text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
101 GL 0123923 02 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 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 The operation of any of the machinery or equipment listed in Paragraph f.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 b 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
101 GL 0123923 02 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section I Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Dis ion Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
101 GL 0123923 02 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section 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. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
101 GL 0123923 02 i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infingement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
101 GL 0123923 02 COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the operations hazard. products completed. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. All reasonable expenses. Prejudgment All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
101 GL 0123923 02 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. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 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 o b c 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. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 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. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
101 GL 0123923 02 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 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 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. b 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 Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
101 GL 0123923 02 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy 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 claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 2 4 CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
101 GL 0123923 02 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. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i 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 Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 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 |
101 GL 0123923 02 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 ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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. 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.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
101 GL 0123923 02 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement 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 b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. o 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
101 GL 0123923 02 13. 14. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 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 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. c CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
101 GL 0123923 02 As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
101 GL 0123923 02 COMMERCIAL GENERAL LIABILITY CG 210906 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft Auto Or Watercraft under This Paragraph g.2 applies even if the Section Coverage A Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following supervision hiring employment training or monitoring of others by that insured if o X the occurrence which caused the This insurance does not apply to bodily injury or property damage g. Aircraft Auto Or Watercraft involved the ownership maintenance. use or entrustment to others of any 1 Unmanned Alrcraft aircraft other than unmanned aircraft 2. Exclusions Bodily injury or property damage auto or watercraft that is owned or arising out of the ownership operated by or rented or loaned to any maintenance use or entrustment to insured. others of any aircraft that is an unmanned aircraft. Use includes This Paragraph g.2 does not apply to operation and loading or unloading. a A watercra while ashore on This Paragraph g.1 applies even if the premises you own or rent claims against any insured allege b A watercraft you do not own that is negligence or other wrongdoing in the i Less than 26 feet long and supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the ii Not being used to carry persons or property for a charge bodily injury or property damage c Parking an auto on or on the ways involved the ownership maintenance next to premises you own or rent use or entrustment to others of any provided the auto is not owned by aircraft that is an unmanned aircraft. or rented or loaned to you or the 2 Aircraft Other Than Unmanned insured Aircraft Auto Or Watercraft d Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Paragraph g.2 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 other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is Less than 26 feet long and ii Not being used to carry persons or property for a charge c 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 d Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or CG 2109 06 15 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
101 GL 0123923 02 e Bodily injury or property damage arising out of i 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 ii The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Insurance Services Office Inc. 2014 CG 2109 06 15 | 2 |
101 GL 0123923 02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CG 21411185 Copyright Insurance Services Office Inc. 1984 Page 1 of 1 m | 2 |
101 GL 0123923 02 POLICY NUMBER 101 GL 0123923 02 POLICY NUMBER 101 GL 0123923 02 COMMERCIAL GENERAL LIABILITY CG 21440417 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES PROJECT OR OPERATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises Vacant Land Kansas City KS 66111 Project Or Operation Information required to complete this Schedule if not shown above will be shown in the Declarations. If this endorsement is attached to Commercial General Liability Coverage Form CG 00 01 the provisions under this Paragraph A. apply 1. Paragraph 1.b. under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following b. This insurance applies to bodily injury and property damage caused by an occurrence that takes place in the coverage territory only if 1 The bodily injury or property damage a Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or b Arises out of the project or operation shown in the Schedule 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Paragraph 1.b. under Section Coverage B Personal And Advertising Injury Liability is replaced by the following b. This insurance applies to personal and advertising injury caused by an offense committed in the coverage territory but only if 1 The offense arises out of your business a Performed on the premises shown in the Schedule or CG 21440417 Insurance Services Office Inc. 2016 Page 1 0of 3 | 2 |
101 GL 0123923 02 b In connection with the project or operation shown in the Schedule and 2 The offense was committed during the policy period. However with respect to Paragraph 1.b. 1a of this Insuring Agreement if the personal and advertising injury is caused by 1 False arrest detention or imprisonment or 2 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor then such offense must arise out of your business performed on the premises shown in the Schedule and the offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. Paragraph 1.a. under Section Coverage C Medical Payments is replaced by the following We will pay medical expenses as described below for bodily injury caused by an accident that takes place in the coverage territory if the bodily injury 1 Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or 2 Arises out of the project or operation shown in the Schedule provided that a The accident takes place during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. If this endorsement is attached to Commercial General Liability Coverage Form CG 00 02 the provisions under this Paragraph B. apply Paragraph 1.b. under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 1. b. This insurance applies to bodily injury and property damage caused by an occurrence that takes place in the coverage territory only if 1 The bodily injury or property damage a Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or b Arises out of the project or operation shown in the Schedule 2 The bodily injury or property damage did not occur before the Retroactive Date if any shown in the Declarations or after the end of the policy period and 3 A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph 1.c. of this Insuring Agreement during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Periods. Paragraph 1.b. under Section Coverage B Personal And Advertising Injury Liability is replaced by the following b. This insurance applies to personal and advertising injury caused by an offense committed in the coverage territory but only if 1 The offense arises out of your business a Performed on the premises shown in the Schedule or b In connection with the project or operation shown in the Schedule 2 The offense was not committed before the Retroactive Date if any shown in the Declarations or after the end of the policy period and CG 21440417 Insurance Services Office Inc. 2016 Page 2 of 3 | 2 |
101 GL 0123923 02 3 A claim for damages because of the personal and advertising injury is first made against any insured in accordance with Paragraph 1.c. of this Insuring Agreement during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Periods. However with respect to Paragraph 1.b.1a of this Insuring Agreement if the personal and advertising injury is caused by 1 False arrest detention or imprisonment or 2 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor then such offense must arise out of your business performed on the premises shown in the Schedule and the offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. Paragraph 1.a. under Section Coverage C Medical Payments is replaced by the following a. We will pay medical expenses as described below for bodily injury caused by an accident that takes place in the coverage territory if the bodily injury 1 Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises or 2 Arises out of the project or operation shown in the Schedule provided that a The accident takes place during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. CG 21440417 Insurance Services Office Inc. 2016 Page 3 of 3 | 2 |
101 GL 0123923 02 COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec 2 Any loss cost or expense arising out of any tion Coverage A Bodily Injury And Property a Request demand order or statutory or Damage Liability is replaced by the following regulatory requirement that any insured or This insurance does not apply to others test for monitor clean up remove f. Pollution contain treat detoxify or neutralize or in o N. any way respond to or assess the effects 1 Bodily injury or property damage which of pollutants or would not have occurred in whole or part but. N for the actual alleged or threatened discharge b Claim or suit py or on behalf of a govern dispersal seepage migration release or es ea authorlty fqr damaggs because of cape of pollutants at any time. estmg fm T 9v cleanlng up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CG 2149 09 99 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 2 |
101 GL 0123923 02 COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
101 GL 0123923 02 COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil ica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. ica Related Dust B. The following excluslon is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Def tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or com bination of silica and other dust or particles. Page 1 of 1 a CG 21 96 03 05 ISO Properties Inc. 2004 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASSAULT BATTERY OR ASSAULT AND BATTERY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTIONI COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended to include the following Assault Battery or Assault and Battery This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1 Assault Battery or Assault and Battery caused directly or indirectly by you any insured any person any entity or by any means whatsoever 2 the failure to suppress or prevent Assault Battery or Assault and Battery by you any insured any person any entity or by any means whatsoever 3 the failure to provide an environment safe from Assault Battery or Assault and Battery 4 the failure to warn of the dangers of the environment which could contribute to Assault Battery or Assault and Battery 5 Assault Battery or Assault and Battery arising out of the negligent employment investigation hiring supervision training or retention of any person 6 the use of any force to protect persons or property whether or not the bodily injury property damage or personal and advertising injury was intended from the standpoint of you any insured or any person or committed by or at the direction of you any insured or any person 7 the failure to render or secure medical treatment or care necessitated by any Assault Battery or Assault and Battery or 8 death including any allegations of wrongful death arising out of items 1 through 7 listed above. B. The DEFINITIONS Section is amended to include the following Assault means a. an intentional or unintentional act including but not limited to sexual abuse sexual assault intimidation sexual harassment verbal abuse or any threatened harmful or offensive contact between two or more persons creating an apprehension in another of immediate harmful or offensive contact or b. an attempt to commit a Battery. Battery means an intentional or unintentional act including but not limited to sexual abuse sexual battery sexual molestation or any actual harmful or offensive contact between two or more persons which brings about harmful or offensive contact to another or anything connected to another. Assault and Battery means the combination of an Assault and a Battery. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U006 0511 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COMMUNICABLE DISEASE VIRUS OR BACTERIA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of both Section Coverage A Bodily Injury And Property Damage Liability and Section Il Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Communicable Disease Virus Or Bacteria Bodily injury property damage or personal and advertising injury arising out of any actual or alleged a. Communicable disease or b. Virus bacterium or other microorganism that induces or is capable of inducing physical distress illness or disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervision hiring employment training or monitoring of others b. Testing for any communicable disease virus bacterium or other microorganism c. Failure to prevent the spread of any communicable disease virus bacterium or other microorganism or d. Failure to report any communicable disease virus bacterium or other microorganism to authorities. This exclusion does not apply to any bacteria that are are on or are contained in a good or product intended for bodily consumption. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U018 0520 Page 1of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DOG EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended and the following added Liability for Dogs This insurance does not apply to bodily injury or property damage arising out of 1 The actions of a dog either on or off the premises of the owner keeper or harborer or 2 The failure by any person to keep a dog restrained b securely confined c securely tethered to the ground or a stationary object or fixture d controlled by a person who is of suitable age and discretion e muzzled. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U032 0310 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 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 SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added Employment Related Practices This insurance does not apply to bodily injury or personal and advertising injury to 1 a person arising directly or indirectly out of any a refusal to employ that person b termination of that person s employment or c employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation assault battery discrimination malicious prosecution or abuse including sexual abuse directed at any person or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury or 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 1 a b or c above occurs before employment during employment or after employment of that person 2 whether the insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay damages because of the injury. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U048 0310 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FARMING This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended and the following are added Farm Premises and Operations This insurance does not apply to bodily injury or property damage arising out of 1 the ownership maintenance use or rental by an insured of a farm premises that is not used for farming 2 ownership use or maintenance of a equipment under contract to others for a charge or b animals. 