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ASBESTOS NOTICE The Asbestos Exclusion attached to this policy clarifies our intent not to provide this coverage. It should be noted that by virtue of the Pollution Exclusion little if any coverage is thought to have existed previously. Involvement with asbestos exposures should be directed to highly skilled asbestos contractors andor consultants that have specialized insurance programs. EMC Insurance Companies Form 1L8021 Ed. 4 88 | 2 |
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SEMC INSURANGE NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. If certified acts of terrorism coverage is provided each policy will include a disclosure which will identify when there is a specific premium charge for certified acts of terrorism. You may have the option to reject this certified acts of terrorism coverage. For additional information please contact your agent. please 1LB38401 08 Page 10f1 | 2 |
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COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim or attempt to settle a claim on your own you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 MMSEA P.L.110 173 go to www.cms.hhs.govMandatoryinsRep or consult with your attorney. 1L85769 09 Page10f1 | 2 |
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FIRST MERCURY INSURANCE COMPANY ASTOCK COMPANY STATUTORY HOME OFFICE 200 SOUTH WACKER DRIVE SUITE 2390 CHICAGO IL 60606 ADMINISTRATIVE OFFICE 26600 TELEGRAPH RD. SOUTHFIELD MI 48033 GENERAL LIABILITY POLICY DECLARATIONS Serviced by CoverX Specialty POLICY NUMBER IL CGL0000044657 01 RENEWAL OF NEW NAMED INSURED AND MAILING ADDRESS BROKER NAME AND ADDRESS Kinseth Construction Services LLC R T Specialty LLC Kansas City 808 Hwy 18 East PO Box 25 1100 Walnut Street Suite 3200 Clear Lake IA 50428 Kansas City MO 64106 POLICY PERIOD From 6172014 To 6172015 AT 1201 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE Defense Costs are outside the limits of Liability Each Occurrence Limit 1000000 Employee Benefits Liability Excluded Personal Advertising Injury Limit 1000000 Employee Benefits Aggregate Limit Excluded General Aggregate Limit 2000000 Liquor Liability Limit Excluded Products Completed Operations Aggregate Limit 2000000 Liquor Liability Aggregate Excluded Damage To Premises Rented To You 50000 Medical Payment Limit Excluded Employee Benefits Liability Excluded Employee Benefits Aggregate Limit Excluded Liquor Liability Limit Excluded Liquor Liability Aggregate Excluded RETAINED LIMIT See form FMIC GL 2015 0114 PREMIUM COMPUTATION Premium 23700 Inspection Fee 250 Coverage for certified acts of terrorism has been rejected exclusion attached. X Per TRIA Disclosure Notice. DEPOSIT PREMIUM 23700 DESCRIPTION OF BUSINESS Contrs sub work in connect w cnstr recnstr repair or erection of bldg FORM OF BUSINESS INDIVIDUAL PARTNERSHIP ORGANIZATION INCLUDING A CORPORATION BUT NOT JOINT VENTURE LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED X LIMITED LIABILITY COMPANY LIABILITY COMPANY ENDORSEMENTS ATTACHED TO THIS POLICY See Schedule FMIC END Schedule of Forms and Endorsements This policy is issued pursuant to lowa Code section 515.120 by a nonadmitted company in lowa and as such is not covered by the lowa Insurance Guaranty Association. Inspection Fee 250 RSHIP A ADA NI nan nan nan nan 11.0 1.0 IMPORTANT Please carefully examine your policy as it may contain significant coverage modifications or exclusions. If this policy is a renewal it may not contain the same precise terms and conditions as the prior policy. Date 6302014 Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. FMIC GL DS0001 1210 NO FLAT CANCELLATIONS | 2 |
EXTENSION OF DECLARATIONS Policy Number IL CGL0000044657 01 Location of Premises 1 6620 STAGECOACH DRIVE WEST DES MOINES IOWA 50266 Classification and Premium Exposure Basis Exposure Amr Subcontracted Cost 7900000 Exposure Amount 7900000 Rate Deposit Premium 3.0000 Per 1000 23700 of Subcontracted subject to 23700 Cost minimum premium FMIC GL DS EXT 1210 | 2 |
Insured Kinseth Construction Services LLC Policy Number IL CGL0000044657 01 SCHEDULE OF FORMS AND ENDORSEMENTS other than applicable forms shown elsewhere in the policy Forms and Endorsements applying to and made part of this policy at the time of issuance CG 0001 1207 COMMON POLICY CONDITIONS IL.00 17 1198 COMMERCIAL GENERAL LIABILITY COVERAGE FORM FMIC LEGAL 0414 SERVICE OF SUIT CG 00 68 0509 CG 20 10 0413 CG 20 37 0413 CG 2135 1001 CG 21 44 0798 CG 2147 1207 CG 21 49 0999 CG 2154 0196 CG 2167 1204 CG 2186 1204 CG 22 43 0798 CG 24 04 1093 CG 24 26 0413 RECORD AND DISTRIBUTE OF MATERIAL IN VIOLATION Al OWNERS LESSEES OR CONTRACTORS SCHED PERSON ORG Al OWNERS LESSEES OR CONTRACTORS COMP OPS EXCLUSION COVERAGE C MEDICAL PAYMENTS LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCLUSION ENDORSEMENT EXCL DESG OP COVERED BY CONSOLIDATED WRAP UPS FUNGI OR BACTERIA EXCLUSION EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EXCL ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS AMENDMENT OF INSURED CONTRACT DEFINITION FMIC GL 2009 0514 SPECIAL CONDITIONS FOR SUBCONTRACTORS INCL DED FMIC GL 2010 FMIC GL 2011 FMIC GL 2015 FMIC GL 2077 FMIC GL 2088 FMIC GL 2138 FMIC GL 2163 FMIC GL 2172 FMIC GL 2203 FMIC GL 2337 IL 00 21 0908 0512 0711 0514 0812 EXTENDED REPAIR WORK COVERAGE ENDORSEMENT NUCLEAR ENERGY LIAB EXCL ENDST 0114 CROSS SUITS ENDORSEMENT 0411 CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL 0114 POLICY DEDUCTIBLE ENDORSEMENT 0411 0212 0812 EXTENSION OF COVERAGE PRODUCTS COMPLETED OPS HAZARDOUS MATERIALS EXCLUSION EXCLUSION PUNITIVE OR EXEMPLARY DAMAGES MINIMUM EARNED PREMIUM ENDORSEMENT EXCLUSION OF TERRORISM BASIS OF PREMIUM ENDORSEMENT FMIC CLAIM NOTIFICATION 122006 Schedule FMIC END 1210 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 0001 1207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 3 CG 00011207 1SO Properties Inc. 2006 Page1 of 16 | 0 |
e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed ina contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that partys defense has aso been assumed in the same insured contract and Such altome 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. b c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribuon or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employmentby the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. CG 00011207 1SO Properties Inc. 2006 Page2 of 16 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does notapply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Ator from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Anyinsured or ii Any person or organization for whom you may be legally responsible or c d At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty 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 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a buildng 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 acontractor or subcontractor or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00011207 1SO Properties Inc. 2006 Page3 of 16 | 1 |
2Any 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 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 clam or suit by or on behalf of a govemnmental 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 acharge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or b utof any r or statutory or hat any insured iitor clean up t detoxify or y respond to or llutants or on behalf of a for damages or monitoring g containing eutralizing or in or assessing the es not apply to 1se of property ould have in the emand order or rement or such n behalf of a age arising out ance use or ircraft auto or by or rented or ludes operation if the claims ligence or other ision hiring ring of others by which caused perty damage enance use or ircraft auto or operated by or o n premises you that is nd rry persons or 1 the ways next nt provided the ented or loaned any insured maintenance or or 3 5 Budlly injury or property damage arising out of The operaton 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 in the state where it is licensed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f2 or f.3 of the definition of mobile equipment. b 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 damageto 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 Propertyloaned to you 4 Personal property in the care custody or control of the insured 1SO Properties Inc. 2006 Page40f 16 CG 00011207 Page40f 16 | 1 |
5That particular partof real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 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 ofit 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. 6. 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 init.. 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. 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.. Distribution Of Material In Violation Of Statutes 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 or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. CG 00011207 1SO Properties Inc. 2006 Page50f16 | 1 |
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 claimor suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll 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 setlements 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 butonly 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 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 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. 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 trace dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose businessiis 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or CG 00011207 1SO Properties Inc. 2006 Page 6 of 16 | 1 |
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 atany time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising directly or indirectly out of any action or omission thatviolates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodly injury caused by an accident 1 On premises you own or rent 2 On ways rext to premises you own or rent or 3 Because do your operations provided that 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 examimation at our expense by physicians of our choice as often as we reasorably 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. CG 00011207 1SO Properties Inc. 2006 Page 7 of 16 | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. 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 AND B 1. We will pay with respect to any claim we investigate or setle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to fumish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of eamings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment irterest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. Al 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 cout 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 irsured 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 aginst the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement thatis an insured contract b. This insurance applies to such liability assumed by theinsured c. The obligation to defend or the cost of the defense of tha 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 contol the defense of that indemnitee against such suit and agree that we can assign he same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in witing 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 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 CG 00011207 1SO Properties Inc. 2006 Page 8of 16 | 1 |
bConduct and control the defense of the indemnitee in such suit. So long as the above condtions are met attomeys 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 2b.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 setflements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHOIS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. g 2. Each ofthe following is also an insured a. Your volunteerworkers 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 bisiness 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 Paragraphs 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 c CG 00011207 1S0 Properties Inc. 2006 Page 9 of 16 | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown asa Named Insured in the Declarations. SECTION lIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay 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. 3. The Products Conpleted 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 Paragrgph 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 Qccurrence Limit is the most we will pay for the sumof 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 he 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 sustaned 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 insdvency 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 CG 00011207 1SO Properties Inc. 2006 Page 100f 16 | 1 |
3The 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 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action AgainstUs 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 settiement 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 setiement means a setfement and release of liability signed by us the insured and the claimant or the claimants legal representative. 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 wil share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primarl 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 by attachment of an endorsement. 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. Inc. 2006 Page110f16 CG 0001 12 07 1S0 Properties Inc. 2006 | 1 |
3When this insurance is excess over other c. We insurance we will pay only our share of the your amount of the loss if any that exceeds the 7. Separat sum of Exceptw a The total amount that all such other insurance would pay for the loss in the grg er gg absence of this insurance and insuranc b The total of all deductible and self a. As if insured amounts under all that other Name insurance. b. Seps 4 We will share the remaining loss if any is r1a with any other insurance that is not described in this Excess Insurance 8. Transfe provision and was not bought specifically to To Us apply in excess of the Limits of Insurance If the in shown in the Declarations of this Coverage any payr Part. Part the c. Method Of Sharing insured N. At our If all of the other insurance permits contribution transfer by equal shares we will follow this method them. also. Under this approach each insurer contributes equal amounts until it has paid its 9. WhenW applicable limit of insurance or none of the loss If we dei remains whichever comes first. will mail If any of the other insurance does not permit shown il contribution by equal shares we will contribute nonrene by limits. Under this method each insurer s expiratio share is based on the ratio of its applicable If notice limit of insurance to the total applicable limits of proof of ns.urance of all insurers. SECTION V 5. Premium Audit 1. Adverti a. We will compute all premiums for this or publ Coverage Part in accordance with our rules market and rates. services b. Premium shown in this Coverage Part as supporte advance premium is a deposit premium only. a. Notic At the close of each audit period we wil place compute the earned premium for that period mear and send notice to the first Named Insured. b. Rega The due date for audit and retrospective.. ite premiums is the date shown as the due date gvk on the bill. If the sum of the advance and audit custo premiums paid for the policy period is greater advel than the earned premium we wil return the.. excess to the first Named Insured. 2. Autom c. The first Named Insured must keep records of a. A la the information we need for premium desig computation and send us copies at such imes any as we may request. b. Any 6. Representations COrF By accepting this policy you agree Svtheerr a. Zzzurafteaiengig Ilente the Declarations are Howeve al plete equipme b. Those stattments are based upon representations you made to us and CG 00011207 1SO Properties Inc. 2006 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 againstwhom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover al or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nathing 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 aout 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 in the state where itis licensed or principally garaged. However auto does not include mobile equipment. Page 120f 16 | 1 |
