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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR TECHNOLOGY This endorsement modifies insurance provided under the foflowing COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However coverage for any injury damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A. Non Owned Watercraft 75 Feet Long Or Less B. Who Is An Insured Unnamed Subsidiaries C. Who Is An Insured Employees Supervisory Positions D. Who Is An Insured Newly Acquired Or Formed Limited Liability Companies E. Who Is An Insured Liability For Conduct Of Unnamed Partnerships Or Joint Ventures F. Blanket Additional Insured Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement G. Blanket Additional Insured Broad Form Vendors PROVISIONS A. NON OWNED WATERCRAFT 75 FEET CG D417 02 18 LONG OR LESS 1. The following replaces Paragraph 2 of Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 A watercraft you do not own that is 75 feet long or less and b Not being used to carry any person or property for a charge 2. The following replaces Paragraph 2.e. of SECTION I WHO 1S AN INSURED e. Any person or organization that with your express or implied H e2 Er B. Blanket Additional Insured Controlling Interest Blanket Additional Insured Mortgagees Assignees Successors Or Receivers Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Premises Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Operations Medical Payments Increased Limit. Blanket Waiver Of Subrogation Contractual Liability Railroads Damage To Premises Rented To You consent either uses or is responsible for the wuse of a watercraft that you do not own that is 1 75 feet long or less and 2 Not being used to carry any person or property for a charge. WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION Il WHO IS AN INSURED Any of your subsidiaries other than a partnership or joint venture that is not shown as a Named Insured in the Declarations is a Named Insured if a. You are the sole owner of or maintain an ownership interest of more than 50 in such subsidiary on the first day of the policy period and 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for bodily injury or property damage that occurred or personal and advertising injury caused by an offense committed a. Before you maintained an ownership interest of more than 50 in such subsidiary or b. After the date if any during the policy period that you no longer maintain an ownership Interest of more than 50 in such subsidiary. For purposes of Paragraph 1. of Section Il Who s An Insured each such subsidiary will be deemed to be designated in the Declarations as a. A limited liability company b. An organization other than a partnership joint venture or limited liability company or A trust as indicated in its name or the documents that govern its structure. C. WHO IS AN INSURED EMPLOVEES SUPERVISORY POSITIONS The following is added to Paragraph 2a1 of SECTION 1l WHO IS AN INSURED Paragraphs 1a. and c above do not apply to bodily injury to a co employee while in the course of the coemployee s employment by you arising out of work by any of your employees who hold a supervisory position D. WHO IS AN INSURED NEWLY ACQUIRED OR FORMED LUVITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION I WHO iS AN INSURED 3. Any organization you newly acquire or form other than a partnership or joint venture and of which you are the sole owner or in which you maintain an ownership interest of more than 50 will qualify as a Named Insured if there is no other simlilar insurance available to that organization. However a Coverage under this provision is afforded only 1 Untit the 180th day after you acquire or form the organization or the end of Page 2 of 5 2017 The Travelers Indemnity Company. All rights reserved. the policy period whichever is earlier if you do not report such organization in writing to us within 180 days after you acquire or form it or Until the end of the policy period when that date is later than 180 days after you acquire or form such organization if you report such organization in writing to us within 180 days after you acquire or form it b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organ ization and 2 c. 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 Il Who Is An Insured each such organization will be deemed to be designated in the Declarations as a A limited liability company b. An organization other than a partnership joint venture or limited liability company or C. A trust as indicated in its name or the documents that govern its structure. E WHO IS AN INSURED LIABILITY FOR CONDUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The foliowing replaces the last paragraph of SECTION Il WHO IS AN INSURED No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership or joint venture that otherwise qualifies as an insured under Section Il Who Is An Insured. BLANKET ADDITIONAL INSURED PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMIENT The following is added to SECTION I WHO 1S AN INSURED Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written CG D4 17 02 19 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CG D4 17 02 19 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 or property damage that a. Occurs 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 performance of your ongoing operations to which that contract or agreement applies or the acts or omissions of any person or organization performing such operations on your behalf. The limits of insurance provided to such insured 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. BLANKET ADDITIONAL INSURED FORM VENDORS The following is added to SECTION 1l WHO IS AN INSURED Any person or organization that is a vendor 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 or property damage that a. Occurs subsequent to the signing of that contract or agreement and h. Arises put of your products that are distributed or sold in the regular course of such vendor s business. The insurance provided to such vendor is subject to the following provisions a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement BROAD or the limits shown In the Declarations whichever are less. b. The insurance provided to such vendor does not apply