3 any substance released or discharge from any aircraft 4 the insured s performance or failure to perform farming operations for others for a charge under contract or agreement 5 the ownership storage use or application of herbicides insecticides pesticides or biological agents 6 the ownership storage use sale distribution or application of genetically altered seeds or crops or 7 fire heat fumes chemicals or smoke arising out of farming operations. B. SECTION COVERAGES COVERAGE C MEDICAL PAYMENTS 2. Exclusions is amended and the following added Farm Workers We will not pay damages or expenses for bodily injury to a person arising directly or indirectly out of farming injured on the farm premises. C. SECTION V DEFINITIONS is amended and the following definitions are added 1. Farming which includes ranching means a. the growing and marketing of 1 field crops fruits mushrooms nuts or vegetables. 2 flowers greenhouse or nursery stock or sod. 3 trees. b. the raising or keeping of bees animals for pets livestock poultry or worms. aquaculture including the cultivation of the natural products of water such as fish and shellfish. the operation of roadside stands maintained for the sales of produce grown or product raised on your farm premises. Farming does not mean the operation or use of commercial feed lots meatpacking or slaughtering facilities. 2. Farm premises means the location owned maintained used or rented by any insured for farming. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U060 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTINUOUS PROGRESSIVE OR REPEATED BODILY INJURY OR PROPERTY DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement applies to all work or that part of any work performed by the Named Insured or on their behalf in all states except the state of Colorado. A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended and the following is added This insurance does not apply to Continuous Progressive or Repeated Bodily Injury or Property Damage bodily injury or property damage including any continuous or progressively deteriorating or repeated bodily injury or property damage that first occurs 1. prior to the effective date of this policy and continues during the policy term or 2. prior to the effective date of this policy continues during the policy term and ends after the expiration date of this policy. This exclusion applies regardless of whether such bodily injury or property damage is known or unknown by any Insured. However this exclusion does not apply to bodily injury or property damage including continuous or progressively deteriorating or repeated bodily injury or property damage that first occurs during the policy term and ends after the expiration date of this policy. B. SECTION V DEFINITIONS is amended and the following added Insured means any person or organization qualifying as an insured under SECTION Il WHO IS AN INSURED along with either any additional named insured or additional insured whether added to this policy by endorsement or otherwise. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U073A0815 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions c. and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions c. are deleted and replaced with the following This insurance does not apply to c. Liquor Liability bodily injury or property damage arising from alcoholic beverages for which any insured may be held liable by reason of 1 causing or contributing to the intoxication of any person 2 the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a the supervision hiring employment training or monitoring of others by that insured or b providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. uU087 0116 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CYBER INJURY ELECTRONIC DATA AND CONFIDENTIAL OR PERSONAL INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. The exclusion below is added for all coverages with the exception of any Medical Payments coverage and replaces the existing Ele ctronic Data exclusion under Paragraph 2. Exclusions in the following Coverage Parts COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance does not apply to Cyber Injury Electronic Data And Confidential Or Personal Information Damages loss costs and expenses including all fines and penalties arising out of 1 Cyber injury 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data 3 Any access to or loss destruction disclosure disruption inspection modification recording release review use collection processing or storage of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information biometric or health information or any other type of nonpublic information or 4 Any claim suit or other legal proceeding administrative action or hearing arising out of Paragraphs 1 through 3 above including but not limited to those initiated prior to or pending as of the inception date of this policy. B. The following definitions are added with respect to the provisions of this endorsement Cyber injury means any actual alleged or suspected intentional or unintentional breach of or unauthorized access to any data software hardware or computer system wherever located that resultsin a. Oral or written publication in any manner of material that violates a person s right of privacy Inability to access any website or any computer system Release introduction transmission or facilitation of any malicious code Forensic or investigative expenses Extortion or terrorism acts or threats Monitoring or notification costs or expenses o ao00w Crisis management or public relations expenses Includes copyrighted material of Insurance Services Office Inc. with its permission. U1010 0819 Page 1of 2 | 2 |
101 GL 0123923 02 h. Data or systemrecovery repair replacement or restoration expenses i. Business interruption related losses or expensesor j. Losses arising out of fraudulent instructions transmitted by electronic means including through social engineering. 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. Malicious code means but is not limited to any virus Trojan horse worm spyware logic bomb adware malware or other similar software program. Personal information means any personally identifying information or data about an individual as defined by foreign federal state or local laws statutes or regulations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U1010 0819 Page2of 2 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OPIOIDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended by the addition of the following This insurance does not apply to Opioids Bodily injury property damage or personal and advertising injury arising in whole or in part out of opioids. B. The DEFINITIONS Section is amended by the addition of the following Opioids means any compound that acts on opioid receptors in the body. Opioids include opium alkaloids any compounds derived from them that act on the opioid receptors and any other synthetic compounds made to act on opioid receptors. Opioids include but are not limited to any substance or compound that contains morphine codeine thebaine heroin oxymorphone hydrocodone oxycodone hydromorphine methadone meperidine tramadol naltrexone or buprenorphine. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U1020 0519 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ANY RESIDENTIAL CONSTRUCTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended by the addition of the following This insurance does not apply to Any Residential Construction Bodily injury property damage or personal and advertising injury arising out of or occurring to any residential construction. B. The DEFINITIONS Section is amended by the addition of the following Residential construction means buildings structures or other improvements to real property constructed maintained or sold for the purpose of being used by natural persons as a dwelling inclusive of all infrastructure improvements in connection therewith including but not limited to grading excavating utilities road paving curbs sidewalks. Residential construction shall include but not be limited to single or multiple family housing including townhouses condominiums co operatives duplexes triplexes fourplexes and single family detached housing. Residential construction also includes the terms Common Interest Developments Condominiums Condominium Projects Condominium Conversion Projects Cooperatives Custom Homes Duplex Triplex Fourplex Infrastructure or Site Work Military Housing Residential Tract Housing Senior Housing Projects Senior Living Structures Assisted Senior Housing Projects Single Family Homes Built on Spec Student Housing Time Shares Townhouse Projects or Rental Property Units all as further defined herein for the purposes of this Endorsement only. Condominium means a. An estate in real property where there is an undivided interestin common in aportion of real property coupled with a separate interest in space called a unit the boundaries of which are described on a recorded final map parcel map or condominium plan. The areas within the boundaries may be filled with air earth or water or any combination thereof and need not be attached to land except by easements for access and support b. Atype of ownership in real property where all of the owners own the property common areas and buildings together with the exception of the interior of the unit to which they have title c. Real estate portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those designated portions Includes copyrighted material of Insurance Services Office Inc. with its permission. U1039A0820 Page 1 0of 3 | 2 |
101 GL 0123923 02 d. A single real property parcel with all the unit owners having a right in common to use the common elements with a separate ownership confined to the individual units that are serially designated. Condominium Conversion Projects means direct conversion of any existing building including but not limited to any single family dwelling apartment building townhouse multi family dwelling warehouse commercial industrial building or hotel to a Condominiums Cooperatives or a Common Interest Developments or any sort of combination or derivative thereof. Condominium Projects means consisting of multiple individual Condominiums as defined elsewhere in this Endorsement on a single parcel of real property. Custom Homes means houses of a unique plan or blueprintbuilt to an owner s specifications and sold before construction begins. Duplex Triplex Fourplex means multi unit housing not part of a Condominium Project or Townhouse Project. Infrastructure or Site Work means work involving common areas excluding any building construction. Military Housing means single family or multi unit housing that is built for the US government or a branch of the armed forces of the United States and that will be leased or otherwise made available to enlisted service men or women to be used as a dwelling while they are members of the U.S. Armed Forces. Rental Property Units means any structures that are built as dwellings with the intended purpose of renting or leasing rather than selling the units to third parties. Residential Tract Housing means single family residential housing not part of a Condominium Project or Townhouse Project as defined elsewhere in this Endorsement that is built by residential developers for sale to individuals during or after completion of construction. Tract Housing is further defined as consisting of 10 or more units in a single contiguous location. Senior Housing Projects Senior Living Structures or Assisted Senior Housing Projects means Dwellings that HUD has determined are specifically designed for and occupied by elderly persons under a Federal State or local government program or Dwellings occupied solely by persons who are 62 or older or Dwellings where at least one person who is 55 or older resides in at least 80 percent of the occupied units in any one location and where the policy applicable to the dwellings demonstrates an intent to house persons who are 55 or older. Single Family Homes Built on Spec means homes of a unique plan or blueprint built by themselves and not in conjunction with other homes of like design and blueprint by a general contractor for sale after completion of construction. Student Housing means single family or multi unit housing that is built and owned by any school or educational institution for the purpose of housing students faculty or other personnel of the school or educational institution while they are attending or are employed by the school or a educational institution. Time Shares means structures that are designed and available for use and occupancy as a residence and that are constructed for the purpose of being offered as part of a timeshare plan as that phrase is defined in the Vacation Ownership Time Share Act of 2004 at California Business Professions Code Section11212 or as otherwise defined under any similar statutory scheme governing the offering of residential units to the public for use and occupancy as a vacation property on a recurring periodic basis of less than one year and in effect in the state where the structures are located. U1039A0820 Includes copyrighted material of Insurance Services Office Inc. Page 2 of 3 with its permission. | 2 |
101 GL 0123923 02 Townhouse Projects means multi unithousing consisting of houses in a row of usually the same or similar design with common side walls or with a very narrow space between adjacent side walls including individual Townhouses. Cooperative means any of the following a. A type of multiple ownership of real property in which the residents of a multiunit housing complex own shares in the cooperative corporation that owns the property giving each resident the right to occupy a specific apartment or unit b. Dwelling units in a multi dwelling complex in which each owner has an interest in the entire complex and a lease of his her its own apartment. Common Interest Development means any of the following a. A condominium project b. A cooperative. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U1039A0820 Page 3 of 3 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SUBSIDENCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions of the Commercial General Liability Coverage Form and SECTION COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions of the Owners and Contractors Protective Liability Coverage Form are amended by the addition of the following This insurance does not apply to Subsidence Any claim for bodily injury property damage or personal and advertising injury as applicable to the above referenced coverage form arising out of subsidence. This exclusion applies regardiess of whether bodily injury property damage or personal and advertising injury actually or allegedly involves arises out of is caused by results from is contributed to or is aggravated by subsidence and any other cause in any sequence and irrespective of whether such other cause is concurrent proximate or remote. B. The DEFINITIONS Section is amended and the following added Subsidence means earth movement including but not limited to any earth sinking slipping rising shifting settling expansion contraction vibration tilting slipping or falling away caving in landslide eroding or any other movement of land or earth from any cause whatsoever. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U253 0517 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Professional Services any bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional service. This includes but is not limited to 1 2 3 4 5 6 9 10 11 12 13 legal accounting or advertising services preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications inspection supervision quality control architectural or engineering activities done by or for you ona project on which you serve as construction manager engineering services including related supervisory or inspection services medical surgical dental x ray or nursing services treatment advice or instruction any health or therapeutic service treatment advice or instruction any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices body piercing or tattooing services including but not limited to the insertion of pigment collagen or any other foreign substance into or under the skin services in the practice of pharmacy law enforcement or firefighting services or handling embalming disposal burial cremation or disinterment of dead bodies. 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 thatinsured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U265 0116 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION USLH JONES ACT OR OTHER MARITIME LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following is added USLH Jones Act or Other Maritime Laws Exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury arising directly or indirectly out of 1 operations over navigable waters or offshore including but not limited to drilling and production platforms pipelines and vessels where coverage is provided by the U.S. Longshore Harbor Workers Compensation Act USLH Merchant Marine Act Jones Act or other maritime laws and any amendments to those laws 2 actions including but not limited to subrogation involving U.S. Longshore Harbor Workers Compensation Act USLH Merchant Marine Act Jones Act or other maritime laws and any amendments to those laws or 3 any obligation of the insured resulting from actions under the U.S. Longshore Harbor Workers Compensation Act USLH Merchant Marine Act Jones Act or other maritime laws and any amendments to those laws. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U266 0510 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Lead 1 bodily injury or personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of lead in any form. 2 property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of lead in any form. 3 any damages loss cost or expense arising in whole or in part 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 lead in any form by any insured or by any other person or entity. 4 any claim or suit by or on behalf of a governmental authority for damages loss cost or expense arising in whole or in part 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 lead in any form by any insured or by any other person or entity. This exclusion shall apply without regard to the source or sources of lead or the basis of the insured s liability. This exclusion includes defects or negligence in design construction or materials or any other event conduct or misconduct which may have or is claimed to have precipitated caused or acted jointly concurrently or in any sequence with lead in any form in causing injury or damage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U466 0212 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Asbestos 1 bodily injury or personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of asbestos in any form. 2 property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of asbestos in any form. 3 any damages loss cost or expense arising in whole or in part 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 asbestos in any form by any insured or by any other person or entity. 4 any claim or suit by or on behalf of a governmental authority for damages loss cost or expense arising in whole or in part 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 asbestos in any form by any insured or by any other person or entity. This exclusion shall apply without regard to the source or sources of asbestos or the basis of the insured s liability. This exclusion includes defects or negligence in design construction or materials or any other event conduct or misconduct which may have or is claimed to have precipitated caused or acted jointly concurrently or in any sequence with asbestos in any form in causing injury or damage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U467 0212 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ABUSE OR MOLESTATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended to include the following Abuse or Molestation This insurance does not apply to damages due to bodily injury property damage or personal and advertising injury arising out of 1 abuse or molestation caused directly or indirectly by you any insured any person any entity or by means whatsoever 2 the failure to suppress or prevent abuse or molestation by you any insured any person any entity or by any means whatsoever 3 the failure to provide an environment safe from abuse or molestation 4 the failure to warn of the dangers of the environment which could contribute to abuse or molestation 5 abuse or molestation arising out of the negligent employment investigation hiring supervision training or retention of any person 6 the use of any force to protect persons or property whether or not the bodily injury property damage or personal and advertising injury was intended from the standpoint of you any insured or any person or committed by or at the direction of you any insured or any person 7 the failure to render or secure medical treatment or care necessitated by any abuse or molestation or 8 death including any allegations of wrongful death arising out of items 1 through 7 listed above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U684 0511 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION BENZENE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Benzene 1 bodily injury or personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of benzene in any form. 2 property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of benzene in any form. 3 any damages loss cost or expense arising in whole or in part 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 benzene in any form by any insured or by any other person or entity. 4 any claim or suit by or on behalf of a governmental authority for damages loss cost or expense arising in whole or in part 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 benzene in any form by any insured or by any other person or entity. This exclusion shall apply without regard to the source or sources of benzene or the basis of the insured s liability. This exclusion includes defects or negligence in design construction or materials or any other event conduct or misconduct which may have or is claimed to have precipitated caused or acted jointly concurrently or in any sequence with benzene in any form in causing injury or damage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U730 0212 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS DESCRIPTION AND CLASSIFICATION LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Business Description Vacant Land per exhibits on file with company SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement are amended by the addition of following Coverage under this policy is specifically limited to those classification codes listed on the Policy Declarations or listed in the SCHEDULE above. No coverage is provided for any classification code or operation performed by the Named Insured not specifically listed in the Policy Declarations or listed in the SCHEDULE above ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U992 0617 Page 1 of 1 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDENTITY RECOVERY COVERAGE IDENTITY THEFT CASE MANAGEMENT SERVICE AND EXPENSE REIMBURSEMENT This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Identity Recovery Coverage is added to this Policy. Identity Recovery Coverage is a first party coverage provided to the owners of the insured entity. Identity Recovery Coverage includes reim bursement of specified legal expenses but such coverage is subject to the Identity Recovery coverage limit as specified under LIMITS below. Under Identity Recovery Coverage we do not have a duty to defend the insured from claims or suits. The limit and deductible applicable to Identity Recovery Coverage are sepa rate from and in addition to the limits and deductibles that apply to any other coverage provided under this Policy. The Common Policy Conditions apply to coverage under this Identity Recovery Coverage. IDENTITY RECOVERY COVERAGE We will provide the Case Management Service and Expense Reimbursement Coverage indicated below if all of the following requirements are met 1. There has been an identity theft involving the personal identity of an identity recovery insured under this policy and 2. Such identity theft is first discovered by the identity recovery insured during the policy period for which this Identity Recovery coverage is applicable and 3. Such identity theft is reported to us within 60 days after it is first discovered by the identity recovery insured. If all three of the requirements listed above have been met then we will provide the following to the identity recovery insured 1. Case Management Service Services of an identity recovery case manager as needed to respond to the identity theft and 2. Expense Reimbursement Reimbursement of necessary and reasonable identity recovery expenses incurred as a direct result of the identity theft. This coverage is additional insurance. EXCLUSIONS The following additional exclusions apply to this coverage We do not cover loss or expense arising from any of the following. 1. The theft of a professional or business identity. 2. Any fraudulent dishonest or criminal act by an identity recovery insured or any person aiding or abetting an identity recovery insured or by any authorized representative of an identity recovery insured whether acting alone or in collusion with others. However this exclusion shall not apply to the interests of an identity recovery insured who has no knowledge of or involvement in such fraud dishonesty or criminal act. 3. An identity theft that is not reported in writing to the police. U651 1010 Includes copyrighted material of ISO Inc. Page 1 of 4 with its permission. Page 1 of 4 | 2 |
101 GL 0123923 02 LIMITS Case Management Service is available as needed for any one identity theft for up to 12 consecutive months from the inception of the service. Expenses we incur to provide Case Management Service do not reduce the amount of limit available for Expense Reimbursement coverage. Expense Reimbursement coverage is subject to a limit of 15000 annual aggregate per identity recovery insured. Regardless of the number of claims this limit is the most we will pay for the total of all loss or expense arising out of all identity thefts to any one identity recovery insured which are first discovered by the identity recovery insured during a 12 month period starting with the beginning of the present annual policy period. If an identity theft is first discovered in one policy period and continues into other policy periods all loss and expense arising from such identity theft will be subject to the aggregate limit applicable to the policy period when the identity theft was first discovered. Legal costs as provided under item d. of the definition of identity recovery expenses are part of and not in addition to the Expense Reimbursement coverage limit. Item e. Lost Wages and item f. Child and Elder Care Expenses of the definition of identity recovery expenses are jointly subject to a sublimit of 5000. This sublimit is part of and not in addition to the Expense Reimbursement coverage limit. Coverage is limited to wages lost and expenses incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. Item g. Mental Health Counseling of the definition of identity recovery expenses is subject to a sublimit of 1000. This sublimit is part of and not in addition to the Expense Reimbursement coverage limit. Coverage is limited to counseling that takes place within 12 months after the first discovery of the identity theft by the identity recovery insured. Item h. Miscellaneous Unnamed Costs of the definition of identity recovery expenses is subject to a sublimit of 1000. This sublimit is part of and not in addition to the Expenses Reimbursement coverage limit. Coverage is limited to costs incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. DEDUCTIBLE Neither the Case Management Service nor the Expense Reimbursement coverage is subject to a deductible. CONDITIONS The following additional conditions apply to this coverage A. Help Line For assistance the identity recovery insured should call the Identity Recovery Help Line at 1 866 855 9282. The Identity Recovery Help Line can provide the identity recovery insured with 1. Information and advice for how to respond to a possible identity theft and 2. Instructions for how to submit a service request for Case Management Service andor a claim form for Expense Reimbursement Coverage. In some cases we may provide Case Management services at our expense to an identity recovery insured prior to a determination that a covered identity theft has occurred. Our provision of such services is not an admission of liability under the policy. We reserve the right to deny further coverage or service if after investigation we determine that a covered identity theft has not occurred. As respects Expense Reimbursement Coverage the identity recovery insured must send to us within 60 days after our request receipts bills or other records that support his or her claim for identity recovery expenses. U651 1010 Includes copyrighted material of ISO Inc. Page 2 of 4 with its permission. Page 2 of 4 | 2 |
101 GL 0123923 02 B. Services The following conditions apply as respects any services provided by us or our designees to any identity recovery insured under this endorsement 1. Our ability to provide helpful services in the event of an identity theft depends on the cooperation permission and assistance of the identity recovery insured. 2. All services may not be available or applicable to all individuals. For example identity recovery insureds who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. 3. We do not warrant or guarantee that our services will end or eliminate all problems associated with an identity theft or prevent future identity thefts. DEFINITIONS With respect to the provisions of this endorsement only the following definitions are added 1. Identity Recovery Case Manager means one or more individuals assigned by us to assist an identity recovery insured with communications we deem necessary for re establishing the integrity of the personal identity of the identity recovery insured. This includes with the permission and cooperation of the identity recovery insured written and telephone communications with law enforcement authorities governmental agencies credit agencies and individual creditors and businesses. Identity Recovery Expenses means the following when they are reasonable and necessary expenses that are incurred as a direct result of an identity theft a. Costs for re filing applications for loans grants or other credit instruments that are rejected solely as a result of an identity theft. Costs for notarizing affidavits or other similar documents long distance telephone calls and postage solely as a result of your efforts to report an identity theft or amend or rectify records as to your true name or identity as a result of an identity theft. Costs for credit reports from established credit bureaus. Fees and expenses for an attorney approved by us for the following 1 The defense of any civil suit brought against an identity recovery insured. 2 The removal of any civil judgment wrongfully entered against an identity recovery insured. 3 Legal assistance for an identity recovery insured at an audit or hearing by a governmental agency. 4 Legal assistance in challenging the accuracy of the identity recovery insured s consumer credit report. 5 The defense of any criminal charges brought against an identity recovery insured arising from the actions of a third party using the personal identity of the identity recovery insured. Actual lost wages of the identity recovery insured for time reasonably and necessarily taken away from work and away from the work premises. Time away from work includes partial or whole work days. Actual lost wages may include payment for vacation days discretionary days floating holidays and paid personal days. Actual lost wages does not include sick days or any loss arising from time taken away from self employment. Necessary time off does not include time off to do tasks that could reasonably have been done during non working hours. Actual costs for supervision of children or elderly or infirm relatives or dependants of the identity recovery insured during time reasonably and necessarily taken away from such supervision. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. U651 1010 Includes copyrighted material of I1SO Inc. Page 3 of 4 with its permission. | 2 |
101 GL 0123923 02 g. Actual costs for counseling from a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. Any other reasonable costs necessarily incurred by an identity recovery insured as a direct result of the identity theft. 1 Such costs include a Costs by the identity recovery insured to recover control over his or her personal identity. b Deductibles or service fees from financial institutions. 2 Such costs do not include a Costs to avoid prevent or detect identity theft or other loss. b Money lost or stolen. c Costs that are restricted or excluded elsewhere in this endorsement or policy. Identity Recovery Insured means the following a. When the entity insured under this policy is a sole proprietorship the identity recovery insured is the individual person who is the sole proprietor of the insured entity. When the entity insured under this policy is a partnership the identity recovery insureds are the current partners. When the entity insured under this policy is a corporation or other organization the identity recovery insureds are all individuals having an ownership position of 20 or more of the insured entity. However if and only if there is no one who has such an ownership position then the identity recovery insured shall be 1 The chief executive of the insured entity or 2 As respects a religious institution the senior ministerial employee. An identity recovery insured must always be an individual person. The entity insured under this policy is not an identity recovery insured. Identity Theft means the fraudulent use of the social security number or other method of identifying an identity recovery insured. This includes fraudulently using the personal identity of an identity recovery insured to establish credit accounts secure loans enter into contracts or commit crimes. Identity theft does not include the fraudulent use of a business name d b a or any other method of identifying a business activity. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U651 1010 Includes copyrighted material of ISO Inc. with its permission. Page 4 of 4 | 2 |