. 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. aboveor 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 teritory described in Paragraph a. above 2 The activities of a person whose home is in the teritory described in Paragraph a. above but is away for a short time on your businessor 3 Personal and advertising injury offenses that take place through the Internet or similar el ectronic 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 by laws 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 usedor 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 oragreement 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. 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. Asidetrack agreement c. Any easement o license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any rairoad bridge or trestle tracks roadbeds tunnel underpass or crossing That indemnifies an architect engineer or surveyor forinjury 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 spedfications or b Giving drections or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 CG 00011207 1SO Properties Inc. 2006 Page 130of 16 | 1 |
10.Leased worker means a person leased to you by 1 1 oy N a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto.. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or nextto premises you own or rent c. Vehicles thattravel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes showels 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. 13. 14 However selfpropelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipmentdesigned primarily for a Snow removal b Road mantenance but not construction or resurfacing or c Streetcleaning 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 generafors 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 in the state 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 landlordor 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 ancther s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in you advertisement. CG 00011207 1SO Properties Inc. 2006 Page 140f 16 | 1 |
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. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 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 i d gaseous or icluding smoke chemicals and to be recycled izard and property 1 premises you your product or your physical n completed or r work will be earliest of the alled for in your eted. be done at the npleted if your t more than one rk done ata job ntended use by tion other than subcontractor ject. e maintenance ment but which be treated as y or property erty unless the of a condition in or operated by created by the t vehicle by any s uninstalled d or unused for which the eclarations or in that products subject to the perty including at property. All med to occur at at 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 d this insurance electronic data is not tangible property. As used in this definifion 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 contraled 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 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 1SO Properties Inc. 2006 Page 150f 16 CG 00011207 Page 150f 16 | 1 |
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 fumished 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. CG 00011207 1SO Properties Inc. 2006 Page 160f 16 | 1 |
IL00 171198 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. Wehave the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations.. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. sements between you ce afforded The stt 1L0017 1198 Page1of1 Copyright Insurance Services Office Inc. 1998 | 2 |
SERVICE OF SUIT The Company agrees that in the event of its failure to pay any amount claimed to be due hereunder the Company at the request of the Insured will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. The Company hereby designates the Commissioner Director or Superintendent of Insurance or other officer specified by law for that purpose or his successor or successors in office or the person designated below in the space indicated as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Insured arising out of this contract of insurance. It is further agreed that the Company shall abide by the final decision of any court having jurisdiction in which such action is filed or by the decision of any appellate court in the event of an appeal. Upon receipt of process served hereunder the Company hereby designates Wendy Drum Legal Department 26600 Telegraph Road Southfield Michigan 48033 as the person to whom the officer designated above is authorized to mail such process. In the alternative process may be served upon the authorized agent of the Company whose name and address are FIRST MERCURY INSURANCE COMPANY 26600 TELEGRAPH RD. SOUTHFIELD MICHIGAN 48033 FMIC LEGAL 042014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage 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 additon to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 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 collect ing recording sending transmitting communicating or distribution of material or information. B. Exclusion p. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or additon to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 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 collect ing recording sending transmiting communicating or distribution of material or information. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by CG 00 68 05 09 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations Mills Civic Hotel Associates LLC 2 Quail Creek Cir North Liberty 1A 52317 Information required to complete this Schedule if notshown above will be shown in the Declarations. A. Sectionll WhoIs An Insured is amended to include as an add itional insured the person s or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf inthe performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. Ifcoverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will notbe broader thanthat which you are required by the contract or agreement to provide for such add itional insured. CG20100413 Insurance Services Office Inc. 2012 B. With respectto the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. Allwork including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your wo rk out of which the injury or damage arises has been put to its intended use by any person or organiz ation other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 1 of 2 Quail Creek Cir rth Liberty I1A 52317 Page 1 of 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20100413 Insurance Services Office Inc. 2012 Page 2of 2 | 2 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20370413 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Completed Operations IAs required by written contract signed by both parties lprior to the loss. overage under this endorsement applies only to Commercial onstruction. Commercial Construction means all construction activity that s ot Residential Construction. Residential Construction means all construction activity erformed on townhouses condominiums cooperatives uplexes triplexes fourplexes and single family detached ousing that is intended to be will be or is maintained or sold or the purpose of being used by natural persons as a dwelling. ind includes any associated improvements to real property infrastructure improvements grading excavating utility work oad paving curb or sidewalk work. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the addtional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. CG20370413 Insurance Services Office Inc. 2012 Page 10f 1 | 2 |
POLICY NUMBER IL CGL0000044657 01 COMMERCIAL GENERAL LIABILITY CG 213510 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification All Locations and All Operations If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 2. The following is added to Section Supplementary Payments h. Eaenses incurred the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. With respect to any premises or classification shown in the Schedule 1. Section Coverage C Medical Payments does not apply and none of the references to it in the Coverage Part apply and Loctons and All Operations 2. The following is added to Section Supplementary Payments h. Eaenses incurred the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. CG 21351001 SO Properties Inc. 2000 Page 10f 1 | 2 |
POLICY NUMBER IL CGL0000044657 01 COMMERQAL GENERAL LIABILITY CG 2144 0798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies nsurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises 6620 Stagecoach Drive West Des Moines IA 50266 Project Construction of a 5 story 102 unit hotel building If no entry appears aboe information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage personal and advertising injury and medical expensesarising out of 1. The ownership maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises or 2. Theproject shown inthe Schedule. CG 214407 98Copyright Insurance Services Office Inc. 1997 Page 10f 1 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or 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. CG 21471207 ISO Properties Inc. 2006 Page1of1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2149 09 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 Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any a b Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. CG 2149 09 99 Copyright Insurance Services Office Inc. 1998 Page1of1 | 2 |
POLICY NUMBER IL CGL0000044657 01 COMMERCIAL GENERAL LIABILITY CG 21540196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operations Every project where coverage is being provided under a consolidated or wrap up program If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section 1 Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the Schedule of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. CG 21 54 0196 Copyright Insurance Services Office Inc. 1994 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 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 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 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 consumption. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal 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 threatened 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 concurently 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 reme diating 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 including mold or midew and any mycotoxins spores scents or byproducts produced or released by fungi. aragraph 2. A Bodily 1age which vhole or in alleged or gestion of tence of or cteria on or ncluding its r any other r product y sequence ising out of ng cleaning treating ediating or y any other B. The Excl Pers 2. E PR CG 21 67 1204 ISO Propetties Inc. 2003 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising injury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrication preparation distribution and sale installation application maintenance or repair including remodeling service correction or replacement of any exterior insulation and finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the substrate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 I1SO Properties Inc. 2003 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 224307 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. 2. Supervisory Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and inspection engineering activities. architectural or CG 22430798 Copyright Insurance Services Office Inc. 1997 Paget1of 1 | 2 |
