subtotal 1276.00 Minimum Premium for the line of business 7000.00 Cyber Suite Coverage B6900A 231.00 TOTAL PREMIUM FOR THIS 7231.00 COVERAGE PART rations Aggregate Limit jury Limit nted To You Limit e i ik N e D P FORMS ENDORSEMENTS APPLICABLE SEE FORM U001 SCHEDULE OF FORMS AND ENDORSEMENTS FORM OF BUSINESS Cooperatives Audit Period Annual unless otherwise stated Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance ServicesOffice Inc. 1984 DCJB553CN 07 13 | 2 |
101 GL 0123923 02 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 Il Limits Of Insurance and 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 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. 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. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
101 GL 0123923 02 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 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. b 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 faiing 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 |
101 GL 0123923 02 f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
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