101 GL 0123923 02 INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. CYBERONE COVERAGE COMPUTER ATTACK AND NETWORK SECURITY LIABILITY as practicable but in no event more than 60 days after the date it is first discovered by you. SECTION 1 COVERAGES If all three of the conditions listed above in SECTION 1 COVERED CAUSE OF LOSS have been met then we will provide you the following coverages for loss directly arising from such computer attack. 1. Data Restoration We will pay your necessary and reasonable data restoration costs. 2. System Restoration We will pay your necessary and reasonable system restoration costs. SECTION 1 LIMITS The most we will pay under Computer Attack Coverage is the Computer Attack Limit indicated in this endorsement. The Computer Attack Limit is an annual aggregate limit. This amount is the most we will pay for the total of all loss covered under Section 1 arising out of all computer attacks which are first discovered by you during the present annual policy period. This limit applies regardless of the number of computer attacks occurring during that period. A computer attack may be first discovered by you in one policy period but it may cause covered costs in one or more subsequent policy periods. If so all covered costs arising from such computer attack will be subject to the Computer Attack Limit applicable to the policy period when the computer attack was first discovered by you. SECTION 1 DEDUCTIBLE The Computer Attack Coverage is subject to the Computer Attack Deductible indicated in the SCHEDULE for this endorsement. You shall be responsible for the applicable deductible amount arising from each computer attack covered under this endorsement. The following CyberOne Coverage has been endorsed onto your policy as a matter of convenience for policy issuance. The coverage and service provided under this endorsement are separate from those in your policy. CyberOne Coverage includes defense and liability against certain claims but such coverage is subject to the Network Security Liability Limit. The limits and deductibles applicable to this CyberOne Coverage are separate from the limits and deductibles that apply to your policy. The Common Policy Conditions apply to coverage under this CyberOne Coverage. Coverage under this endorsement is subject to the following SCHEDULE SECTION 1 COMPUTER ATTACK Computer Attack Limit 50000 Annual Aggregate Computer Attack Deductible 5000 Per Occurrence SECTION 2 NETWORK SECURITY LIABILITY Network Security Liability Limit 50000 Annual Aggregate Network Security Liability Deductible 5000 Per Occurrence SECTION 1 COMPUTER ATTACK COVERAGE SECTION 1 COVERED CAUSE OF LOSS This Computer Attack Coverage applies only if all of the following conditions are met 1. There has been a computer attack and 2. Such computer attack is first discovered by you during the policy period for which this endorsement is applicable and 3. Such computer attack is reported to us as soon U941 0815 as practicable but in no eve after the date it is first discoy SECTION 1 COVERAGES If all three of the conditions liste 1 COVERED CAUSE OF L then we will provide you the fc loss directly arising from such c 1. Data Restoration We will pay your necessary restoration costs. 2. System Restoration We will pay your neces system restoration costs. SECTION 1 LIMITS The most we will pay und Coverage is the Computer Att this endorsement. The Computer Attack Limit is limit. This amount is the most w of all loss covered under Secti computer attacks which are fi during the present annual po applies regardless of the n attacks occurring during that pe A computer attack may be firs one policy period but it may cz one or more subsequent poli covered costs arising from such be subject to the Computer Att the policy period when the corr discovered by you. SECTION 1 DEDUCTIBLE The Computer Attack Covera Computer Attack Deductible SCHEDULE for this endorse responsible for the applicabls arising from each computer this endorsement. 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Computer Attack Deductible Page 1 of 5 | 2 |
101 GL 0123923 02 SECTION 2 NETWORK SECURITY LIABILITY COVERAGE SECTION 2 COVERED CAUSE OF LOSS This Network Security Liability Coverage applies only if all of the following conditions are met 1. You first receive notice of a network security liability suit during the policy period for which this endorsement is applicable or any Extended Reporting Periods and 2. Such network security liability suit is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. SECTION 2 COVERAGES If both of the conditions listed above in SECTION 2 COVERED CAUSE OF LOSS have been met then we will provide you the following coverages for loss directly arising from such network security liability suit. 1. Defense We will pay your necessary and reasonable network security liability defense costs. 2. Settlement Costs We will pay your necessary and reasonable network security liability settlement costs. SECTION 2 LIMITS Except for post judgment interest the most we will pay under Network Security Liability Coverage is the Network Security Liability Limit indicated in this endorsement. The Network Security Liability Limit is an annual aggregate limit. This amount is the most we will pay for the total of all loss covered under Section 2 other than post judgment interest arising out of all network security liability suits of which you first receive notice during the present annual policy period or any Extended Reporting Periods. This limit applies regardless of the number of network security liability suits of which you first receive notice during that period. You may first receive notice of a network security liability suit in one policy period but it may cause covered costs in one or more subsequent policy periods. If so all covered costs arising from such network security liability suit other than post judgment interest will be subject to the Network Security Liability Limit applicable to the policy period when notice of the network security liability suit was first received by you. The Network Security Liability Limit for the Extended Reporting Periods if applicable shall be part of and U941 0815 2013 not in addition to the Network Security Liability Limit for the immediately preceding policy period. SECTION 2 DEDUCTIBLE The Network Security Liability Coverage is subject to the Network Security Liability Deductible indicated in the SCHEDULE for this endorsement. You shall be responsible for the applicable deductible amount arising from each network security liability suit covered under this endorsement. EXCLUSIONS ADDITIONAL CONDITIONS AND DEFINITIONS APPLICABLE TO ALL SECTIONS EXCLUSIONS The following additional exclusions apply to this coverage We will not pay for costs or loss arising from the following 1. Loss to the internet an internet service provider or any computer or computer system that is not owned or leased by you and operated under your control. Costs to research or correct any deficiency. Any fines or penalties. Any criminal investigations or proceedings. Any threat extortion or blackmail. This includes but is not limited to ransom payments and private security assistance. 6. Your intentional or willful complicity in a covered loss or your reckless disregard for the security of your computer system or data. 7. Any criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law by you. 8. Any computer attack occurring prior to the first inception of this CyberOne Coverage endorsement or any coverage substantially similar to that described in this endorsement. 9. That part of any network security liability suit seeking any non monetary relief. 10. Any network security liability suit arising from a propagation of malware or denial of service attack that occurred prior to the first inception of this CyberOne Coverage endorsement or any coverage substantially similar to that described in this endorsement. 11. The propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers in connection with hardware or software created produced or modified by you for sale lease or license to third parties. o s wn Page 2 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. USE OF LOSS have been met then you the following coverages for loss from such network security liability ay your necessary and reasonable curity liability defense costs. Costs ay your necessary and reasonable curity liability settlement costs. IMITS t judgment interest the most we will vork Security Liability Coverage is the ity Liability Limit indicated in this Security Liability Limit is an annual This amount is the most we will pay ll loss covered under Section 2 other 1ent interest arising out of all network suits of which you first receive notice sent annual policy period or any orting Periods. This limit applies 1e number of network security liability you first receive notice during that receive notice of a network security one policy period but it may cause in one or more subsequent policy all covered costs arising from such rity liability suit other than post est will be subject to the Network y Limit applicable to the policy period the network security liability suit was you. ecurity Liability Limit for the Extended ds if applicable shall be part of and o bW N | 2 |
101 GL 0123923 02 ADDITIONAL CONDITIONS The following additional conditions apply to all coverages under this endorsement. A. Due Diligence You agree to use due diligence to prevent and mitigate costs covered under this endorsement. This includes but is not limited to complying with reasonable and industry accepted protocols for 1. Providing and maintaining appropriate computer and internet security and 2. Maintaining and updating at appropriate intervals backups of computer data. B. Duties in the Event of a Network Security Liability Suit If a network security liability suit is brought against you you must a. Immediately record the specifics of the network security liability suit and the date received and b. Provide us with written notice as soon as practicable but in no event more than 60 days after the date the network security liability suit is first received by you. c. Immediately send us copies of any demands notices summonses or legal papers received in connection with the network security liability suit d. Authorize us to obtain records and other information e. Cooperate with us in the investigation settlement or defense of the network security liability suit f. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss to which this insurance may also apply and g. Not take any action or fail to take any required action that prejudices your rights or our rights with respect to such network security liability suit. C. Extended Reporting Periods 1. You shall have the right to the Extended Re porting Periods described in this section in the event of a termination of coverage. 2. If a termination of coverage has occurred you shall have the right to the following a. An Automatic Extended Reporting Period of 30 days after the effective date of ter mination of coverage at no additional premium in which to give us written notice of a network security liability suit of which you first receive notice during said Automatic Extended Reporting Period for U941 0815 2013 any propagation of malware or denial of service attack occurring before the end of the coverage period for this CyberOne Coverage and which is otherwise covered by this CyberOne Coverage and b. Upon payment of an additional premium of 100 of the full annual premium appli cable to this CyberOne Coverage a Sup plemental Extended Reporting Period of 1 year immediately following the effective date of termination of coverage in which to give us written notice of a network se curity liability suit of which you first re ceive notice during said Supplemental Extended Reporting Period for any prop agation of malware or denial of service at tack occurring before the end of the cov erage period for this CyberOne Coverage and which is otherwise covered by this CyberOne Coverage. To obtain the Supplemental Extended Reporting Period you must request it in writing and pay the additional premium due within 30 days of the effective date of termination of coverage. The addi tional premium for the Supplemental Ex tended Reporting Period shall be fully earned at the inception of the Supple mental Extended Reporting Period. If we do not receive the written request as re quired you may not exercise this right at a later date. This insurance provided during the Sup plemental Extended Reporting Period is excess over any other valid and collecti ble insurance that begins or continues in effect after the Supplemental Extended Reporting Period becomes effective whether the other insurance applies on a primary excess contingent or any other basis. D. Network Security Liability Defense 1. We shall have the right and the duty to assume the defense of any applicable network security liability suit against you. You shall give us such information and cooperation as we may reasonably require. 2. You shall not admit liability for or settle any network security liability suit or incur any defense costs without our prior written consent. 3. If you refuse to consent to any settlement recommended by us and acceptable to the claimant we may then withdraw from your defense by tendering control of the defense to you. From that point forward you shall at your own expense negotiate or defend such network security liability suit independently Page 3 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
101 GL 0123923 02 of us. Our liability shall not exceed the amount for which the claim or suit could have been settled if such recommendation was consented to plus defense costs incurred by us and defense costs incurred by you with our written consent prior to the date of such refusal. 4. We shall not be obligated to pay any damages or defense costs or to defend or continue to defend any network security liability suit after the Network Security Liability Limit has been exhausted. 5. We shall pay all interest on that amount of any judgment within the Network Security Liability Limit which accrues a. After entry of judgment and b. Before we pay offer to pay or deposit in court that part of the judgment within the Network Security Liability Limit or in any case before we pay or offer to pay the entire Network Security Liability Limit. These interest payments shall be in addition to and not part of the Network Security Liability Limit. E. Other Data Coverage in This Policy Some elements of this CyberOne Coverage may also be covered under the policy to which this endorsement is attached. If so this CyberOne Coverage will apply as excess additional coverage. If loss payment has been made under the policy for the same event the amount of such payment will count towards the deductible that applies to this CyberOne Coverage. F. Services The following conditions apply as respects any services provided to you by any service firm provided or paid for in whole or in part under this endorsement 1. The effectiveness of such services depends on your cooperation and assistance. 2. We do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events. DEFINITIONS With respect to the provisions of this endorsement only the following definitions are added 1. Computer Attack means one of the following involving a computer or other electronic hardware that is owned or leased by you and operated under your control a. Unauthorized Access meaning the gaining of access to your computer system by an unauthorized person or persons or U941 0815 Includes copvriahted material o ability shall not exceed the b. ch the claim or suit could have f such recommendation was olus defense costs incurred by se costs incurred by you with sent prior to the date of such be obligated to pay any efense costs or to defend or efend any network security after the Network Security as been exhausted. all interest on that amount of within the Network Security hich accrues of judgment and pay offer to pay or deposit in vart of the judgment within the ecurity Liability Limit or in any re we pay or offer to pay the jork Security Liability Limit. payments shall be in addition art of the Network Security 2. a. age in This Policy this CyberOne Coverage may inder the policy to which this tached. If so this CyberOne pply as excess additional ayment has been made under ame event the amount of such t towards the deductible that 2rOne Coverage. 3. a. ditions apply as respects any to you by any service firm r in whole or in part under this ess of such services depends ation and assistance. arrant or guarantee that the nd or eliminate all problems the covered events. 4. a. rovisions of this endorsement itions are added means one of the following er or other electronic hardware leased by you and operated Access meaning the gaining your computer system by an erson or persons or 2013 Malware Attack meaning damage to your computer system or data arising from malicious code including viruses worms Trojans spyware and keyloggers. This does not mean damage from shortcomings or mistakes in legitimate electronic code or damage from code installed on your computer system during the manufacturing process. Denial of Service Attack meaning a deliberate act to prevent third parties from gaining access to your computer system through the internet in a manner in which they are legally entitled. Data Restoration Costs Data restoration costs means the costs of an outside professional firm hired by you to replace electronic data that has been lost or corrupted. In order to be considered data restoration costs such replacement must be from one or more electronic sources with the same or similar functionality to the data that has been lost or corrupted. Data restoration costs does not mean costs to research restore or replace 1 Software programs or operating systems that are not commercially available or Data that is obsolete unnecessary or useless to you. 2 Network Security Liability Defense Costs Network security liability defense costs means reasonable and necessary expenses resulting solely from the investigation defense and appeal of any network security liability suit against you. Such expenses may be incurred by us. Such expenses may include premiums for any appeal bond attachment bond or similar bond. However we have no obligation to apply for or furnish such bond. Network security liability defense costs does not mean your salaries or your loss of earnings. Network Security Liability Settlement Costs Network security liability settlement costs means the following when they arise from a network security liability suit 1 Damages judgments or settlements and 2 Defense costs added to that part of any judgment paid by us when such defense costs are awarded by law or court order and Pre judgment interest on that part of any judgment paid by us. Network security liability settlement costs 3 Page 4 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