POLICY NUMBER IL CGL0000044657 01 COMMERCIAL GENERAL LIABILITY CG 24041093 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Alarme ad Pasonm me e o o moe Name of Person or Organization Mills Civic Hotel Associates LLC 2 Quail Creek Cir North Liberty 1A 52317 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24041093 Copyright Insurance Services Office Inc. 1992 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Definitions section is replaced by the following Insured contract means Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a munidpality e. Anelevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any rairoad 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. CG 24260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL CONDITIONS FOR SUBCONTRACTORS INCLUDING DEDUCTIBLE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended and the following Policy Conditions add ed 1. Certificates of insurance with limits of liability equal to or greater than those provided by this policy underwritten by an insurance company with at least an A7 Best rating as defined by AM Best will be obtained from all subcontractors prior to commencement of any work performed for the insured. Insurance must be maintained during the policy period to coincide with those listed on this policy s declaration page. Note If this policy provides a per location or per project aggregate subcontractor s policy must also provide the same. 2. The insured will obtain hold harmless agreements from subcontractors indemnifying the insured and the owner against all losses for work performed for the insured by any and all subcontractors. 3. The insured will be named as an Additional Insured on all subcontractors General Liability policies using SO Additional Insured endorsements CG2010 or CG2033 for Ongoing Operations and CG2037 for Products Com pleted Operations endorsement or other similar equivalent endorsements. Evidence of compliance must be provided 1o the company during the annual premium audit. Failure to comply with the above conditions will result in the following 1. Additional supplementary premium will be charged at a rate of 7.00 per 1000 of subcontracted costs. The additional supplementary premium is in addition to any premium from all other rating bases. 2. A deductible of 25000ill also apply for any losses that is the result of subcontractor s operations. This deductible is applicable only to losses that is due to subcontractor s operations. Any other deductible listed on the policy declarations or found in any policy endorsement remains as scheduled. Commercial General Liability coverage maintained by subcontractors shall be primary and this policy shall be excess of limits of liability of such insurance not withstanding the language of the Other Insurance provisions o this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2009052014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS SUITS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE P ART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions COVERAGE D PROFESSIONAL LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the following is added CROSS SUITS EXCLUSION This Policy does not apply to a claim demand or suit for damages initiated alleged or caused to be brought about by a Named Insured covered by this Policy against any other Named Insured. It is the intent of this exclusion to exclude from this insurance all claims demands o sits as above described. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy urless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Countersigned by Authorized Representative FMIC GL2010012014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE P ART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART It is agreed under Section COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement Paragraph b 3 and d are deleted in their entirety and the following exclusion is added to Section I 2. Exclusions of this policy. This insurance does not apply to 1. Any damages arising out of or related to bodly injury or property damage whether such bodily injury or property damage is known or unknown a which first occurred in whole or in part prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b which are or are alleged to be in the process of occurring as of the inception date of the policy or the retroactive date of this policy if any whichever is earlier even if the bodily injury or property damage continues during this policy period or c which were caused or are alleged to have been caused by the same conditions or defective construction which first existed prior to the inception date of this policy. 2. Any damages arising outof or related to bodily injury or property damage whether known or unknown which are in the process of adjustment settlement or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. We shall have no duty to defend any insured against any loss claim stiit or other proceeding alleging damages arising out of or related to bodily injury or property damage to which this endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2011042011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE AMOUNT AND BASIS OF DEDUCTIBLE PER CLAIM PER INJURY 5000 PER CLAIM PER OCCURRENCE 5000 PER OCCURRENCE COVERAGE A BODILY INJURY LIABILITY OR PROPERTY DAMAGE LIABILITY OR BODILY INJURY LIABILITY AND OR PROPERTY DAMAGE LIABILITY COMBINED COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE C MEDICAL PAYMENTS PER OCCURRENCE A Our obligation under the Bodily Injury Liability Property Damage Liability Personal and Advertising Injury Liability or Medical Payments Coverages to pay damages and Supplementary Payments on your behalf applies only o the amount of damages and Supplementary Payments in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. Your policy may have a deductible amount on either a per claim a per occurrence or a per injury basis. Your deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined or d. Under Supplementary Payments Coverages A and B to all amounts we pay in the defense and investigation of any claim or suit to which this insurance applies e. Under Medical Payments Coverage C to all damages sustained by any one person because of bodily injury as the result of any one occurrence. It damages are claimed for care loss of services 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 includes an organization. FMIC GL2015012014 Page 10f 2 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 damage c. 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 or d. Under Supplementary Payments Coverages A and B to all amounts we pay in the defense and investigation of any claim or suit to which this insurance applies. e. Under Medical Payments Coverage C to all damages sustained by any one person because of bodily injury as the result of any one occurrence regardiess of the number of persons or organizations who sustain damages because of that occurrence. 3. PER INJURY BASIS. If the deductible amount indicated in the Schedule above is on a per injury basis the deductible amount applies as follows a. Under the Personal and Advertising Injury Liability Coverage to all damages because of personal and advertising injury sustained by any one person or organization as a result of any one injury. b. Under Supplementary Payments Coverages A and B to all amounts we pay in the defense and investigation of any claim or suit to which this insurance applies. The terms of this insurance including those with respect to 1. Ourright and duty to defend the insured against any suits seeking those damages and 2. Yourduties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We atour sole election and option may either 1. Payany part of or all of the deductible amount to effect settlement of any claim or suit or payment of Supplementary Payments. Upon natification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us or 2. Simultaneously upon receipt of notice of any claim or suit or at any time thereafter request you pay or deposit with us all or any part of the deductible amount to be held and applied by us as herein provided. The deductible may not be satisfied by payments made by any additional insured any other insurance or any other insurer unless such payments are made under a policy written specifically to cover the deductible obligations under this policy. Notwithstanding any other provision of this policy or any endorsements thereto including the Separation of Insureds Condition all Named Insureds are jointly and severaly liable to us for payment of the full deductible amounts applicable to any and all claims and occurrences to which this policy may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Page 2 of 2 FMIC GL2015012014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HAZARDOUS MATERIALS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY are amended and the following Exclusion is added This insurance does notapply to Hazardous Materials 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or part but for the actual alleged or threatened discharge ingestion inhalation dispersal seepage migration release or escape of hazardous materials at any time. 2 Any loss cost or expense arising out ofany a Request demand order or statutory or regulatory requirement that any insured or others test far monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of hazardous materials or b Claim or suit by or on behalf of a govemmental 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 hazardous materials. 3 Any obligations to share damages with or indemnify another party whom must pay damages because of injury or damage relating to hazardous materials. 4 Any supervision instructions recommendations wamings or advice given or which should have been given in connection with paragraphs 1 2 or 3 above This exclusion applies whether or not such hazardous materials has any function in your business operations premises site or location. B. SECTION V DEFINITIONS is amended and the following added Hazardous materials means pollutants and materials that are radioactive corrosive oxidizers asphyxiates biohazardous toxic pathogen or allergen substances and organisms lead asbestos silica and materials containing them. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Named Insured Endorsement No. Countersigned by FMIC GL2077042011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PUNITIVE OR EXEMPLARY DAMAGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART LIQUOR LIABILITY COVERAGE FORM This insurance does not apply to any claim for puritive or exemplary damages fines or penalties imposed by law restitution or any damages which are a muttiple of or in addition to compensatory damages including related interest or costs whether or not such damages related interest or costs are characterized as punitive or exemplary damages hereinatter referred to as punitive or exemplary damages. If a suit shall have been brought against the insured for a claim falling within the coverage provided under the policy seeking both compensatory and punitive or exemplary damages then the company will afford a defense to such action however the company shall not have an obligation to pay for any costs interest or damages attributable to punitive or exemplary damages. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2088022012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENSION OF COVERAGE PRODUCTS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Itis agreed that with respect to the Products Completed Operations Hazard the coverage provided by this policy is extended to apply for a period of 10 years Extension Period after the expiration date of the palicy or from the time your work is deemed completed as defined by Commercial General Liability Coverage Form CG 00 01 12 07 Section V Defnitions lem 16.a.2 whichever occurs first. This Extension Period is subject to the following conditions 1. The Products Completed Operations Aggregate limit as stated in the policy Declarations is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard occurring within the entire policy period inclusive of the extension period. 2. The Products Completed Operations Aggregate limit stated in the policy Declarations does not apply separately to any annual period that is part of the Extension Period and does not reinstate or increase the Limits of Liabilty. 3. If prior to the expiration date of the policy this policy is cancelled for any reason no coverage is provided by this extension endorsement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy urless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2138082012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT The following additional policy Conditions supersede any other policy conditions and the Named Insured hereby agrees that the total policy premium and minimum earned premiums due for this policy shall be calculated in accordance with the following Total Policy Premium This policy is subject to a Total Policy Premium which means the premium that is calculated as fdlows 1. The deposit premium as shown in the policy Declarations plus 2. Any premium adjustment by endorsement plus 3. Any additional premium developed by audit. The premium entered on the Declarations page of this policy as DEPOSIT PREMIUM is a provisional premium only and is subject to adjustment in accordance with our rules rates and the Premium Audit provisions of this policy. A. Minimum Earned Premium by Date Certain If the box below is checked and a date filled in where applicable the minimum eamed premium for this policy will be 100 eamed by the specific date referenced in this endorsement and there will be no return of premium if you cancel this policy. After the premium is fully earned. B. Audits and Minimum Earned Premium With regard to audits the DEPOSIT PREMIUM as stated in the policy Declarations can not be reduced due to an audit. Premium adjustments affected as a result of premium audits may be done while the policy is in effect or after the policy is no longer in effect. The due date for audit premiums is the date shown as the due date on the bill. C. Cancellation and Minimum Earned Premium 1. If you cancelthis policy the returm premium will be the lesser of a. 90 of the pro rata uneamed premium or b. 75 of the Deposit Premium. 2. If the Named Insured fails to remit premium payment when due such failure shall be considered a request by the Named Insured to cancel this policy and the return premium will be determined in accordance with C. 1. 3. If we cancel the policy for any reason other than for non payment of premium the minimum earned premium shall not apply. We will return to you the pro rata amount of the unearned premium ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2163052012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF TERRORISM Notwithstanding anything to the contrary contained in the policy or any endorsement attached thereto it is agreed that this insurance does not apply to any injury or damage caused directly by or as a consequence of a certified act of terrorism or other act of terrorism including any action not otherwise excluded under the War and Military Action exclusion that is taken by a government or sovereign power de jure or de facto in controlling preventing suppressing retaliating against or in any way responding to a certified act of terrorism or other act of terrorism. Such injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss even if the act of a certified act of terrorism or other act of terrorism that causes or results in the loss or damage itself is itself a cause of loss that is otherwise insured against under this pdicy. If by reason of this exclusion we allege that any loss or damage under this policy is not covered the burden of proving that such loss or damage is covered shall be upon you. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury environmental damage or erors or omissions as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is cerified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attibutable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian pop ulation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means any violent act that is dangerous or destructive to human life property or infrastructure whether actual or threatened and whether committed by one or more persons acting alone or in connection with any group or organization. The act must not be certified as a certified act of terrorism pursuant to the federal Terrorism Risk Insurance Act and the act must contain one or more of the following criteria a. The act is intended to influence coerce or protest against the actions behavior or policies of any government or sovereign pow er de jure or de facto or any segment of the government or sovereign or b. To further any political ideological economic religious or social aim objective or cause or c. To disrupt any segment of the gobal economy or the economy of any country or political state. It is the intent of this endorsement to exclude from this insurance all clams demands or suits arising from the insurable coverage excluded under this endorsement. There shall therefore be no duty or obligation on our part under this insurance to defend respond to investigate or indemnify anyone including but not imited to you your agents servants or employees or any third parties for any such claim demand or suit. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement foms a part of the Palicy to which attached effective on the inception date of the Policy unless othemwise stated herein. The following infomation is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2172 072011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BASIS OF PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Itis understood and agreed that SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to incl ude the following definitions of basis of premium used for computing premiums for this coverage Gross Sales or Receipts is defined as the gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for All goods or products sold or distributed in the coverage territory as defined in the policy Operations performed during the policy period Rentals during the policy period and Dues or fees during the policy period. PN Only the following items shall be deducted from Gross Sales or Receipts Sales or excise taxes which are collected and remitted directly to a governmental division Credits for repossessed merchandise and products retumed Finance charges for items sold on installment Freight charges on sales if freight is charged as a separate item on customer s invoice and Royalty income from patent rights or copyrights which are not product sales. aRpend Construction Costs is defined as the total cost of all work let or sublet in connection with each specific projectincluding 1. The costof labor materials and equipment fumished used or delivered for use in the execution of the work and 2. Al fees bonuses or commissions made paid or due. Total Cost s defined as the total cost of all work let or sublet in connection with each specific project including 1. The costof all labor materials and equipment furnished used or delivered for use inthe execution of the work and 2. The other costs associated with the execution of the work including office costs and overhead expenses as well as all other fees involved in the completion of the project such as Attomey fees Professional fees Testing Appraisal Marketing and 3. All bonuses or commissions paid or due on the project. Total cost does not include the cost of the land financing and insurance charges and fees for permits. Payroll or Remuneration is defined as the sum of salaries wages tips piece of work commission bonuses overtime board and meals for work performed and excluding excess in accordance with the state pay olllimitation rules. Overtime is defined as hours worked at increased rates of pay in excess of hours normally worked in a given day or week. If there is a guaranteed wage plan which assures employees a given wage for working a specific number of hours per week then the overtime means only the hours worked in excess of that specific amount. If there are records available showing the wages paid for overtime separately which exceed the amount that would have been paid for the same work during normal hours then all such excess wages are excluded. If these records show only the total of wages paid including overtime on a fime and one half basis then one third of those wages should be excluded. If double time is paid for overtime and the total pay for such overtime is recorded separately one half of the total pay for double ime s hall be excluded. Excluded from payroll is remuneration paid to clerical office employees including those whose duties are strictly limited to keeping the insured s books or records conducting correspondence or engaged in clerical work in these areas. Anyone who does not work in the area separated physically by walled floors or partitions from all other work areas of the insured is not considered. An exception 1o this is if the payroll or clerical office employees are specifically included in a classification wording or footnote of the ISO general liability classification. FMIC GL2203052014 Page 1 of 2 | 2 |
Subcontracted Costs is defined as the total costs of all work all labor materials and equipment furnished used or delivered for use in the execution of work that has been contracted by the insured to be performed by an independent party. Tonnage or Sales to Tonnage is defined as the total weight of oilfield pipe and ailfield pipe casing sold by the Insured. Units is defined as the number of persons or items described. Rental Receipts is defined as the gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for rental of equipment. Admissions is defined as the total number of persons other than employees of the named insured admitted to an event or events conducted on the premises whether on paid admission tickets complimentary tickets or passes. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2203052014 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED REPAIR WORK COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Sub paragraph b. 2 of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement is deleted and replaced by the following 2 The bodily injury or property damage occurs during the policy period. However solely with respect to liability for bodily injury or property damage not included in the products completed operations hazard the insurance provided by this policy is extended for an additonal period of ime with respect to liability for bodily injury or property damage arising out of fepair work. This coverage extension will commence at the time of substantial completion of the development construction or improvement of real property on the designated premises or project and will be equal to any express warranty or applicable statue of repose for any claim or suif for such bodily injury or property damage as provided by the controlling law of the jurisdiction where the claim or suit is brought or filed whichever ends earlier. Any such express warranty must be in effect before the occurrence of any such bodily injury or property damage arising out of the repair work and the repair work must be performed by a licensed contractor enrlled in the project. Any bodily injury or repair work subject to this coverage extension will be deemed to have occurred on the expiration date of this Policy. SECTION Ill LIMITS OF INSURANCE is amended with respect to the coverage provided by this endorsement as follows The Limits of Insurance for this Policy continue to apply as stated in the policy declarations. Coverage provided by this endorsement does not provide additional limits increase or reinstate any General Project Location or Policy Aggregates that may be appicable to the Policy. SECTION V DEFINITIONS is amended with respect to the coverage provided by this endorsement and the following added Enrolled means the authorized participaiion in the Owner Controlled Insurance Program for the project designated in the Policy as confirmed by and commencing at the earlier of the following 1. The signing of a written contract or agreement by a Named Insured for work that is part of the project designated in this Policy if such contract or agreement stipulates enrollment or 2. The issuance of a certificate evidencing enrollment by the sponsor or organizer of the project or by someone authorized by the sponsor or organizer to issue such certificates. Substantial completion means whichever occurs first 1. The Date of the final inspection by the applicable public agency. 2. The date of recordation of a valid notice of completion. 3. The date of use or occupancy of the construction project or improvement. 4. One year after termination or cessation of work on the construction project. Repair work means the repair correction or replacement of your work that is performed aiter the time that your work is deemed substantially completed and pursuant to the requirements of an express warranty or statue authorizing such work. Express warranty means a written contract between the insured and the owner of the project to provide repair or replacement for covered components of your work for some specified time period. In no case will this express warranty be longer then the applicable statue of repose as provided by the controlling law of the jurisdiction where the designated project is located. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless othenwise stated herein. The following information is required only when this endorsement s issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2337082012 | 2 |
IL 0021 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the 2 policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom Mutual Atomic Energy Liability Underwriters 2 The nuclear material is contained in spent Nuclear Insurance Association of Canada or fuel or waste at any time possessed any of their successors or would be an handled used processed stored insured under any such policy but for its transported or disposed of by or on behalf of termination upon exhaustion of its limit of an insured or liability or 3 The bodily injury or property damage Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. jury 1L 00 21 09 08 ISO Properties Inc. 2007 Page1of2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 SO Properties Inc. 2007 IL 00210908 | 2 |
CLAIM NOTIFICATION Send all claim notifications and information to First Mercury Insurance Company P.O. Box 5096 Southfield Michigan 48086 Or 26600 Telegraph Rd. Southfield MI 48033 Or Faxto First Mercury Insurance Company Attn Claim Department Fax Number 248 357 5036 Or Email to Claimsfaxfirstmercury.com This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. FMIC Claim Notification 122006 | 2 |
ef COVERXSPECIALTY A member of the Crum Forster Enterprise 26600 Telegraph Rd. Southfield MI 48033 P.O. Box 5069 Southfield MI 48086 06302014 Re Kinseth Construction Services LLC IL CGL0000044657 01 THANK YOU FOR THE ORDER PLEASE REVIEW THIS POLICY CAREFULLY. THE COVERAGES AND TERMS OF THE POLICY MAY DIFFER FROM THOSE REQUESTED IN YOUR APPLICATION AND OR YOUR EXPIRING POLICY. PLEASE REVIEW AND ADVISE US IMMEDIATELY IN WRITING OR VIA FAX IF YOU HAVE ANY CHANGES TO THIS POLICY. Telephone 1 800 762 6837 Fax 1 248 358 2459 | 2 |
A DELIVERY INVOICE TRAVELERS e e e Company TRAVELERS PROPERTY CASUALTY CO. OF AMERICA Policy Inception Effective Date 060120 Agency Number 1501183 DIGITAL ALLY INC i. 9705 LOTRET QLVD Transaction Type LENEXA KS 66219 RENEWAL OF POLICY Transaction number 001 Processing date 061020 1434 Policy Number ZLP71N28055 20 15 omIxcCwnzZz A RISK PLACEMENT SERVICES G 7450 W 130TH STE 350 IE OVERLAND PARK KS 66213 Policy Surtax Number Description Amount Surcharge 71N28055 SERIES 2000 POLICY 24944.00 e e 40724 Ed. 12 90 INSURED COPY 1990 The Travelers Indemnity Company. All rights reserved. Page 1 | 2 |
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o TRAVELERS One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. zLP71N28055 20 15 COVERAGE PART DECLARATIONS ISSUE DATE 061020 INSURING COMPANY TRAVELERS PROP CASUALTY CO OF AMERICA DECLARATIONS PERIOD From 060120 to 060121 1201 A.M. Standard Time at your mailing address shown in the C The Commercial General Liabilit Coverage Form shown below. ommon Policy Declarations. y Coverage Part consists of these Declarations and the 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANC General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000 000 Each Occurrence Limit 1000000 Damage To Premises Rented to You Limit any one premises 500000 Medical Expense Limit any one person 10000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4. NUMBERS OF FORMS SCHEDULE S AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING SEE IL T8 01. LIMITS OF INSURANCE 2000000 2000000 1000000 1000000 500000 10000 COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT PRODUCER RISK PLACEMENT SERVICES CG TO 01 11 03 OFFICE ST. PAUL Page 1 of 1 | 2 |
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TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions Coverage B Personal and Advertising Insuring Agreement... Injury Liability Exclusions... Coverage C Medical Payments Insuring Agreement... Exclusions.. Supplementary Payments... SECTION 11. WHO IS AN INSURED... SECTION l LIMITS OF INSURANCE... SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS. Bankruptey Duties In Thy 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... TABLE OF CONTENTS Wwa 1l VWY Ve 1Y SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions Coverage B Personal and Advertising Insuring Agreement Injury Liability Exclusions.. Coverage C Medical Payments Insuring Agreement Exclusions Supplementary Payments SECTION 11.WHO IS AN INSURED SECTION 11 LIMITS OF INSURANCE... SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS.. Bankruptey Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us Other Insurance Premium Audit. Representations Separation Of In Transfer Of Rights Of R When We Do Not Renew.. SECTION V. DEFINITIONS... CG TO 34 02 19 | 2 |
TRAVELERSJ One Tower Square Hartford Connecticut 06183 EVIPLOYEE BENEFITS LIABILITY POLICY NO. zLP71N28055 20 15 COVERAGE PART DECLARATIONS ISSUE DATE 061020 INSURING COMPANY TRAVELERS PROP CASUALTY CO OF AMERICA DECLARATIONS PERIOD From 060120 to 060121 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Employee Benefits Liability Coverage Part consists of these Declarations and the Cov erage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE Employee Benefits Liability Coverage Form Limits of Insurance Aggregate Limit 3 000000 Each Employee Limit 1000000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4 RETROACTIVE DATE This insurance does not apply to negligent acts errors or omissions which occurred before the Retroactive Date if any shown below. Retroactive Date 01012004 5. EMPLOYEE BENEFIT PROGRAMS OTHER THAN THOSE LISTED IN SECTION VIl DEFINITIONS Limits of Insurance 3000000 1000000 DEDUCTIBLE SNONE EACH EMPLOYEE PREMIUM COMPUTATION Rate Estimated No. Per Estimated Minimum of Employees Employee Premium Premium 105 300 300 NUMBERS OF FORMS SCHEDULES AND ENDORSEMIENT FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. SEE IL 18 Ol. Rate Per Employee PRODUCER RISK PLACEMENT SERVICES OFFICE ST. PAUL CG TO 09 09 93 1993 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result But 1 The amount we will pay for damages Is limited as described in Section Hl Limits Of Insurance and 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 2 This insurance applies to bodily ijury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which ocecurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il. Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 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 I 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 CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 23 includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