to 1 Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you 2 Any change in your products made by such vendor 3 Repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the COMMERCIAL GENERAL LIABILITY manufacturer and then repackaged in the original container 4 Any fallure to inspections servicing as perform or make such adjustments tests or vendors agree to normally undertake to perform in the regular course of business in connection with the distribution or sale of your products Demonstration installation servicing or repair operations except such operations performed at such vendor s premises in connection with the sale of your products or 8 Your products that distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or on behalf of such vendor. Coverage under this provision does not apply to Any person or organization from whom you have acquired your products or any ingredient part or container entering into accompanying or containing such products or Any vendor for which coverage as an 5 after additional insured specifically is scheduled by endorsement. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION Il 2017 The Travelers Indemnity Company. All rights reserved. WHO IS AN INSURED organization that has financial control of you is an Insured with respect to liability for bodily injury property damage or personal and advertising injury that arises out oft a. Such financial control or b. Such person s or organization s ownership maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations new construction or demolition operations performed by or on behalf of such person or organization. The following is added to Paragraph 4. of SECTION 1l WHO IS AN INSURED This paragraph does not apply to any premises owner manager or lessor that has financial control of you. Any parson or Page 3 of 5 Includes copyrighted material of Insurance Services Offlce Inc. with Its permission. 1. The following is added WHO IS AN INSURED Any parson or organiz financial control of yot ith respect to liabili injury property damag argd advertising injury of a. Such financial contro b. Such person s or ownership maintenal premises leased to you. The insurance provided or organization does structural alterations ne or demolition operation or on behalf of su organization. The following is added of SECTION Il WHO IS This paragraph does no premises owner manage has financial control of | 2 |
COMMERCIAL GENERAL LIABILITY I BLANKET ADDITIONAL INSURED MORTGAGEES ASSIGNEES SUCCESSORS OR RECEIVERS The following is added to SECTION If WHO 1S AN INSURED Any person or organization that is a mortgagee assignee successor or receiver 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 its liability as mortgagee assignee successor or recelver for bodily Injury property damage or personal and advertising injury that a Is bodily injury or property damage that oceurs 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 the premises for which that mortgagee assignee successor or receiver Is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee assignee successor or receiver is subject to the following provisions a. The limits of insurance provided to such mortgagee assignee successor or receiver 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 h. The insurance provided to such person or organization does not apply to 1 Any bodily injury or property damage that occurs or any personal and advertising injury caused by an offense that Is committed after such contract or agreement is no longer in effect or 2 Any bodily injury property damage or personal and advertising injury arising out of any structural alterations new construction or demolition operations performed by or on behalf of such mortgagee assignee successor or receiver. Page 4 of b 2017 The Travelers Indemnity Company. Al rights reserved. J. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following Is added to SECTION II WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by or rented or loaned to you and that you are required by any ordinance law building code or 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 arising out of the existence ownership use maintenance repair construction erection or removal of any of the following for which that governmental entity has issued such permit or authorization advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults elevators street banners or decorations. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION If WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance law building code or 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 arising out of such operations. The insurance provided to such governmental entity does not apply to a. Any bodily injury property damage or personal and advertising injury arising out of operations performed for the governmental entity or b Any bodily injury or property damage Included in the products completed operations hazard. MEDICAL PAYMENTS INCREASED LIMIT The following replaces Paragraph 7. of SECTION Nl LIMITS OF INSURANCE 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person CG D4 17 02 19 Includes copyrighted materlal of Insurance Services Office Inc. with its permission. | 2 |
and will be the higher of a. 10000 or h. The amount shown In the Declarations of this Coverage Part for Medical Expense Limit. M. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS If the insured has agreed in a contract or agreement to waive that insured s right of recovery against any person or organization we waive our right of recovery against such person or organization but only for payments we make because of a. Bodily injury or damage that occurs or property b. Personal and advertising injury caused by an offense that s committed subsequent to the execution of the contract or agreement. COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY RAILROADS 1. The following replaces Paragraph of the definition of insured contract in the DEFINITIONS Section Any easement or license agreement 2. Paragraph f.1 of the definition of insured contract in the DEFINITIONS Section Is deleted. 0. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of premises damage in the DEFINITIONS Section Premises damage to a. Any premises while rented to you or temporarily occupied by you with permission of the owner or damage means property b The contents of any premises while such premises is rented to you if you rent such premises for a period of seven or fewer consecutive days. CG D417 02 19 2017 The Travelers Indemnity Company. All rights reserved Page 5 of Includes copyrighted material of Insurance Services Offics Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. 2 The following replaces Paragraph 2 of Exclusion b Contractual Liability in Para graph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Assumed by you In a contract or agreement that is an insured con tract provided that the bodily in jury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an Insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily in jury or property damage provided that 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 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance applies are alleged. The following replaces the beginning of Paragraph 2. and Paragraphs 2.a b d. and e of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION COVERAGES 2. If we defend you against a suit and your indemnitee is also named as a party to the suit we will have the right and duty to defend that indem nitee if all of the following condi tions are met a The suit against the indemnitee seeks damages for which you have assumed the liability of the in demnitee in a contract or agree ment that is an insured contract b. This insurance applies to such li ability assumed by you. The obligation to defend or the cost of the defense of that in demnitee has also been assumed by you In the same insured con tract d. The allegations in the suit and the information we know about the occurrence or offense are such that we determine that no conflict exists between your interests and the interests of the indemnitee e. You and the indemnitee 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 you and the indemnitee and 3. The following replaces the last sentence of Paragraph 2 of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION 1 COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and nec essary litigation expenses as Supplemen tary Payments ends when a We have used up the applicable limit of insurance in the payment of judg ments settlements or medical ex penses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. wing replaces Paragraph 2 of b Contractual Liability in Para of SECTION 1 COVERAGES A BODILY INJURY AND PROPERTY JABILITY ied by you in a contract or nent that is an insured con provided that the bodily in or property damage occurs juent to the execution of the t or agreement. Solely for the ses of liability assumed by you Insured contract reasonable oy fees and necessary litigation ses incurred by or for a party than an insured will be deemed damages because of bodily in or property damage provided bility to such party for or for cost of that party s defense s also been assumed by you in same insured contract and CG D4 21 07 08 2008 The Travelers Companies Inc. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION DISCRIMINATION This endorserment modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1 The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Discrimination Bodily injury arising discrimination based upon a sex sexual orientation marital pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or other characteristic attribute trait condition or status that qualifies a person for protection against discrim ination under federal state or local law. out of person s status 2. The following exclusion is added to Paragraph 2. Exclusions of SECTION 1 COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Discrimination Personal injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrim ination under federal state or local law. CG D142 0219 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted materlal of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION AIRCRAFT PRODUCTS AND GROUNDING This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROVISIONS 1 The following exclusion is added to Paragraph 2. Exclusions of either SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY whichever section is included in the Coverage Part Aircraft Products And Grounding Bodily injury or property damage in cluded within the products completed operations hazard and arising out of any aircraft product or the grounding of any aircraft. The following is added to the DEFINITIONS Section Aircraft product means a. Aircraft including missile or space craft and any ground support or con trol equipment used with any aircraft missile or spacecraft b. Any of your products manufactured for used in connection with or in corporated into aircraft aircraft parts aircraft equipment or aircraft acces sories including ground handling tools and equipment t. Any of your products used for the purpose of guidance navigation or di rection of aircraft whether an aircraft is in flight or on the ground or d. Training aids navigation charts navi gation aids manuals blueprints engi neering or other data or advice ser vices and labor relating to such air craft or products. Grounding means the withdrawal of one or more aircraft from flight opera tions or the Iimposition of speed pas senger or load restrictions on such air craft by reason of the actual alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof a. Sold handled or distributed by the insured or b. Manufactured assembled or proc essed by any other person or organi zation 1 According to specifications plans suggestions orders or drawings of the insured or 2 With tools machinery or other equipment furnished to such per sons or organizations by the in sured whether such aircraft so withdrawn or restricted are owned or operated by the same or different persons or organiza tions. CG T3 2308 M 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 | 2 |