101 GL 0123923 02 does not mean 1 Civil or criminal imposed by law 2 Punitive or exemplary damages fines or penalties 3 The multiplied portion of multiplied damages 4 Taxes or 5 Matters which may be deemed uninsurable under the applicable law. 5. Network Security Liability Suit a. Network security liability suit means a civil proceeding against you in which damages are alleged. Such proceeding must be brought in the United States of America Puerto Rico or Canada. Such proceeding must be based on an allegation that a negligent security failure or weakness with respect to a computer or other electronic hardware that is owned or leased by you and operated under your control allowed one or more of the following to happen 1 The unintended propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers. Malware does not include shortcomings or mistakes in legitimate electronic code. 2 The unintended abetting of a denial of service attack against one or more other systems. Network security liability suit includes the following 1 An arbitration or alternative dispute resolution proceeding that you are required to submit to or which we agree you should submit to or 2 A written demand for money when such demand could reasonably result in a civil proceeding as described in this definition. Network security liability suit does not mean any demand or action alleging or arising from property damage or bodily injury. Network security liability suit does not mean any demand or action brought by or on behalf of someone who is 1 Your director or officer 2 Your owner or part owner or 3 A holder of your securities in their capacity as such whether directly derivatively or by class action. 6. System Restoration Costs a. System restoration costs means the costs of an outside professional firm hired by you to U941 0815 2013 do any of the following in order to restore your computer system to its pre computer attack level of functionality 1 Replace or reinstall computer software programs 2 Remove any malicious code and 3 Configure or correct the configuration of your computer system. System restoration costs does not mean 1 Costs to increase the speed capacity or utility of your computer system 2 Labor of your employees 3 Any costs in excess of the actual cash value of your computer system or 4 Costs to repair or replace hardware. Termination of coverage means a. b. You or we cancel this CyberOne Coverage You or we refuse to renew this CyberOne Coverage or We renew this CyberOne Coverage on an other than claims made basis or with a retroactive date later than the date of the first inception of this CyberOne Coverage endorsement or any coverage substantially similar to that described in this endorsement. Al other provisions of this policy apply. Page 5 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 | 2 |
101 GL 0123923 02 INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DATA COMPROMISE COVERAGE RESPONSE EXPENSES AND DEFENSE AND LIABILITY The following Data Compromise Coverage has been endorsed onto your policy as a matter of convenience for policy issuance. The coverage and service provided under this endorsement are separate from those in your policy. Data Compromise Coverage includes reim bursement of specified legal expenses as well as de fense and liability against certain claims but such cover age is subject to the Data Compromise Coverage limit. The limits and deductibles applicable to this Data Com promise Coverage are separate from the limits and de ductibles that apply to your policy. The Common Policy Conditions apply to coverage under this Data Compro mise Coverage. Coverage under this endorsement is subject to the following SECTION 1 RESPONSE EXPENSES Data Compromise Response Expenses Limit 50000 Annual Aggregate Sublimits Named Malware Sec. 1 50000 Forensic IT Review 5000 Legal Review 5000 PR Services 5000 Any one Personal Data Compromise Response Expenses Deductible 2500 Any one Personal Data Compromise SECTION 2 DEFENSE AND LIABILITY Data Compromise Defense and Liability Limit 50000 Annual Aggregate Sublimits Named Malware Sec. 2 50000 Any one Personal Data Compromise Defense and Liability Deductible 2500 Each Data Compromise Suit SECTION 1 RESPONSE EXPENSES COVERAGE DATA COMPROMISE COVERED CAUSE OF LOSS Coverage under this Data Compromise Coverage endorsement applies only if all of the following conditions U943 0815 are met 1. There has been a personal data compromise and 2. Such personal data compromise is first discovered by you during the policy period for which this Data Compromise Coverage endorsement is applicable and 3. Such personal data compromise is reported to us within 60 days after the date it is first discovered by you. SECTION 1 COVERAGES If the three conditions listed above in DATA COMPROMISE COVERED CAUSE OF LOSS have been met then we will provide coverage for the following expenses when they arise directly from the covered cause of loss and are necessary and reasonable. Coverages 4 and 5 apply only if there has been a notification of the personal data compromise to affected individuals as covered under coverage 3. 1. Forensic IT Review Professional information technologies review if needed to determine within the constraints of what is possible and reasonable the nature and extent of the personal data compromise and the number and identities of the affected individuals. This does not include costs to analyze research or determine any of the following a. Vulnerabilities in systems procedures or physical security b. Compliance with PCI or other industry security standards or c. The nature or extent of loss or damage to data that is not personally identifying information or personally sensitive information. If there is reasonable cause to suspect that a covered personal data compromise may have occurred we will pay for costs covered under Forensic IT Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data compromise we will not pay for any further costs. 2. Legal Review Professional legal counsel review of the personal data compromise and how you should best respond toit. If there is reasonable cause to suspect that a 2013 Page 1 of 7 Includes copyrighted material of Insurance Services Office Inc. with its permission. g Data Compromise Coverage has been 1ito your policy as a matter of convenience for ince. The coverage and service provided ndorsement are separate from those in your a Compromise Coverage includes reim of specified legal expenses as well as de ability against certain claims but such cover ct to the Data Compromise Coverage limit. nd deductibles applicable to this Data Com verage are separate from the limits and de at apply to your policy. The Common Policy apply to coverage under this Data Compro ge. inder this endorsement is subject to the RESPONSE EXPENSES romise xpenses Limit 50000 Annual Aggregate alware Sec. 1 50000 IT Review 5000 riew 5000 es 5000 Any one Personal Data Compromise xpenses Deductible 2500 Any one Personal Data Compromise DEFENSE AND LIABILITY romise d Liability Limit 50000 Annual Aggregate alware Sec. 2 50000 Any one Personal Data Compromise d Liability Deductible 2500 Each Data Compromise Suit 1 RESPONSE EXPENSES GE PROMISE COVERED CAUSE OF LOSS under this Data Compromise Coverage I SECT If th COM been exper cause Covel notific affec 1. F Sec. 1 ew | 2 |
101 GL 0123923 02 covered personal data compromise may have occurred we will pay for costs covered under Legal Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data compromise we will not pay for any further costs. Notification to Affected Individuals We will pay your necessary and reasonable costs to provide notificaton of the personal data compromise to affected individuals. Services to Affected Individuals We will pay your necessary and reasonable costs to provide the following services to affected individuals. a. The following services apply to any personal data compromise. 1 Informational Materials A packet of loss prevention and customer support information. 2 Help Line A toll free telephone line for affected individuals with questions about the personal data compromise. Where applicable the line can also be used to request additional services as listed in b. 1 and 2. b. The following additional services apply to personal data compromise events involving personally identifying information. 1 Credit Report and Monitoring A credit report and an electronic service automatically monitoring for activities affecting an individual s credit records. This service is subject to the affected individual enrolling for this service with the designated service provider. 2 Identity Restoration Case Management As respects any affected individual who is or appears to be a victim of identity theft that may reasonably have arisen from the personal data compromise the services of an identity restoration professional who will assist that affected individual through the process of correcting credit and other records and within the constraints of what is possible and reasonable restoring control over his or her personal identity. PR Services Professional public relations firm review of and response to the potential impact of the personal data compromise on your business relationships. This includes costs to implement public relations recommendations of such firm. This may include advertising and special promotions designed to retain your relationship with affected individuals. However we will not pay for promotions a. Provided to any of your directors or employees or b. Costing more than 25 per affected individual. SECTION 1 LIMITS The most we will pay under Response Expenses Coverage is the Data Compromise Response Expenses Limit indicated in this endorsement. The Data Compromise Response Expenses Limit is an annual aggregate limit. This amount is the most we will pay for the total of all loss covered under Section 1 arising out of all personal data compromise events which are first discovered by you during the present annual policy period. This limit applies regardless of the number of personal data compromise events discovered by you during that period. A personal data compromise may be first discovered by you in one policy period but cause covered costs in one or more subsequent policy periods. If so all covered costs arising from such personal data compromise will be subject to the Data Compromise Response Expenses Limit applicable to the policy period when the personal data compromise was first discovered by you. The most we will pay under Response Expenses Coverage for loss arising from any malware related compromise is the Named Malware Sec. 1 sublimit indicated for this endorsement. For the purpose of the Named Malware Sec. 1 sublimit all malware related compromises that are caused enabled or abetted by the same virus or other malicious code are considered to be a single personal data compromise. This sublimit is part of and not in addition to the Data Compromise Response Expenses Limit. The most we will pay under Forensic IT Review Legal Review and PR Services coverages for loss arising from any one personal data compromise is the applicable sublimit for each of those coverages indicated for this endorsement. These sublimits are part of and not in addition to the Data Compromise Response Expenses Limit. PR Services coverage is also subject to a limit per affected individual as described in 5. PR Services. Coverage for Services to affected individuals is limited to costs to provide such services for a period of up to one year from the date of the notification to the affected individuals. Notwithstanding coverage for Identity Restoration Case Management services initiated within such one year period may continue for a period of up to one year from the date such Identity Restoration Case Management services are initiated. U943 0815 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 7 | 2 |
101 GL 0123923 02 SECTION 1 DEDUCTIBLE Response Expenses Coverage is subject to the Response Expenses Deductible indicated for this endorsement. You shall be responsible for such deductible amount as respects each personal data compromise covered under this endorsement. SECTION 2 DEFENSE AND LIABILITY COVERAGE DEFENSE AND LIABILITY COVERED CAUSE OF LOSS Coverage under this Data Compromise Coverage endorsement applies only if all three of the conditions in DATA COMPROMISE COVERED CAUSE OF LOSS are met. Only with regard to Section 2 Defense and Liability Coverage the following conditions must also be met 1. You have provided notifications and services to affected individuals in consultation with us pursuant to Response Expenses Coverage and 2. You receive notice of a data compromise suit brought by one or more affected individuals or by a governmental entity on behalf of one or more affected individuals and 3. Notice of such data compromise suit is received by you within two years of the date that the affected individuals are notified of the personal data compromise and 4. Such data compromise suit is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. SECTION 2 COVERAGES If all of the conditions listed above in DEFENSE AND LIABILITY COVERED CAUSE OF LOSS have been met then we will provide coverage for data compromise defense costs and data compromise liability directly arising from the covered cause of loss. SECTION 2 LIMITS The most we will pay under Defense and Liability Coverage other than post judgment interest is the Data Compromise Defense and Liability Limit indicated in this endorsement. The Data Compromise Defense and Liability Limit is an annual aggregate limit. This amount is the most we will pay for all loss covered under Section 2 other than post judgment interest arising out of all personal data compromise events which are first discovered by you during the present annual policy period. This limit applies regardless of the number of personal data compromise events discovered by you during that period. A personal data compromise may be first discovered by you in one policy period but cause covered costs in U943 0815 one or more subsequent policy costs arising from such pers other than post judgment intere Data Compromise Defense anc to the policy period wher compromise was first discovere The most we will pay unde Coverage for loss arising fro compromise is the Named M indicated for this endorsement. Named Malware Sec. 2 subli compromises that are caused the same virus or other maliciou be a single personal data com part of and not in addition to Limit. SECTION 2 DEDUCTIBLE Defense and Liability Coverage and Liability Deductible indicat You shall be responsible for su respects each data compromis endorsement. EXCLUSIONS ADDITION AND DEFINITIONS APPL SECTION 1 AND SECTIO EXCLUSIONS The following additional ex coverage We will not pay for costs arising 1. Your intentional or willful data compromise. 2. Any criminal fraudulent or omission or any intentiona the law by you. 3. Any personal data comprc the first inception of t Coverage endorsement substantially similar to endorsement. 4. Costs to research or corr includes but is not limited t systems procedures or pk have contributed to a persc 5. Any fines or penalties. Tl limited to fees or surcharge institutions. 6. Any criminal investigations Any extortion or blackmail. limited to ransom paymel assistance. 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. one or more subsequent policy periods. If so all covered costs arising from such personal data compromise other than post judgment interest will be subject to the Data Compromise Defense and Liability Limit applicable to the policy period when the personal data compromise was first discovered by you. The most we will pay under Defense and Liability Coverage for loss arising from any malware related compromise is the Named Malware Sec. 2 sublimit indicated for this endorsement. For the purpose of the Named Malware Sec. 2 sublimit all malware related compromises that are caused enabled or abetted by the same virus or other malicious code are considered to be a single personal data compromise. This sublimit is part of and not in addition to the Defense and Liability Limit. SECTION 2 DEDUCTIBLE Defense and Liability Coverage is subject to the Defense and Liability Deductible indicated for this endorsement. You shall be responsible for such deductible amount as respects each data compromise suit covered under this endorsement. EXCLUSIONS ADDITIONAL CONDITIONS AND DEFINITIONS APPLICABLE TO BOTH SECTION 1 AND SECTION 2 EXCLUSIONS The following additional exclusions apply to this coverage We will not pay for costs arising from the following 1. Your intentional or willful complicity in a personal data compromise. 2. Any criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law by you. 3. Any personal data compromise occurring prior to the first inception of this Data Compromise Coverage endorsement or any coverage substantially similar to that described in this endorsement. 4. Costs to research or correct any deficiency. This includes but is not limited to any deficiency in your systems procedures or physical security that may have contributed to a personal data compromise. 5. Any fines or penalties. This includes but is not limited to fees or surcharges from affected financial institutions. 6. Any criminal investigations or proceedings. Any extortion or blackmail. This includes but is not limited to ransom payments and private security assistance. Page 3of 7 | 2 |