COMMERCIAL GENERAL LIABILITY 2 Recelves 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. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed In a contract or agreement that is an insured contract provided that 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 reasonhable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property damage provided that Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and h 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. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compen sation 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 6 Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T 00 02 19 includes copyrighted material of insurance Sarvices Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY i Any Insured or I Any person or organization for whom you may be legaliy responsible 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 sub contractor However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels ubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equip ment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dis persed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or f. Pollution 1 Bodily Injury or property damage arising out of the actual alleged or threatened discharge dispersai seepage migration release or escape of pollutants a b 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 sub paragraph 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 equip ment that is used to heat cool or dehumidify the building or produced by or originating from equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to vyour 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 focation is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 If such pollutants are or were at any time transported handled stored treated disposed of or processed as waste by or for CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or 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 or were at any time performing operations to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants 2 Any loss cost or expense arising out of any Request demand order or statutory or regulatory require ment 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 any governmental authority or any other person or organization 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. 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 st a B0 feet long or less and 1 Not being used to carry any person or property for a charge Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the Insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 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 as mobile equipment under the definition of mobile equipment If such land vehicle were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment or 6 An alrcraft that is a Chartered with a pilot to any insured n Not owned by any Insured and 5 3 Not being used to carry any person or property for a charge. Mobile Equipment Bodily mury 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 pre Page 4 of 23 2017 The Travelers Indemnity Company. All rights reserved CG 11 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY of 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 beh 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 CG T1 00 02 19 arranged racing speed demolition or stunting activity War Bodlly injury or property damage arising 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 govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hinder ing 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 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 premises damage. A separate imit of insurance applies to premises damage as described in Paragraph 6. 2017 The Travelers Indemnity Company. All rights reserved. of 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 beh 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 Page 5 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. q. Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited com munication. r. Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. s. Ashestos 1 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing ashestos provided that the bodily injury or property damage is caused or contributed to by the hazardous properties of asbestos. Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or sult which also alleges any bodily injury or property damage described in Paragraph 1 above. 3 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory require ment 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 ashestos asbestos fibers or products containing asbestos or Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products contalning asbestos. t. Employment Related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practice policy act or omission such as coercion demotion evaluation reassignment dis cipline failure to promote or advance harassment humiliate ion discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprison ment applied to or directed at that person regardless of whether such practice policy act or omission occurs s applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a or c above Is directed. 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 Page 6 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 18 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY This exclusion does not apply to personal injury caused by malicious prosecution. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Or Used Prior To Palicy Period 1 Personal and advertising injury arising out of oral or written publication including publication by electronic means of material whose first publication took place before the beginning of the policy period or Advertising injury arising out of infringement of copyright title or slogan in your advertisement whose first infringement in your advertisement was committed before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liahility 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 1 That the Insured would have in the absence of the contract or agresment or 2 2 Because of personal injury assumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement Solely for the purposes of liability assumed by you in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that repay someone else who must pay damages because of the bodily injury. Exclusions c. through n. do not apply to premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Section Ill Limits Of Insurance COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement 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 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. 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 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CG T1 00 02 19 2017 The Travelers Indemnity Company. ANl rights reserved. Page 7 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY a Liability to such party for or for the cost of that party s defense has also been assumed by you in the same insured contract and 5 Such attorneys fees litigation expenses are defense of that party against a civil or alternative dispute resolution proceeding in which damages to which insurance applies are alleged. f. Breach Of Contract Advertising injury arising out of a breach of contract. g QOuality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising cut of the failure of goods products or services to conform with any statement quality or performance made in your advertisement. h. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. i. Intellectual Property Personal and advertising injury arising out of any actual or alleged infringement or violation of any of the following rights or laws or any other personal and advertising injury alleged in any claim or suit that also alleges any infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or violation of another s copyright title or slogan in advertisement or 2 Any other personal advertising injury alleged in any claim or suit that also alleges J any such infringement or violation of another s copyright title or slogan in your advertisement. Insureds In Media And Internet Type Businesses Personal and advertising injury caused by an offense committed by an insured whose business is 1 Advertising broadcasting or publishing 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs a1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing corres pondence written in the conduct of your business bulletins financial or annual reports or newsletters about your goods products or services will not be considered the business of publishing and The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publishing. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts or 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 nhame 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. 2 Page 8 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY asbestos fibers or products containing asbestos provided that the personal and advertising injury is caused or contributed to by the hazardous properties of asbestos. 2 Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any personal and advertising injury described in Paragraph 1 above. 3 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory require ment 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 asbestos asbestos fibers or products containing asbestos or b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of ashestos asbestos fibers or products containing asbestos. s. Employment Related Practices Personal injury to 1 A person arising out of any a Refusal to employ that person o Termination of that person s employment or Employment related practice policy act or omission such as coercion demotion evaluation reassignment dis cipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious pro secution or false arrest detention or imprisonment applied to or directed at that 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 any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutraliz ing or in any way responding to or assessing the effects of pollutants War Personal and advertising injury arising 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 hinder ing or defending against any of these. Unsolicited Communication Personal and advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited com munication Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. 3 Ashestos 1 Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 9 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the employment related practices described in Paragraph af or above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the personal injury. COVERAGE C MEDICAL PAYMENTS Insuring Agreement a We will medical expenses as pay 88 bodily injury described below for 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 The expenses are incurred and reported to us within one year of the date of the accident and The injured person submits to exarnination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions Any Insured To any workers Hired Persan To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Waorkers Compensation And Similar Laws insured except volunteer To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing Instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard Coverage A Exclusions Excluded under Coverage A SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a b. All expenses we incur. Up to 2600 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit Including actual occurs is appiied or tted before during or time of that person s snt or child parent brother f that person as a of personal injury on at whom any of nent related practices Paragraph al b or directed. applies whether the liable as an employer capacity and to any are damages with or else who must pay se of the personal PAYMENTS medical expenses as v for bodily injury cident you own or rent ext to premises you or our operations takes place in the rritory and during the Page 10 of 23 2017 The Travelers Indemnity Company. All rights reserved. 6 T1 00 02 19 includes copyrighted materlal of Insurance Services Office Inc. with its permission. | 1 |
loss of earnings up to 500 a day because of time off from work. e All court costs taxed against the insured in the suit.However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 4. 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 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 or offense 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 such 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit COMMERCIAL GENERAL LIABILITY Immediately send us of any demands notices summonses or legal papers received in connection with the euit copies e 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 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 Zb.2 of Section Coverages Coverage A Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section Coverages Coverage Personal And Advertising Injury Liability such payments will not be deemed to be damages for bodily injury property damage or personal injury 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 a We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. 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 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. are designated in the Declarations CG 71 00 02 19 2017 The Travelers Indemnity Company. All rights reserved Page 11 of 23 includes copyrighted material of insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 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 stock holders are also insureds but only with respect to their Illability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured 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 dutiss related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal injury To you to your partners or members if you are a partnership or joint venture to your members if you are a imited 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 h 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. Unless you are in the business or occupation of providing professional health care services Paragraphs 1 c and W above do not apply to bodily injury arising out of providing or failing to provide first aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or volunteer doctor Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. Property damage to property Owned occupied or used by h 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. 2 b. Any person other than our employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having propsr 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. Page 12 of 23 2017 The Travelers indemnity Company. All rights reserved. CG T1 00 02 18 Includes copyrighted material of Insurance Sarvices Office Inc. with its permission. | 1 |