TABLE OF CONTENTS SECTION EMPLOYEE BENEFITS LIABILTY COVERAGE Insuring Agreement Exclusions.... Supplementary Payments SECTION I WHO 1 AN INSURED SECTION 11I LIMITS OF INSURANCE SECTION IV DEDUCTIBLE... SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS Bankruptcy Duties in The Event of Act Error or Omission Legal Action Against Us. Other nsurance... Premium Audi Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew Cancellation Nonrenewal And Renewal Conditions Applicable To Commercial General Liability Coverage Part... SECTION VI EXTENDED REPORTING PERIODS.. SECTION VII DEFINITIONS..... EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page CG TO 43 01 16 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page SECTION EMPLOYEE BENEFITS LIABILTY COVERAGE Insuring Agreement Exclusion Supplementary Payment SECTION 1I WHO 1S AN INSURED... SECTION 11I LIMITS OF INSURANCE SECTION 1V DEDUCTIBLE SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 5 Bankruptcy O Duties in The Event of Act Error or Omission 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 Cancellation Nonrenewal And Renewal Conditions Applicable To Commercial General Liability Coverage Part an NNNNoeo oo SECTION VI EXTENDED REPORTING PERIODS... SECTION VII DEFINITIONS.... EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Page 1 of 1 CG TO 43 01 16 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER zLP71N28055 20 15 ISSUE DATE 061020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCT RECALL EXPENSE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Endorsement Period The endorsement period is the same as the policy period of the General Liability coverage afforded by this policy. f this Product Recall Expense Coverage has been added during the policy period the effective date of coverage is as stated in the policy change endorsement accompanying this endorsement. Limits Of Insurance Aggregate Limit 50000 Each Product Recall Limit 25000 Retained Limit Each Product Recall NONE Description Of Covered Products DIGITAL VIDEO IMAGING AND STORAGE PRODUCTS MANUFACTURED NO EARLTER THAN 50000 25000 NONE DIGITAL VIDEO IMAGING AND STORAGE PRODUCTS MANUFACTURED NO EARLIER THAN TWENTY FOUR 24 MONTHS PRIOR TO THE BEGINNING OF THE POLICY PERIOD Recall Territory UNITED STAT Rate 0.000 Estimated Premium minimum and deposit PROVISIONS of the terms of the Coverage Part to which this endorsement is attached apply to the insurance provided by this endorsement except for the COMMON POLICY CONDI TIONS SECTION Il WHO IS AN INSURED SECTION 1V COMMERCIAL LIABILITY CON DITIONS as amended by Section 4. of this endorsement and the DEFINITIONS Section 1. INSURING AGREEMENT a We will pay 90 of product recall expense you incur in excess of the Retained Limit shown in the Schedule above as the result of a product re call you initiate during the endorse ment period. A product recall will be deemed to be initiated by you on the date you announce the recall to UNITED STATES CANADA PUERTO RICO 0.000 the general public or inform a gov ernment agency of your intent to ini tiate a recall whichever comes first. b. We will only pay for product recall expense arising out of your prod ucts which il Are designated as covered prod ucts in the schedule above and il Are recalled from the recall terri tory shown in the Schedule above and iii Have been physically relinquished to others. The amount we will is limited as described in Part 3 lMITS OF INSUR ANCE. CG D2 31 09 99 The Travelers Companies Inc. 1999 Page 1 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY 2. EXCLUSIONS This insurance does not apply to prod uct recall expense arising out of a Any fact circumstance or situation which existed at the inception date of the policy and which you were aware of or could reasonably have foreseen that would have resulted in a prod uct recall. This exclusion does not apply if this is a continuation of coverage for product recall expense provided by us during the policy pe riod immediately preceding this pol icy period and you first became aware of such fact circumstance or situation during the policy period immediately preceding this policy pe riod. However this coverage will ap ply only to the extent that the cover age under the preceding policy would have applied including but not limited to the limits of insurance offered un der that preceding policy. Deterioration decomposition or trans formation of a chemical nature ex cept If caused by an error in the manufacture design processing stor age or transportation of your prod uct The withdrawal of similar products or batches that are not defective when a defect in another product or batch has been found. Acts errors or omissions of any of your employees done with the prior knowledge of any of your officers or directors Inherent vice meaning a natural con dition of property that causes it to deteriorate or become damaged. Bodily injury or property damage. Failure of your product to accom plish its intended purpose including any breach of warranty of fitness quality efficacy or efficiency whether written or implied. Loss of reputation customer faith or approval or any costs incurred to re gain customer market or any other consequential damages. Legal fees or expenses. Damages claimed for any loss cost or expense incurred by you or others for the loss of use repair replace ment or uct. The withdrawal of your products because they contain any material banned or declared unsafe by any governmental entity. However this exclusion only applies to the with drawal of your products which were manufactured or distributed after the date that the material was banned or declared unsafe. adjustment of your prod 3. LIMITS OF INSURANCE The Limits of The Aggregate Limit shown in the Schedule above is the most we will pay in excess of the retained limit for the sum of all product recall ex pense you incur as a result of all product recalls you initiate during the endorsement period. The Each Product Recall Limit shown in the Schedule above is the most we will pay subject to the Aggregate Limit for product recall expense in excess of the retained limit you incur for any one product recall you ini tiate during the endorsement period. Insurance are in addition to the retained limit and product recall expense within the retained limit will not erode these limits. 4. ADDITIONAL CONDITIONS Duties in the Event of a Product Re call In the event of a recall you must 1 See to it that we are notified as soonh as practicable of a product recall. To the extent possible no tice should include how when and where the product recall took place and estimated product re call expense. 2 Take all reasonable steps to minimize product recall expense. This will not increase the limit of insurance. 3 If requested permit us to ques tion you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim including your books and records. Your an swers must be signed. inspect and obtain other information product 8 Permit us to records and The Travelers Companies Inc 1999 Page 2 of 4 CG D2 31 09 99 | 2 |