101 GL 0123923 02 B. Duties in the Event of a Data Compromise Suit 1. If a data compromise suit is brought against you you must a. Immediately record the specifics of the data compromise suit and the date received and b. Provide us with written notice as soon as practicable but in no event more than 60 days after the date the data compromise suit is first received by you. c. Immediately send us copies of any demands notices summonses or legal papers received in connection with the data compromise suit d. Authorize us to obtain records and other information e. Cooperate with us in the investigation settlement or defense of the data compromise suit f. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss to which this insurance may also apply and g. Not take any action or fail to take any required action that prejudices your rights or our rights with respect to such data compromise suit. You may not except at your own cost voluntarily make a payment assume any obligation or incur any expense without our prior written consent. If you become aware of a claim or complaint that may become a data compromise suit you shall promptly inform us of such claim or complaint. C. Due Diligence You agree to use due diligence to prevent and mitigate costs covered under this endorsement. This includes but is not limited to complying with and requiring your vendors to comply with reasonable and industry accepted protocols for 1. Providing and maintaining appropriate physical security for your premises computer systems and hard copy files Providing and maintaining appropriate computer and Internet security Maintaining and updating at appropriate intervals backups of computer data Protecting transactions such as processing credit card debit card and check payments and Appropriate disposal of files containing personally identifying information or personally sensitive information including shredding hard copy files and destroying physical media used to store electronic data. Any personal data compromise involving data that is being transmitted electronically unless such data is encrypted to protect the security of the transmission. 9. Your reckless disregard for the security of personally identifying information or personally sensitive information in your care custody or control. 10. That part of any data compromise suit seeking any non monetary relief. ADDITIONAL CONDITIONS The following Additional Conditions apply to all coverages under this endorsement. A. Data Compromise Liability Defense 1. We shall have the right and the duty to assume the defense of any applicable data compromise suit against you. You shall give us such information and cooperation as we may reasonably require. 2. You shall not admit liability for or settle any data compromise suit or incur any defense costs without our prior written consent. 3. If you refuse to consent to any settlement recommended by us and acceptable to the claimant we may then withdraw from your defense by tendering control of the defense to you. From that point forward you shall at your own expense negotiate or defend such data compromise suit independently of us. Our liability shall not exceed the amount for which the claim or suit could have been settled if such recommendation was consented to plus defense costs incurred by us and defense costs incurred by you with our written consent prior to the date of such refusal. 4. We shall not be obligated to pay any damages or defense costs or to defend or continue to defend any data compromise suit after the Data Compromise Defense and Liability Limit has been exhausted. 5. We shall pay all interest on that amount of any judgment within the Data Compromise Defense and Liability Limit which accrues a. After entry of judgment and b. Before we pay offer to pay or deposit in court that part of the judgment within the Data Compromise Defense and Liability Limit or in any case before we pay or offer to pay the entire Data Compromise Defense and Liability Limit. These interest payments shall be in addition to and not part of the Data Compromise Defense and Liability Limit. U943 0815 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 7 | 2 |
101 GL 0123923 02 D. Legal Advice We are not your legal advisor. Our determination of what is or is not covered under this Data Compromise Coverage endorsement does not represent advice or counsel from us about what you should or should not do. E. Pre Notification Consultation You agree to consult with us prior to the issuance of notification to affected individuals. We assume no responsibility under this Data Compromise Coverage for any services promised to affected individuals without our prior agreement. If possible this pre notification consultation will also include the designated service providers as agreed to under Additional Condition F. Service Providers. You must provide the following at our pre notification consultation with you 1. The exact list of affected individuals to be notified including contact information. 2. Information about the personal data compromise that may appropriately be communicated with affected individuals. 3. The scope of services that you desire for the affected individuals. For example coverage may be structured to provide fewer services in order to make those services available to more affected individuals without exceeding the available Response Expenses Limit. F. Service Providers 1. We will only pay under this Data Compromise Coverage for services that are provided by service providers approved by us. You must obtain our prior approval for any service provider whose expenses you want covered under this Data Compromise Coverage. We will not unreasonably withhold such approval. 2. Prior to the Pre Notification Consultation described in Additional Condition E. above you must come to agreement with us regarding the service providers to be used for the Notification to Affected Individuals and Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternate service provider our coverage is subject to the following limitations a. Such alternate service provider must be approved by us b. Such alternate service provider must provide services that are reasonably equivalent or superior in both kind and quality to the ser vices that would have been provided by the service provider we had suggested and c. Our payment for services provided by any alternate service provider will not exceed the U943 0815 amount that we wc service provider we G. Services The following conditions services provided to you or by us our designees or an whole or in part under Coverage 1. The effectiveness of st your cooperation and as 2. All services may not be all individuals. For individuals who are mi may not have credit provided or monitored. different from service i Puerto Rico in accordar 3. We do not warrant services will end or associated with the covs 4. You will have a dire professional service firn part under this coverag you. DEFINITIONS With respect to the provisions the following definitions are add 1. 2013 Affected Individual means current former or prosp member owner director c personally identifying infc sensitive information is released or accidentally p data compromise covered This definition is subject to t a. Affected individual business or organizat person may be an affe b. An affected individua relationship with your ir this policy. The follo individuals who would n 1 If you aggregate c individuals as part individuals about information do N individuals. Howe may qualify as another reason su of yours. 2 If you store proce records the indivic identifying inform sensitive informat Includes copyrighted material of Insurance Services Office Inc. with its permission. amount that we would have paid using the service provider we had suggested. G. Services The following conditions apply as respects any services provided to you or any affected individual by us our designees or any service firm paid for in whole or in part under this Data Compromise Coverage 1. The effectiveness of such services depends on your cooperation and assistance. 2. All services may not be available or applicable to all individuals. For example affected individuals who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. 3. We do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events. 4. You will have a direct relationship with the professional service firms paid for in whole or in part under this coverage. Those firms work for you. DEFINITIONS With respect to the provisions of this endorsement only the following definitions are added 1. 013 Affected Individual means any person who is your current former or prospective customer client member owner director or employee and whose personally identifying information or personally sensitive information is lost stolen accidentally released or accidentally published by a personal data compromise covered under this endorsement. This definition is subject to the following provisions a. Affected individual does not include any business or organization. Only an individual person may be an affected individual. b. An affected individual must have a direct relationship with your interests as insured under this policy. The following are examples of individuals who would not meet this requirement 1 If you aggregate or sell information about individuals as part of your business the individuals about whom you keep such information do not qualify as affected individuals. However specific individuals may qualify as affected individuals for another reason such as being an employee of yours. 2 If you store process transmit or transport records the individuals whose personally identifying information or personally sensitive information you are storing Page 5 of 7 Insurance Services Office Inc. | 2 |
101 GL 0123923 02 processing transmitting or transporting for another entity do not qualify as affected individuals. However specific individuals may qualify as affected individuals for another reason such as being an employee of yours. 3 You may have operations interests or properties that are not insured under this policy. Individuals who have a relationship with you through such other operations interests or properties do not qualify as affected individuals. However specific individuals may qualify as affected individuals for another reason such as being an employee of the operation insured under this policy. c. An affected individual may reside anywhere in the world. Data Compromise Defense Costs means expenses resulting solely from the investigation defense and appeal of any data compromise suit against you. Such expenses must be reasonable and necessary. They will be incurred by us. They do not include your salaries or your loss of earnings. They do include premiums for any appeal bond attachment bond or similar bond without any obligation to apply for or furnish any such bond. Data Compromise Liability a. Data compromise liability means the following when they arise from a data compromise suit 1 Damages judgments or settlements to affected individuals 2 Defense costs added to that part of any judgment paid by us when such defense costs are awarded by law or court order and 3 Pre judgment interest on that part of any judgment paid by us. b. Data compromise liability does not mean 1 Damages judgments or settlements to anyone who is not an affected individual 2 Civil or criminal fines or penalties imposed by law 3 Punitive or exemplary damages 4 The multiplied portion of multiplied damages 5 Taxes or 6 Matters which may be deemed uninsurable under the applicable law. Data Compromise Suit a. Data Compromise Suit means a civil proceeding in which damages to one or more affected individuals arising from a personal data compromise or the violaton of a governmental statute or regulation are alleged. Such proceeding must be brought in the United U943 0815 2013 States of America Puerto Rico or Canada. Data compromise suit includes 1 An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent or 3 A written demand for money when such demand could reasonably result in a civil proceeding as described in this definition. b. Data compromise suit does not mean any demand or action brought by or on behalf of someone who is 1 Your director or officer 2 Your owner or part owner or 3 A holder of your securities in their capacity as such whether directly derivatively or by class action. Data compromise suit will include proceedings brought by such individuals in their capacity as affected individuals but only to the extent that the damages claimed are the same as would apply to any other affected individual. c. Data compromise suit does not mean any demand or action brought by an organization business institution or any other party that is not an affected individual or governmental entity. Data compromise suit does not mean any demand or action brought on behalf of an organization business institution governmental entity or any other party that is not an affected individual. Identity Theft means the fraudulent use of personally identifying information. This includes fraudulently using such information to establish credit accounts secure loans enter into contracts or commit crimes. Identity theft does not include the fraudulent use of a business name d b a or any other method of identifying a business activity. Malware Related Compromise means a personal data compromise that is caused enabled or abetted by a virus or other malicious code that at the time of the personal data compromise is named and recognized by the CERT Coordination Center McAfee Secunia Symantec or other comparable third party monitors of malicious code activity. Personal Data Compromise means the loss theft accidental release or accidental publication of personally identifying information or personally sensitive information of one or more affected individuals. If the loss theft accidental release or accidental publication involves personally identifying information such loss theft accidental Page 6 of 7 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
101 GL 0123923 02 release or accidental publication must result in or have the reasonable possibility of resulting in the fraudulent use of such information. This definition is subject to the following provisions a. At the time of the loss theft accidental release or accidental publication the personally identifying information or personally sensitive information need not be at the insured premises but must be in the direct care custody or control of 1 Youor 2 A professional entity with which you have a direct relationship and to which you or an affected individual at your direction have turned over directly or via a professional transmission or transportation provider such information for storage processing transmission or transportation of such information. Personal data compromise includes disposal or abandonment of personally identifying information or personally sensitive information without appropriate safeguards such as shredding or destruction subject to the following provisions 1 The failure to use appropriate safeguards must be accidental and not reckless or deliberate and 2 Such disposal or abandonment must take place during the time period for which this Data Compromise Coverage endorsement is effective. c. Personal data compromise includes situations where there is a reasonable cause to suspect that such personally identifying information or personally sensitive information has been lost stolen accidentally released or accidentally published even if there is no firm proof. d. All incidents of personal data compromise that are discovered at the same time or arise from the same cause will be considered one personal data compromise. 8. Personally Identifying Information means information including health information that could be used to commit fraud or other illegal activity involving the credit access to health care or identity of an affected individual. This includes but is not limited to Social Security numbers or account numbers. Personally identifying information does not mean or include information that is otherwise available to the public such as names and addresses. 9. Personally Sensitive Information means private information specific to an individual the release of which requires notification of affected individuals under any applicable law. Personally sensitive information does not mean or include personally identifying information. All other provisions of this policy apply. U943 0815 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 7 | 2 |