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. 8. Any person or organization that with your express or Implied consent either uses or is responsible for the use of a watercraft that you do not own that is 1 50 feet long or less and 2 Not being used to carry any person or property for a charge. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and of which you are the sole owner or in which you maintain an ownership interest of more than B50 will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier h. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section I Who Is An Insured each such organization will be deemed to be designated in the Declarations as a. An other provision is organization than a partnership joint venture or limited liability company or b. A trust as indicated in its name or the documents that govern its structure. Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that COMMERCIAL GENERAL LIABILITY a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following provisions a The limits of insurance provided to such premises owner manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to premises owner manager or does not apply to 1 Any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after you cease to be a tenant in that premises or such lessor 2 Structural alterations new con struction or demolition operations performed by or on behalf of such premises owner manager or lessor. Any person or organization that Is an equipment lessor and that you have agreed in a written contract or agreement to Include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Is caused in whole or in part by your acts or omissions in the maintenance operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reservad Page 13 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after the equipment lease expires. 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. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section l Who Is An Insured. 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. 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 b. Damages under Coverage A except damages because of bodily injury or property damage included in the pzjoductsw ompleted operations hazard an. Damages under Coverage B. 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 injury 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 bodily injury and arising out of any because of all property damage one occurrence. For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide first aid or Good Samaritan services to any one person will be deemed to be 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 premises damage to any one premises. The Damage To Premises Rented To You Limit will be a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part or b. 300000 if no amount is shown for the Damage To Premises Rented To You Limitin the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage 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. Bankruptey 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 Het oodpply o 8 dily o suLll venture or limited liability therwise qualifies as an ection Il Who Is An TS OF INSURANCE f Insurance shown in the nd the rules below fix the Il pay regardless of the de or suite brouaht or Page 14 of 23 2017 The Travelers Indemnity Company. Al rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an occurrence or offense. 2 If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known by a Any individual who is i A partner or member of any parthership or joint venture i A manager of any limited liability company iii An executive officer or director of any other organization or iv A trustee of any trust that s your partner joint venture member manager or trustee or 1 Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an occurrence or offense 3 Notice to us of such occurrence or offense will be deemed to be glven as soon as practicable if it is given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as practicable after any of the persons described in Paragraph e1 or 2 above discovers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. 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. 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 settlement of the claim or defense against the suit and a 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. 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. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known to you if you are an individual any of your partners or members who is an individual if you are a CG T1 00 02 18 2017 The Travelers Indemnity Company. All rights reserved. Page 15 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 3. However if this policy includes an endorsement that provides limited coverage for bodily injury or property damage or pollution costs arising out of a discharge release or escape of pollutants which contains a requirement that the discharge release or escape of pollutants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part a To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If valid and collectible other 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 described in Paragraphs a and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company ii Us or any of our affiliated insurance companies except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Ml Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section Hl Limits of Insurance applies because the Amendment Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy iii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess Insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph c. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this Insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph. below except when Paragraph d. below applies. 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 il That is insurance for premises damage iii 1f the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft autos or watercraft iv That is insurance available to a premises owner or lessor that as an insured under Paragraph 4. of Section Il Who Is An Insured except when Paragraph d. below applies or That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section v Page 16 of 23 2017 The Travelers Indemnity Company. All rights reserved. G T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
I Who Is An Insured except when Paragraph d. below applies. Any of the other Insurance whether primary excess contingent or on any other basis that is available to the insured when the insured is an additional insured or is any other insured that does not qualify as a named insured under such other insurance. 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 The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none f the loss remains whichever comes irst 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. COMMERCIAL GENERAL LIABILITY Primary And Mon Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured and we will not share with that other insurance provided that 1 The bodily injury or property damage for which coverage is sought occurs and 2 The personal and advertising injury for which coverage is sought is caused by an offense that Is committed subsequent to the signing of that contract or agreement by you 5. Premium Audit a We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. The first Named Insured must records of the information we need for premium computation and send us copies at such times as we may request. keep 6. Representations By accepting this policy you agree The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and We have issued this policy in reliance upon your representations. eds the all such pay for e of this ctible and under all ning loss insurance in this sion and ically to e Limits in the rage Part. e permlts CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 17 of 23 Includes copyrighted materlal of Insurance Services Offics Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 8 The unintentional omission of or unintentional error in any Iinformation provided by you which we relied upon in issuing this pollcy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Separation Of Insureds Except with respect Insurance and any specifically assigned in Part to the first Named insurance applies to the Limits of rights or duties this Coverage Insured this a As if each Named Insured were the only Named Insured and h. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Recovery Against 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 websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2 Advertising injury a. Means injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organ ization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged 2 Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or Unreasonably places a person in a false light or 3 Infrmgemsnt of copyright title or slogan in you advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above 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 mobile equipment. Bodily injury rneans not include a Physical harm including sickness or disease sustained by a person or b. Mental anguish injury or illness or emotional distress resulting at any time from such physical harm sickness or disease. e relied upon in vicdal not prejudice of th this insurance. 1 c does not affect i itional premium n of cancellation cordance with T or regulations. the Limits of jhts or duties this Coverage d Insured this 1sured were the nd insured against e or suit is B Recovery Against fa to recover all we have made rt those rights e insured must 3 I impair them. At 0 will bring suit to us and help b 0 0 w this Cgverage iver to the first the Declarations b Lncgu nonrenewal not ce that is e general ents about es for the omers or of this Page 18 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG 71 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Broadcasting means transmitting any audio or visual material for any purpose h. By radio or television or In. by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instructional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Coverage territory means provided the The United States of America including its territories and possessions Puerto Rico and Canada 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 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 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. Electronic facts data programs means stored information or 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 calls other data processing devices or any media which are used with electronically controlled equipment. Employee includes a leased worker Employee does not include a temporary worker. 10. 11 12 13. Executive holding created by your bylaws or COMMERCIAL GENERAL LIABILITY officer means a any of the officer charter any other person positions constitution similar governing document. Good Samaritan services means any emergency medical services for which no compensation is demanded or received. Hostile becomes uncontrollable or fire means a fire which breaks out from where it was intended to be. Impaired property property means tangible other than your product or your work that can not be used or is less useful because if It incorporates your product or your work that Is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill of a contract or agreement such property can be restored to use the terms by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for premises damage is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within B0 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality In connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal injury to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement f America ries and and Canada irspace but age occurs travel or any places ove or jorld if the y o CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 19 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Paragraph f. does not include that 16.Mobile equipment means any of the part of any contract or agreement following types of land vehicles 1 That indemnifies a railroad for including any attached machinery or i niury equipment bodily injury or property damage arising out of con a Bulldozers farm machinery forklifts struction or demolition operations and other vehicles designed for use within B0 feet of any railroad principally off public roads property and affecting any railroad. o bridge or trestle tracks roadbeds k. Vehicles maintained for use solely on funnel underpass or crossing or next to premises you own or rent 2 That indemnifies an architect. Vehicles that travel on crawler treads ggief orsurveyor for injury or d. Vehicles whether self propelled or amage arising out of not maintained primarily to provide a Proparing approving or failing mobility to permanently mounted to prepare or approve maps 1 Power cranes shovels loaders shop drawings opinions diggers or drills or reports surveys field orders N change orders or drawings and 2 Road construction or resurfacing specifications or equipment such as graders i. scrapers or rollers b Giving directions or instructions P or failing to give them if that e. Vehicles not described in Paragraph is the primary cause of the a. b c. or d. above that are not self injury or damage or propelleddand arglmaintalned primarily N.. to provide mobility to permanently 3 Under which the insured if an attached equipment of the following architect engineer or surveyor types assumes Ilabrlwty for an injury or damage arising out of the 1 Air compressors pumps and insured s rendering or failure to generators including spraying render professional services welding building cleaning geo including those listed in Paragraph physical exploration lighting and above and supervisory well servicing equipment or inspection architectural or 2 Ch imi Y PR erry pickers and similar devices englneering activities. used to raise or lower workers 14. Leased worker means a person leased f. Vehicles not described in Paragraph to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to a b or d above maintained prlmany for purposes other than the the conduct of your business. Leased transportation of persons or cargo. worker does not include a temporary Howaever self propelied vehicles with worker. the following types of permanently i 15.Loading or unloading means the ettached qmpmeng are not mobe i. equipment but will be considered handling of property autos a. After it Is moved from the place. where it is accepted for movevlen 1 Equipment designed primarily for irtftol onto an aircraft watercraft or Snow removal I. h Road maintenance but not b. While it is in or on an aircraft construction or resurfacing or watercraft or auto or Street cleaning. While it is being moved from an el ingi aircraft watercraft or auto to the 2 Cherry pickers and similar devices place where it is finally delivered mounted on automobile or truck. chassis and used to raise or lower but loading or unloading does not workers and include the movement of property by means of a mechanical device other 3 Air compressors pumps and than a hand truck that is not attached to generators inciuding spraying the aircraft watercraft or auto welding building cleaning geo physical exploration lighting and well servicing equipment. Page 20 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