101 GL 0123923 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2.a. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation stating the reasons for cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. 2 30 days before the effective date of cancellation if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the incep tion of this policy 5 A determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commissioner that we no longer have adequate rein surance to meet our needs. B. The following is added and supersedes any condition to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing ad dress known to us. If notice is mailed proof of mailing will be sufficient proof of notice. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UIL0261 0702 Contains material ISO Properties Inc. 2001 with its permission. Page 1 of 1 | 2 |
GENERAL LIABILITY DECLARATIONS PRIOR POL. NO. 4N6 19 35 18 POLICY Policy Period From JANUARY 1 2018 To JANUARY 1 2019 NUMBER 4N6 19 3519 1201 AM Standard Time at Your Mailing Address Shown Below Named Insured WATTS ELECTRIC COMPANY Mailing Address 13351 DOVERS ST WAVERLY NE 68462 2516 The Named Insured is Individual X Corporation Partnership JointVenture Other Producer LOCKTON COMPANIES LLC AV EMCInsurance Companies. X Employers Mutual Casualty Company Dakota Fire Insurance Company EMCASCO Insurance Company Ilinois EMCASCO Insurance Company Union Insurance Company of Providence 0 EMC Property Casualty Company Hamilton Mutual insurance Company Coverage Provided by the Company Designated X Above LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damage To Premises Rented to You Limit 500000 Any One Premises Medical Expense Limit 10000 Any One Person Personal and Advertising Injury Limit 1000000 Any One Person or Organization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 RETROACTIVE DATE CG0002 ONLY Coverages A and B of this insurance do not apply to Bodily Injury Property Damage or Personal and Advertising Injury which occurred prior to the retroactive date if any stated here Enter date or none GENERAL LIABILITY SCHEDULE Loc Code Classification Products Compl Ops All Other No. No. Premium Basis Exposure Rate Advance Prem Rate Advance Prem SEE COMPOSITE RATING PLAN ENDORSEMENT Sub Totals TOTAL ADVANCE PREMIUM 78058.00 Location of all pre mises you own rent or occupy ANY LOCATIONS OWNED RENTED OR OCCUPIED BY THE INSURED Forms Applicable SEE ENDORSEMENT SCHEDULE Audit Period Annual unless otherwise indicated 0 Semi Annual O Quarterly O Monthly Issue Date December 12017 s Rented to You Limit nit mit aareaate imit T 500000 10000 1000000 Any Onq Any Onq Any On CG70001 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1of1 | 2 |
nan nan nan nan | 2 |
AEM INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY INSTALLMENT PREMIUM PAYMENT SCHEDULE L L L T T T Ty POLICY NUMBER POLICY PERIOD 01012018 TO 01012019 4N6 19 3 5 19 NAMED INSURED PRODUCER WATTS ELECTRIC COMPANY LOCKTON COMPANIES LLC. 13710 FNB PKWY STE 400 13351 DOVERS ST. OMAHA NE. WAVERLY NE.. 68154 5298 68462 2516 AGENT NO. AB8210 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS SCHEDULE INSTALLMENT DUE DATE AMOUNT 6504.001 I Tommmm e 6504.00 THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE DATE OF ISSUE 12012017 FORM IL7007A ED.03 86 1270172017 007 Jo 4N61935 19001 INSTALLMENT PREMIUM PAYMENT SCHEDULE e POLICY NUMBER POLICY PERIOD 01012018 TO 01012019 4N6 19 35 19 R NAMED INSURED PRODUCER WATTS ELECTRIC COMPANY LOCKTON COMPANIES LLC. 13710 FNB PKWY STE 400 13351 DOVERS ST 5 OMAHA NE. WAVERLY NE.. 68154 5298 68462 2516 AGENT NO. AB8210 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS SCHEDULE INSTALLMENT DUE DATE AMOUNT 1 010118 19522.001 020118 6504.00 6504.001 I Tommmm e 100118 6504.00 ol 1 T P TOTAL 78058.001 THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE AT A TEOOTE el o oo WY STE 400 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS SCHEDULE DUE DATE AMOUNT R Tmmmmomm oo t 010118 P 020118 040118 1 050118 1 060118 R P 1 1 070118 1 6504.00 | 2 |
1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE ENDORSEMENT POLICY Policy Period From January 1 2018 To January 1 2019 NUMBER 4N6 19 3519 Named Insured Watts Electric Company Endorsement Effective Date January 1 2018 EMC Insurance Companies x Employers Mutual Casualty Company Dakota Fire Insurance Company EMCASCO Insurance Company Illinois EMCASCO Insurance Company Union Insurance Company of Providence EMC Property Casualty Company Hamilton Mutual Insurance Company Coverage Provided by the Company Designated X Above y anea Named Insured 1 NAMED INSURED WATTS ELECTRIC COMPANY NO. 02 WATERMARK INVESTMENTS LLC. NO. 03 EDWARD WATTS NO.04 THUNDERSTONE CONSTRUCTION LLC INACTIVE NO. 05 EDWARD WATTS LLC cember 1 2017 Omaha NE Date and Place of Issue Countersigned By Form IL1201 Rev. 1 99 | 2 |
nan nan | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE ENDORSEMENT POLICY Policy Period From January 1 2018 To January 1 2019 NUMBER 4N6 19 3519 Named Insured Watts Electric Company Endorsement Effeciive Date January 1 2018 EMC Insurance Companies X Employers Mutual Casualty Company Dakota Fire Insurance Company EMCASCO insurance Company minols EMCASCO Insurance Company Union Insurance Company of Providence EMC Property Casualty Company Hamitton Mutual Insurance Company Coverage Provided by the Company Designated X Above CHANGES ENI NT SCHEDULE PAGE 1 OF 3 CGO001 04 13 COMMERCIAL GEN LIABILITY COV FORM CG0109 11 85 KS OK CHANGES TRANSFER OF RIGHTS CG0134 08 03 MISSOURI CHGS POLLUTION EXCLUSION CGO144 10 11 SOUTH DAKOTA CHANGES G0300 0196 DEDUCTIBLE LIABILITY INSURANCE 30435 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE EACH EMPLOYEE 1000000 AGGREGATE 2000000 DEDUCTIBLE EACH EMPLOYEE 1000 RETROACTIVE DATE 01012008 CG0437 04 13 ELECTRONIC DATA LIAB ENDORSEMENT LOSS OF ELECTRONIC DATA LIMIT 1 000000 CG2010 07 04 AI OWNERS LESSEES OR CONTRACTORS NAME SEE FORM IL12010199 WORDING FOR FORMS CG2012 04 13 AI STATE GOVT AGCY SUBD POLIT SUBD T NAME CONCESSIONAIRES JOB TITLES POLITICAL ENTITY ASSOC. OR ORG.ETC. CITY OF LINCOLN CG2026 04 13 AI DESIGNATED PERSON OR ORGANIZATION NAME CONCESSIONAIRES JOB TITLES POLITICAL ENTITY ASSOC. OR ORG.ETC. UNION PACIFIC RAILROAD CG2037 07 04 AI OWNERS LESSEES OR CONT COMP O NAME SEE FORM IL12010199 WORDING FOR FORMS CG2106 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CG2147 12 07 EXCL EMPLOYMENT RELATED PRACTICES CG2167 12 04 FUNGI OR BACTERIA EXCLUSION CG2170 01 15 CAP LOSSES FROM CERT ACTS TERRORISM CG2176 01 15 EXCL PUNITIVE DMGS ACTS OF TERRORISM CG2274 10 01 LTD CONTRACTUAL LIAB COV PERS ADV DESIGNATED CONTRACT OR AGREEMENT AS REQUIRED PER ANY WRITTEN CONTRACT CONTINUED lence EMPLOYEE Form IL1201 Rev. 1 99 | 2 |
nan nan nan | 2 |
CHANGES ENDORSEMENT SCHEDULE CONTINUED PAGE 2 OF 3 72280 04 13 LIMITED EXCL CONTRACTOR PROF LIAB CG2417 10 01 CONTRACTUAL LIABILITY RAILROADS SCHEDULED RAILROAD DESIGNATED JOB SITE ANY RAILROAD ANY JOBSITE WHERE REQUIRED BY CONTRACT CG2645 02 99 SD CHANGS NONBINDING ARBITRATION CG2650 04 13 MISSOURI CHANGES MEDICAL PAYMENTS CG7000 01 06 GENERAL LIABILITY DECLARATIONS CG7003 10 13 GL QUICK REFERENCE OCCURRENCE CG7141 05 90 EXTENDED PROPERTY DAMAGE COVERAGE CG7174.3 10 13 BLKT AI CONST CONT INCL COMP OPS CG7253 12 96 CONTRACTORS EXTENDED PROPERTY DAMAGE CG7276 11 16 LIMITED POLLUTION COV WORK SITES 150 EACH POLLUTION INCIDENT LIMIT 100000 POLLUTION LIABILITY AGGREGATE LIMIT 100000 PROPERTY DAMAGE DEDUCTIBLE 1000 EACH POLLUTION INCIDENT CG7428 11 98 AMEND AGGREGATE LIMIT PER LOCATION CG7429 11 98 AMEND AGGREGATE LIMIT PER PROJECT CG7501 10 13 AI DESIG PERSON ORGAN VICAR LIAB NAME CONCESSIONAIRES JOB TITLES POLITICAL ENTITY ASSOC. OR ORG.ETC. DAVID WATTS MASTER ELECTRICIAN CG7523 03 07 EXCL EXT INSUL FINISH OR DIRECT APP 57578 06 17 GENERAL LIABILITY ELITE ENDORSEMENT G7627 03 09 AMENDMENT OF EMPL BENEFITS PROGRAM DESCRIPTION OF OTHER SIMILAR BENEFITS NONE CG7644 02 09 CONTRACTORS OCCURRENCE DEFINITION FLO411 10 06 BASIC FARM PREMISES LIABILITY IL0021 05 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM IL0125 11 13 COLORADO CHANGES CIVIL UNION IL0179 10 02 OKLAHOMA NOTICE 110228 09 07 CO CHANGES CANCELLATION NONRENEWAL IL0232 09 08 SD CHANGES CANCELLATION NONRENEWAL IL0236 09 07 OK CHANTES CANCELLATION NONRENEWAL IL0259 09 07 NE CHANGES CANCELLATION NONRENEWAL IL0261 09 07 KS CHANGES CANCELLATION NONRENEWAL IL0274 02 13 MO CHANGES CANCELLATION NONRENEWAL IL0276 039 08 IA CHANGES CANCELLATION NONRENEWAL IL1201 01 99 NAMED INSURED ENDORSEMENT IL1201 01 99 COMML POLICY ENDORSEMENT SCHEDULE IL1201 01 99 COMPOSITE RATING PLAN ENDORSEMENT IL1201 01 99 WORDING FOR FORMS CG2010 CG2037 IL7028 05 15 ASBESTOS EXCLUSION IL7339 05 11 DEFINITION OF YOUR WORK AMEND ENDST IL7447 05 15 NOTICE OF CANCEL W WRITTEN CONTRACT IL7602 04 16 COLORADO COMPANY ELIMINATION TL7604 03 16 KANSAS COMPANY ELIMINATION TL7615 01 99 OKLAHOMA COMPANY ELIMINATION 150 Form IL1201 Rev. 1 99 | 2 |
nan nan | 2 |
CHANGES ENDORSEMENT SCHEDULE CONTINUED PAGE 3 OF 3 IL8021 04 88 ASBESTOS NOTICE IL8383.2 01 15 DISCL PURSUANT TERRSM RISK INS. ACT 118384 01 08 TERRORISM NOTICE IL8576 09 09 MEDICARE IMPT NOTICE TO POLICYHOLDER 625 Additional Premium Return To be adjusted at Audit wecember 1 2017 Omaha NE Date and Place of Issue Countersigned By Form IL1201 Rev. 1 99 | 2 |
nan nan | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE ENDORSEMENT Policy Period From January 1 2018 To January 1 2019 POLICY NUMBER 4N6 19 35 19 Named Insured Watt Electric Company Endorsement Effective Date January 1 2018 EMC Insurance Companies Employers Mutual Casualty Company Dakota Fire Insurance Company EMCASCO Insurance Company Illincis EMCASCO Insurance Company Union Insurance Company of Providence EMC Property Casualty Company Hamilton Mutual Insurance Company Coverage Provided by the Company Designated X Above CHANGES WORDING FOR FORMS CG2010 AND CG2037 NY OR ALL PERSONS OR ORGANIZATIONS SUBJECT TO A WRITTEN CONTRACT REQUIRING.DDITIONAL INSURED STATUS EXCEPT WHERE THE CONTRACT REQUIRES COVERAGE TO BE PRIMARY AND NON CONTRIBUTORY.. Additional Premium Return To be adjusted at Audit Countersigned By ecember 1 2017 OMAHA NE Date and Place of Issue Form IL1201 Rev. 1 99 | 2 |
nan nan | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE ENDORSEMENT POLICY Policy Period From January 1 2018 To January 1 2019 NUMBER 4N6 19 3519 Named Insured Wiatts Electric Company Endorsement Effective Date January 1 2018 EMC Insurance Companies X Employers Mutual Casualty Company Dakota Fire Insurance Company EMCASCO Insurance Company Ilinois EMCASCO Insurance Company union Insurance Company of Providence EMC Property Casualty Company Hamitton Mutual Insurance Company Coverage Provided by the Company Designated X Above CHANGES Composite Rating Plan Endorsement Itis agreed the estimated premium rate exposure and minimum premium for the insurance afforded by the policy are shown in the schedule below. The advance premium is as stated in the declarations of the policy.. ne annual eamed premium for the commercial General Liability policy shall be determined by applying the rate as shown below to each 1000 of Annual Gross Sales. SCHEDULE Estimated Annual Remuneration Rates Estimated Annual Premiums Per 100.00 Work Comp Payroll 4974807 T O Premises Operations 1.280 Products Compl. Ops 0.285 63322.00 14111.00 62500 Terrorism 625.00 Additional Premium 78058.00 Retum To be adjusted at Audit Countersigned By December 1 2017 Omaha NE ate and Place of Issue Form IL1201 Rev. 1 99 | 2 |
nan nan nan | 2 |
POLICY NUMBER 4N6 19 35 COMMERCIAL GENEEABLJEIQDBIII THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible SCHEDULE Coverage Amount and Basis of Deductible PERCLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability 2500 OR Bodily Injury Liability andor Property Damage Liability Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused Amount and Basis of Deductible PERCLAIM or PER OCCURRENCE 2500 A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person be cause of bodily injury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person be cause of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of serv ices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. CG 03000196 Copyright Insurance Services Office Inc. 1994 Page 1 of 2 | 2 |
2. PER OCCURRENCE BASIS. If the deductible amount indicated In the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property dam age or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regard less of the number of persons or organizations who sustain damages because of that occur rence C. The terms of this insurance. including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deducti ble amount. D. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and. upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. Page 2 of 2 Copyright insurance Services Office Inc. 1994 CG 03 000196 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISCLOSURE DOES NOT ggg COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER SCHEDULE Terrorism Premium Certified Acts 625.00 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations.. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. For losses occurring in 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. Beginning on January 1 2016 the federal share will decrease by one percentage point per calendar year until equal to 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion.. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. federal Terrorism Risk ed to provide you with a of your premium if any terrorism acts certified urance Act The portion The following is required as part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. 1L8383.21 15 Page 1of 1 | 2 |
nan nan nan | 2 |
cournt on g INSURANCE Understanding the Premium Audit Process A premium audit is an examination of your business operations and records that helps determine the correct exposure or premium base for the insurance coverage provided. This helps us make sure the cost of your insurance coverage is fair and equitable. How It Works When your policy is issued the premium is based on an estimate of an adjustable exposure base such as payroll gross sales receipts or total cost. Shortly after the end of a policy period An auditis completed to determine your actual exposure The audit information is summarized and further reviewed for accuracy and adherence to manual rules The final premium is calculated and reported to you on the Premium Audit Statement which indicates whether areturn premium is owed to you or an additional premium is due to EMC The premium audit process makes sure your insurance premium is appropriate and verifies the proper classification of your business and operations. Types of Audits Depending on premium size and class of business a premium audit can be completed through mail by phone or in person. Mail Audit for small accounts Aform with instructions will be mailed to you to complete and return. Phone Audit for small to midsized accounts Arepresentative from an independent audit company will send out a form and follow up with a phone call o go over the documents and verify that everything was completed correctly. Physical Audit for larger accounts Arepresentative from EMC Insurance Companies or an authorized independent audit firm wilt conduct an audit atyour business premise or accountant s office. The auditor will notify you of the audit appointment by mail or phone. Preparing for Your Premium Audit We complete premium audits on workers compensation general liability commercial auto and garage liability policies. During the premium audit process your records are reviewed to determine the correct exposure. The records needed to complete an audit include Journals Tax reports Certificates of insurance Financial statements Ledgers Individual payrolf records Job cost records | 2 |