However mobile equipment does not include any 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. Such land vehicles are considered autos. 17. Occurrence means a. An accident including continuous or repeated exposure to substantially the same general harmful conditions or b. An act or omission committed in providing or failing to provide first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. 18. Personal and advertising injury means personal injury or advertising injury. 19. Personal Injury a. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or Invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises 4 Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that detention or a Appropriates a person s name voice photograph or likeness or COMMERCIAL GENERAL LIABILITY 8 Unreasonably places a person in a false light. h. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 20. 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. 21. Premises damage means a. With respect to the first paragraph of the exceptions in Exclusion j of Section Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of seven or fewer consecutive days including the contents of such premises or b. With respect to the exception to Exclusions c. through n. in the last paragraph of Paragraph 2. of Section 1 Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of more than seven consecutive days or while temporarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 Lightning 4 Smoke resulting from fire explosion or lightning or 5 water. But premises damage under this Paragraph b does not include property damage to any premises caused by 1 Rupture bursting or operation of pressure relief devices 2 Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water or 3 Explosion of steam boilers steam pipes steam engines or steam turbines. 22 Products completed operations hazard a Includes all bodily injury and property damage occurring away from premises you own or rent and rvices to re in the providing vices. ry means g injury. advertising r more of ntion or on from invasion of cupancy of mises that vided that wrongful e right of committed the owner that room publication electronic it slanders rganization rson s or roducts or the claim is brought zation that andered or o have had r services publication electronic CG T1 00 02 19 2017 The Travelers Indsmnity Company. All rights reserved. Page 21 of 23 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 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. e 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 The existence of tools uninstalled aequipment or abandoned or unused materials or 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. 23. Property damage means a Physical injury to tangible property including all resuiting loss of use of that property. All such loss of use will 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 will be deemed to occur at the 2 3 time of the occurrence that caused it For the purposes of this insurance electronic data is not tangible property. 24 Slogan a Means a phrase that others use for the purpose of attracting attention in their advertising. h. Does not Include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. 25 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. 26. 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. 27.Title means a name of a literary or artistic work. 28. Unsolicited communication means any communication in any form that the recipient of such communication did not specifically request to receive. 29. 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. 30. Your product a Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by products re subject e Limit. Page 22 of 23 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
You b Others trading under your name or A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability perfor mance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. COMMERCIAL GENERAL LIABILITY 31. Your work a. Means yl Work or operations performed by you or on your behalf and Materials parts or equipment furnished in connection with such work or operations b includes m Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and The providing of or failure to provide warnings or instructions. CG T1 00 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 23 of 23 Includes copyrighted material of Insurance Services Offfce Inc. with its permission. | 1 |
Various provisions COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIVIS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. 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 The word insured means any person or organization qualifying as such under Section Il Who s An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE 1. insuring Agreement CG T1 01 01 16 a We will pay those sums that the insured becomes legally obligated to pay as damages because of loss 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 loss to which this insurance does not apply. We may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result But 1 The amount we will pay for damages is limited as described in Section Wl Limits Of Insurance and Our right and duty to defend ends when we have used up. the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This Insurance applies to loss only if 1 The loss is caused by a negligent act error or omission committed by the insured or by any other person for whose acts the insured is legally liable in the administration of your employee benefit program 2 The negligent act error or omission is committed in the coverage territory 2 2016 The Travelers Indemnity Company. All rights reserved. refer to the company providing this insurance. 3 The negligent act error or omission was committed on or after the Retroactive Date if any shown in the Declarations of this Coverage Part and before the end of the policy period and A claim or suit for damages because of the loss is first made or brought against any insured in accordance with Paragraph e below during the policy period or any Extended Reporting Period we provide under Section VI Extended Reporting Periods. Each negligent act error or omission in a series of related negligent acts errors or omissions will be deemed to have been committed on the date the first such negligent act error or omission in that series is committed. If the Retroactive Date is left blank in the Declarations of this Coverage Part the Retroactive Date will be deemed to he the first day of the policy period. A claim or suit seeking damages will be deemed to have been first made or brought at the earlier of the following times 1 When we or any insured first receives written notice of such claim or suit whichever comes first or 2 When we first receive written notice from any insured of a specific negligent act error or omission that caused the loss which resulted in such claim or suit. All claims or suits that seek damages because of loss sustained by any one employee including the employee s dependents and Page 1 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY beneficiaries will be deemed to have been first made or brought at the time the first of those claims or sults is made or brought against any insured. A claim or suit that seeks damages will be deemed to have been first made or brought at the time we receive written notice from any insured of a specific negligent act error or omission only if that notice contains all of the following information 1 How when and where the negligent act was committed error or omission 2 A description of what happened 3 A description of what damages may result 4 The identity of the person or organization that may make a claim or bring a suit and 5 The identity of each insured that committed the negligent act error or omission. Notice to us that any insured may in the future receive written notice of a negligent act error or omission claim or suit is not notice of a specific negligent act error or omission. 2 Exclusions This insurance does not apply to Page Criminal Dishonest Fraudulent Or Malicious Acts Loss arising out of any criminal dishonest fraudulent or malicious act error or omission committed by any Insured including the willful or reckless violation of any law or regulation. Injury Or Damage Bodily injury property damage personal injury or advertising injury. Failure To Perform A Contract Loss arising out of performance of insurer. Insufficiency Of Funds Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Or Advice Given With Respect To Participation 20of 9 failure of contract by any 2016 The Travelers Indemnity Company. All rights reserved. Any claim or suit based upon 1 Failure of any perform investment to 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Loss arising out of your failure to comply with the mandatory prov isions of any workers compensation unemployment compensation insur ance social security or disability benefits law or any similar law. ERISA Loss for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as amended or by any similar federal state or local laws. Available Benefits Loss of benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties 1 Any taxes fines or penalties including those imposed under any provision of the Internal Revenue Code of 1986 as amended or any similar state or local law or 2 Any loss cost or expense arising out of the imposition of such taxes fines or penalties. Employment Related Practices Loss to 1 A person arising out of any a Refusal to employ that person B Termination of that person s employment or Employment related practice or policy such as coercion demotion reassignment dis cipline failure to promote or advance harassment humili ation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprison CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
ment applied to or directed at that person regardless of whether such practice or policy occurs is applied or s committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of loss to that person at whom any of the employment related practices or policies described In Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the loss. Access Or Disclosure Of Confidential Or Personal Information Loss arising out of any access or disclosure of any person s or organization s confidential or personal information. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. CG T1 01 01 16 All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to B00 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we made an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is COMMERCIAL GENERAL LIABILITY yvithin the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION I WHO IS AN INSURED 1. If you are designated in the Declarations as 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 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited fiability company you are an insured. Your executive officers and directors are also insureds but only with respect to their liability as your officers or directors. Your stock holders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a 2016 The Travelers Indemnity Company. All rights reserved. Each of 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 lability company who is or was authorized to administer your emplioyee benefit program. Any person or organization having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. 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. Page 3 of 9 Includes copyrighted material of insurance Services Office Inc. with its permission at person as foss to that m any of the ed practices or d in Paragraphs e is directed. red may be liable or in any other ation to share r repay someone t pay damages S8 0f Confidential Or f any access or y person s or ential or personal ect to any claim le or any suit efend ur. nds to release only for bond C. N | 2 |
COMMERCIAL GENERAL LIABILITY 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 nsured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage under this provision does not apply to any negligent act error or omission that was 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. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section Il Who Is An Insured. SECTION Il LIMITS OF INSURANCE 1. Page 4 of 9 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. Persons or organizations claims or bringing suits d. Acts errors or omissions or making e Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages because of all negligent acts errors or omissions committed in the administration of your employee benefit program. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program The Limits of Insurance of this Coverage Part apply separately to each con secutive 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 DEDUCTIBLE 1. The Deductible shown in the Declarations and the rules below fix the amount of damages incurred by or on behalf of you or any insured that you will be responsible for paying regardiess of the number of a Insureds b. Claims made or suits brought t. Persons or organizations making claims or bringing suits d. Acts errors or omissions or e. Benefits included in your employee benefit program. If no amount is shown for the Deductible in the Declarations the Deductible does not apply to this Coverage Part. 2. The Deductible applies to all damages sustained by any one employee including damages sustained by such employee s dependents and bene ficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. The Limits of Insurance will not be reduced by the amount of damages within the deductible amount. 4. The terms of this policy including those with respect to a. Our right and duty with respect to the defense of suits and b. Your duties in the event of an act arror or omission claim or suit apply irrespective of the application of the deductible amount. 5. If we settle a claim or suit for damages or pay a judgment for damages awarded in a suit that are subject to a deductible we may pay any part or all of the deductible amount. You will promptly reimburse us for such part of the deductible amount as we have paid. SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not 2016 The Travelers Indemnity Company. All rights reserved. CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission b THieME TR R e e R nd the rules below fix the Il pay regardless of the de or suite brouaht | 2 |
relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Act Error Or Omission Claim Or Suit CG T1 01 01 16 You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission wads and when it was committed an 2 The names and addresses of any employees who may suffer loss caused by the act error or omission. If a claim is made or suit is brought by 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 lagal papers received in connection with the claim or a suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 2016 The Travelers Indemnity Company. All rights reserved. COMMERCIAL GENERAL LIABILITY 1 Notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known to you if you are an indlvidual any of your partners or members who is an individual if you are a partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who s an individual if you are a trust or any employee authorized by you to give notice of an act error or omission. 2 If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known by a Any individual who is il A lawfully elected or appointed official executive officer or director of any public entity i A partner or member of any partnership or joint venture iii A manager of any limited liability company iv An executive officer or director of any other organization or V A trustee of any trust that is your partner joint venture member manager or trustee or Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an act error or omission. 3. Legal Action Against Us No person or organization has a right under this Coverage Part To join us as a party or otherwise bring us into a suit asking for damages from an insured or Page 5 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission uschilusrage Part toryou o red listed in Paragraph 1. or ction Il Who Is An Insured | 2 |
COMMERCIAL GENERAL LIABILITY Page 6 of 9 b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If valld and collectible other insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as described in Paragraphs a and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of Another insurance company i Us or any of our affiliated insurance companies iii Any risk retention group or iv Any self insurance method or program In which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbreila insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph b. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary. If any of the other insurance is also primary we will share with all that other insurance by the method described in Paragraph b. below. b. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other not permit insurance does contribution by equal 5. 2018 The Travelers Indemnity Company. All rights reserved shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Premium Audit a We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium s a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request Representations By accepting this policy you agree a The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and. We have issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or renewal in accordance with applicable insurance laws or regulations 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 h. Separately to each whom claim brought. insured against is made or suit is CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its parmission at are In excess of t of insurance. An means a settlement ty signed by us the claimant or the sentative le other insurance is ured for a loss we Coverage Part our ted as described in below. 1 this Coverage Part ns insurance or the that is provided by of company r affiliated insurance 1 droup or case the Insured be the provider of loes not include rexcess insurance cifically to apply in of Insurance shown this Coverage Part a provider of other Paragraph b. below ider of insurance. pnmary If any of ce is also primary hat other | 2 |
10. Transfer Of Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not dass than 30 days before the expiration ate. If notice is mailed proof of mailing will be sufficient proof of notice. Cancellation Nonrenewal And Renewal Conditions Applicahle To Commercial General Liahility Coverage Part All conditions relating to cancellation nonrenewal or renewal that are included in any endorsement applicable to the Commercial General Liability Coverage Part attached to this policy also apply to this Coverage Part. Rights Of Recovery Against SECTION Vi EXTENDED REPORTING PERIODS 1. CG We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed for any reason or b. We renew or replace this Coverage Part with insurance that has a Retroactive Date later than the date shown in the Declarations. The Extended Reporting Periods do not extend the policy period or change the scope of coverage provided They only apply to claims or sults for loss caused by a negligent act error or omission committed on or after the Retroactive Date shown in the Declarations and before the end of the policy period. Once in effect Extended Periods may not be canceled. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for 90 days. The Basic Extended Reporting Period does not apply to claims or suits for Reporting COMMERCIAL GENERAL LIABILITY xhaustlon of its applicable limit of insurance. The Basic Extended Reporting Period does not reinstate or increase the limits of insurance. A Supplemental Extended Reporting Period is available but only by an endorsement and for an extra charge. This supplemental period starts with the end of the policy period and lasts for three years or an unlimited period of time as set forth in the Supplemental Extended Reporting Period Endorsement. This supplemental period replaces the Basic Extended Reporting Period. This Supplemental Extended Reporting Period will not go into effect unless we receive all of the following within 90 days after the end of the policy period and you have fulfilled all other duties and complied with all other conditions and requirements under this policy a A written request purchase the Supplemental Reporting Period b. Full payment of the earned premium for this policy. Payment of the additional premium for the Supplemental Extended Reporting Period Endorsement and d. Repayment of any deductible you owe us under this Coverage Part. We will determine the additional premium for that endorsement in accordance with our rules and rates. The additional premium for the Supplemental Extended Reporting Period Endorsement from you to Extended will not exceed 200 of the annual premium for this policy. This endorsement will set forth the terms not inconsistent with this Section VI Extended Reporting Periods applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims or suits first made or brought against any insured during such period is excess over any valid and collectible other insurance available under insurance in force after the Supplemental Extended Reporting Period starts. The Supplemental Extended Reporting Period does not reinstate or increase the limits of insurance. SECTION VIl DEFINITIONS Administration means loss covered under subsequent insurance a. Providing information to you purchase or that would be covered amployees including their under such insurance but for the dependents and beneficiaries with T 01 01 16 2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission to us and help w this Coverage iver to the first the Declarations nonrenewal not e the expiration of mailing will tice. And Renewal ymmercial General S 0000 U WMt 0O 0 to cancellation hat are included plicable to the k. bility Coverage sy also apply to TING PERIODS more Extended cribed below if is cancelled or W eason or p this Coverage that has a E than the date ons. p Periods do not T or change the t ided They only v uits for loss a act error or Rl or after the 1 own in the the end of the a e ided Reporting led. l rting Period is ithout additional h the end | 2 |
COMMERCIAL GENERAL LIABILITY Page 8 of 9 respect to eligibility for or scope of the employee benefit program B Handling records in connection with the employee benefit program or. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 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. Advertising injury a. Means injury other than injury caused by one or the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged Qral or written publication Including publication by electronic means of material in your advertisement that personal more of 2 a Appropriates a person s name voice photograph or likeness or Unreasonably places a person in a false light or Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership 3 2018 The Travelers Indemnity Company. All rights reserved. of such copyright title or slogan b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Bodily injury a. Means any harm including sickness or disease to the health of a person. b. Includes mental anguish injury or iliness or emotional distress Cafeteria plan means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Coverage territory means the United States of America including its territories and possessions Puerto Rico or Canada provided that the insured s responsibility to pay damages s determined In a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada or in a settlement we agree to Employee means a person actively employed formerly employed on leave of absence or disabled or retired Employee includes a leased worker. Employes does not include a temporary worker. Employee benefit program a. Means a program providing some or all of the following benefits to your employees whether provided through a cafeteria plan or otherwise 1 Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who satisfy the plan s eligibility requirements 2 Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than your employee may subscribe to such benefits and such benefits are made generally avallable to all of those employees who are eligible under the plan for such benefits CG T1 01 01 16 Includes copyrighted material of Insurance Services Office Inc. with its permission er than personal one or more of | 2 |
9. Executive holding created by your 3 Unemployment insurance social security benefits workers compensation and disability benefits 4 Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans trans portation and health club subsidies and 5 Any other similar benefits designated in the Declarations or added thereto by endorsement. Does not include any benefit plan or program described in Paragraph a. above that is self insured. officer means a person the officer positions charter constitution any of bylaws or any other similar governing document. 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. Personal injury Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Oral or written publication including publication by slectronic means of materlal that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that detention or COMMERCIAL GENERAL LIABILITY claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or Unreasonably places a person in a false light. includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 12 Property damage means a Physical injury to tangible property including all resulting loss of use of that property or Loss of use of tangible property that is not physically injured. 13. Slogan a Means a phrase that others use for the purpose of attracting attention in their advertising. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. 14. Suit means a civil proceeding in which damages because of loss 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 submits with our consent or b Any other alternative dispute resolution proceeding in which such damages are claimed and to which 15. Temporary worker the insured submits with our consent. means a person who is furhished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 16. Title means a name of a literary or artistic work. form duties related to ur business. Leased include a temporary ther than advertising by one or more of fenses st detention or yeacution CG T1 01 01 16 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDVMENT OF COVERAGE B LIMITED PERSONAL AND ADVERTISING INJURY LIABILITY TECHNOLOGY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1 The following replaces the definition of advertising injury in the DEFINITIONS Section Advertising injury a. Means injury caused by the infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by the offense described in Paragraph a above The following replaces the definition of personal injury in the DEFINITIONS Section Personal injury a Means injury caused by one or more of the following offenses 1 False arrest Imprisonment 2 Malicious prosecution or 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. detention or 3. 4 The following replaces Exclusion Material Published Or Used Prior To Policy Period in Paragraph 2 of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. Material Used Prior To Policy Period Advertising injury arising out of infringement of copyright title or slogan in your advertisement whose first Infringement In your advertisement was committed before the beginning of the policy period. The following replaces Exclusion I Intellectual Property in Paragraph 2. of SECTION 1 COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY i. Intellectual Property Personal injury arising out of any actual or alleged infringement or violation of any of the following rights or laws or any other personal injury alleged in any claim or suit that also alleges any such infringe ment or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other inteliectual property rights or laws. This exclusion does not apply to personal injury alleged in any claim or suit that also alleges advertising injury. s the definition of in the DEFINITIONS caused by the opyright title or advertisement claim is made or jht by a person or laims ownership of CG D4 37 02 19 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 5. Exclusion j. Insureds In Media And internet Type Businesses in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is deleted 6. Exclusion k. Electronic Chatrooms Or Bulletin Boards in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL QNID ADVERTISING INJURY LIABILITY s eleted. Page 2 of 2 2017 The Travelers Indemnity Company. All rights reserved. CG D4 37 02 18 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY AND NON CUMULATION OF PERSONAL AND ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph of SECTION Il LIMITS OF INSURANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily in jury andlor property damage during the policy period and during the policy period of one or more prior andlor future policies that include a commercial gen eral liability coverage part for the in sured Issued by us or any affiliated in surance company the amount we will pay is limited. This policy s Each Occur rence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such oc currence Paragraph 4 of SECTION Il LIMITS OF INSURANCE is amended to include the following Non cumulation of Personal and Advertis ing Limit If persona injury andor advertising injury is sustained by any one person or organization during the policy perlod and during the policy pe riod of one or more prior andfor future policies that include a commercial gen eral liability coverage part for the in sured issued by us or any affiliated in surance company the amount we will pay is limited. This policy s Personal In jury and Advertising Injury Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such personal injury andfor adver tising injury. CG D2 03 12 97 1997 The Travelers Indemnity Company. Page 1 of 1 | 2 |
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