Keeping accurate and detailed records makes the audit process rmuch aasier and aliows you 1o take advanizgs of sertain allowable credits or exclusions. A comprehsasive cescriotion of your business operations and a detailed explanation of the job duties of each employee will also be necessary. When preparing for your audit the following tips may help yuu racuce your insurance costs Overtime In most states the amount paid in excess of straight time can be deducted if proper payroli r00rds are maintained Qvertims must be shown separately by erd e surimary by classification of wiork Division of an individual employee s payroll to mora than ane properly assigned classification is permitted in some cases. Propar gayral records hatwearn the different classifications must be maintained. Ifyou do not keep a proper breakdawn the entirg payroll is assigned to the highest rated classification applicabie to the employee. An estimated or percentage allocation of payroll is notafiowad. Subcontracter Hfyou have subcontractors working for you obtain avalid copy of a current Cartificate of lasurance from each subcontractor for workars compensation and general liability. Under mostworkers compensation faws you will be fiel responsible when an uninsured subcontractor s employee is injurad. You imay also be responsible for 2 subeontractor switheut empleyaes 7 ihe work baing dora closaly esambies that of an empicy2e. Subcentractors withaut proof of insurance are treated as employees in mast cases. EMC strives to make the premium audit process a positive experience by conducting it professionally accurately and affici aking the apprapriate records availacle atthe time of the audit will help the process run smoothly. We encorrage vou te ask questions during the audit 2 2tion. if you have addizional questicns regarci the audit process contact your local independent insurance agent. Count on EMC Organized in 1911 to write workers compensation protection in lowa EMC Insurance Companies is now one of the top 50 property casualty organizations in the United States and is one of the largest in lowa based on net written premium. With more than 100 years of experience we ve proven our customars can Caunt on EMC. Learn More Tolearn more about the pramium audit pracess contact your insurance agent. To learnmore about the EMC Insurance Companies WWW.emcins.com E pramium audit pracess 717 Mulbsiry Street m u E. INSURANCE contact your insurance agent Des Moines A 50309. 800 447 2255 513 280 2511 This brochure is onty an outline of generalinsuranze principles. Itis not iotended to superseda any definitions or conditions contained in your 3al CopyrightEmployers Mutual Casualty Company 2015. A righs resarved. MKB435 10 15 WWW.emcins.com in fvo ANEMC INSURANCE | 2 |
COMMERCIAL GENERAL LIABILITY QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE COVERAGE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured And Mailing Address Policy Period Description Of Business And Location Coverages And Limits Of Insurance SECTION COVERAGES Coverage A Bodily Injury And Property Damage Liability Coverage B Personal And Advertising Injury Liability Coverage C Medical Payments Supplementary Payments SECTION Il WHO IS AN INSURED. SECTION Il LIMITS OF INSURANCE............ t SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptey.... Insuring Agreement Exclusions............... coiiii o Insuring Agreement....... EXCIUSIoNs......o. Insuring Agreement............ Exclusions............. oo it Duties In The Event Of Occurrence Offense Claim Or Suit..... Legal Action Against Us... Other insurance Premium Audit... Representations....... Separation Of insureds.. Transfer Of Rights Of Recovery Against Others To Us. When We Do Not Renew SECTION V DEFINITIONS........ COMMON POLICY CONDITIONS Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS If Any Beginning on Page Page 1of1 CG70031 14 | 2 |
nan nan nan nan nan | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obiigation or liability to pay sums or perform acts or services is covered uniess explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 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 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring. employment. training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing. selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcohoiic 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 eise who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract 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 liabiity in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute. ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. 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 poliutants 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 ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fiuids 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 refease of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or ifi 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 poliutants CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
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 few or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 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. cut 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 personnei or other agents or Insurrection rebeflion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent. or occupy. including any costs or expenses incurred by you or any other person organization or entity for repair. replacement. enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon. if the property damage arises out of any part of those premises 3 Property loaned to you 3 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove. contain treat detoxify or neutralize or in any way respond to or assess the effects of. pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership. maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negiigence or other wrongdoing in the supervision hiring employment training or monitoring of cthers 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 o 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 Liabilty assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 8 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 particutar 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 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD 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 inciuding any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting. recording sending transmitting. communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section 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 cr seftlements 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 explicitty provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Polilcy Period Personal and advertising injury arising out of oral or written publication. in any manner. of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liabllity Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods. products or services to conform with any statement of quaiity or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 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 behaff of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. CG00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits examination at our expense. reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical. X ray and dentai services including prosthetic devices and 3 Necessary professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupled Premises To a person injured on that part of premises you own or rent that the person normally occupies. by physicians of our choice as often as we ambulance hospital d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing. instructing or participating in any physical exercises or games sports. or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A ANDB 1. We will pay. with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bedily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. Ail reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual ioss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However. these payments do not include attorneys fees or attomeys expenses taxed against the insured f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office. Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable fimit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the Psuit s c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are aiso insureds but only with respect to their duties as trustees. 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 fimited 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 cf 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 Arising out of his or her providing or faiing 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 d 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 tc 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 lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardiess of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. ustody or cal control 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 A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations uniess 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 claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable.. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or seftiement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. 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 asuit 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. 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 fimited 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 afso primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over. a Any of the other insurance. whether primary excess contingent or on any other basis i That is Fire. Extended Coverage Builder s Risk Installation Risk or similar coverage for your work if That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess. we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends. we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance. we will pay only our share of the amount of the loss if any. that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We wilt share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares. we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the ioss remains. whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation. and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete CG 00010413 Insurance Services Office Inc. 2012 Page 12 of 16 | 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 ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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. 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. Al 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 responsibilty to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. iy GOSglied 1 e Named Insured this sured were the only 2d against whom claim ht. very Against Others recover all or part of under this Coverage nsferred to us. The r loss to impair them. d will bring suit or and help us enforce is Coverage Part we first Named Insured written notice of the 30 days before the CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement. Any easement or license agreement except in connection with censtruction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance. to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement. 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 faiing to prepare or approve maps shop drawings opinions reports surveys. field orders change orders or drawings and specifications or b Giving directions or instructions. or failing to give them. if that is the primary cause of the injury or damage or 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 faiiure to render professional services including those fisted in 2 above and supervisory. inspection architectural or engineering activities. e 2 3 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handiing of property a. After it is moved from the place where it is accepted for movement inte 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 inciude the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles. including any attached machinery or equipment a. Bulldozers. farm machinery forkiifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelied or not maintained primarily to provide mobility to permanentiy mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b.. 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 welt 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. i VRV e TR agreement except in iction or demolition feet of a railroad ed by ordinance to except in connection y agreement ontract or agreement iness including an CG00010413 Insurance Services Office Inc. 2012 Page 14 of 16 | 1 |
1 Equipment designed Primarily for Snow removal b Road Maintenance pyt not construction Or resurfacing or c Street cleaning 2 Cherry Ppickers and similar deviceg mounted on automobile or truck chassis and used to raise or lower workers and Spraying welding building Cleaning geophysica Exploration lighting and welj Servicing equipment Compulsory or financial responsibility fay or other motor vehicle insurance jay are considered autos 13. Occurrence means an accident including continuous or repeated exposure to subsranally the same generg hammfu conditions. c. The wrongful evicngn from wrongful entry into a room dwelling or premises that g person OCcupies Committed by or on behalf of jts. Oral or written Publication jn any manner of Mmaterial that violates g person s right of privacy g. lnfringing upon another s copyright trade dress or slogan in your advemsemenr. 15.Pollutants Mean any solid liquid gaseous or thermal irritant or Contaminant including Smoke vapor soot fumes acids alkalis chemicals anq waste. Waste includes Materials to be recycled reconditioned or reclaimed WOrk calleq for in your b When ayf of the work to be done gt the been Completed if your contract calls for Work at more than one c When that part ofthe work done at 5 Jjob another contractor o working on the Same project Work that may neeq Service maintsnance Correction repair o replacement by which Is otherwise Complete will pe treated ag leted b. Does not include bodily injury o propsrty damage arising out of 1 The transportation of Property ynjegs the injury or damage ariseg Out of g Condition in You and that condition wag 2 I ading or unloading of that Vehicle by any Sured insuj 2 The existence of tools Uninstalleq equipment o abandoneg Or unuseq Materials or 3 Products Or operationg for which the classication listed in the Declarationg orin a policy Schsdule states that Products Completed Operations arg Subject o the physically injured. Ajj such loss of use shall pe deemed to OCCUr at the time of tpe it. For the Purposes of this insursnce electronic data is not tangible Property. THEIPment but wil a C C rimarily for but not Construction lar deviceg mounted chassis and used to and S and generators welding puiiging Xploration ligming nent. does not include ctto a Compuisory c or other motor it is licenseq or les Subject to a bility faw or other are considered W co ident inclydin Is to Substantiafly cof ns. b. Does means injy damag ury arising oyt 1 The nses injui onment or you loac aful entry into insuy Occupancy of 2 The that a person equip behalf of jts mater 3 Prog Y manner of dasil person or a pol person s o compl services b CG 0001 04 13 Insurance Services Office Inc 2012 Page 15 of 16 | 1 |
As used in this definition. electronic data means information. facts or programs stored as Of on or transmitted to of from systems an applications software hard of fioppy disks. CcD ROMs tapes. drives cels. i devices or any other media which are used with electronically controlied equipment. 48.Suit means civil prooeeding in which damages pecause of podity injury property damage of pelsonal and advertising injury to which this insurance applies are alleged. gyt includes a. An arbitration proceading in which such damages are claimed and 10 which the insured must submit of does submit with our consent or b. Any other alternative dispute resolution pwceedng in which such are dai claimed and to which the insured submits with our consent. 19.Temporary worker means 2 person who is furnished to you to substitute for a permanent employee 00 leave of to meet seasonal of short term workload conditions. 20.Volunteer worker means person Who is not your vemployee and who donates his of her work and acts at the direction of and within the scope of duties determined by you and is not paid fee salary of other com ation by you of anyone else for their work peormed for you. 21.Your product a. Means 1 Any goods of products other than real property manufactured. soid handled distributed or disposed of by a You b Others trading under your name or A person Of organization whose pusiness OF assets you have acquired and 2 Containers other than vehicles. materials. rts or equlpmen furnished in connection with such goods of products. b. Includes U Warranties Of represematlons made at any time with respect to the finess. quality durability. performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does rot include vending machines or other property rented to of jocated for the use of others but not sold. 22.Your work a. Means Work of operations perfonned py you or on your pehalf and 2 Materials. parts of eqmpmem furnished in connection with such work of operations. b. Includes Warranties of representations made at any time with respect t0 the fitness. quality durability. performance or use of your work and 2 The providing of or failure 1o provide warnings of instructions. G 00010413 Insurance Services Office. Inc. 2012 Page 16 of 16 | 1 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.