COMMERCIAL GENERAL LIABILITY proving the loss. You must send us a signed sworn statement of loss containing the information we request to investigate the claim. You must do this within 80 days after our request. B Cooperate with us in the investi gation or settlement of any claim. 6 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss to which this insurance ap plies. Other Insurance If there is other valid and collectible insurance covering the same product recall expense covered by this insur ance then we will pay only for the amount of product recall expense that exceeds the amount of product recall expense covered by that other insurance. This provision does not apply to insurance purchased specifi cally to apply in excess of this in surance. We will not pay more than our applicable Limit of Insurance. Premium The premium shown in the Schedule above is a minimum and deposit premium At the close of each audit period we will compute the earned premium for that period using the rate shown in the Schedule above. If the earned premium is less than the estimated premium shown in the Schedule then the estimated premium will be the final earned premium. If the earned premium Iis greater than the estimated premium then we will bill you for the difference. The audit premium will be due and payable upon notice. Transfer of Rights of Recovery Against Others to Us If you have rights to recover all or part of any payment we have made under this coverage those rights are transferred to us. You must do noth ing after loss to impair those rights. Any recoveries hereunder shall be ap plied in the following order 1 Any interest including the insured that may have paid any amount with respect to liability in excess of the limit of our liability here under 2 Us for the amount paid hereunder 3 All other interests including the insured with respect to the resi due if any. This includes rights to salvage pro ceeds. Abandonment There can be no abandonment of property to us unless we specifically agree to such abandonment in writing. 5. ADDITIONAL DEFINITIONS For the purposes of this endorsement the following additional definitions apply Product recali means a withdrawal or removal from the market of your product based on the determination by you or any regulatory or govern mental agency that 1 the use or consumption of your product has caused or will cause actual or alleged bodily injury or property damage and such determination requires you to recover possession or control of your product from any distribu tor purchaser or user or to de stroy your product but only if your product is unfit for use or consumption or is hazardous as a result of 2 A. an error or omission by an in sured in the design manufac turing processing labeling storage or transportation of your product or B. actual or alleged intentional malicious or wrongful altera tion or contamination of your product by someone other than you. Product recall expense means rea sonable and necessary expenses for 1 Telephone radio television or other electronic communication and printed advertisements includ ing stationery envelopes and postage. 2 Transporting recalled products from any purchaser distributor or user to locations designated by you. 3 Remuneration pald to your em ployees for overtime as well as CG D2 31 09 99 The Travelers Companies Inc. 1999 Page 3 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY remuneration paid to additional employees or independent contrac tors you hire. 8 Transportation and accommodation expenses incurred by your em ployess. 5 Rental expense incurred for tem porary locations used to store re called products. 6 Expenses incurred to properly dis pose of recalled products includ mgdpackaglng that can not be re used. 7 Transportation expenses incurred to replace recalled products. 8 Inspection and testing of your products to determine whether or not they may be subject to a product recall. These expenses must be Incurred as a result of a product recall. Page 4 of 4 The Travelers Companies Inc. 1999 CG D2 31 09 99 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER zLP71N28055 20 15 ISSUE DATE 061020 THIS ENDORSEMIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit 10000000 Designated Projects All Active Projects for which you have a written contract General Aggregate Limit stated in the Schedule above is the most we will pay for the sum of all 1. Medical Expenses under COVERAGE C SECTION 1 2. Damages under COVERAGE A SEC TION 1 except damages because of bodily injury or property damage included in the products completed operations hazard and 3. Damages under COVERAGE B SEC TION 1 regardless of the number of a. Insureds b. Claims made or suits brought. Persons or organizations making claims or bringing suits or d. Designated projects listed in the SCHEDULE above. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVER AGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can be attributed only to operations at a single designated If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The Total project shown in the Schedule above 1. A separate Designated Project Gen eral Aggregate Limit applies to each designated project and that limit is equal to the amount of the Gen eral Aggregate Limit shown in the Declarations. Subject to the Total General Aggre gate Limit stated in the Schedule above the Designated Project Gen eral Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A except damages because of bodily injury or prop erty damage included in the prod ucts completed operations hazard and for medical expenses under COV EFfKAGE C regardless of the number of a Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits Any payments made under COVER AGE A for damages or under COV ERAGE C for medical expenses shall CG D3 21 01 04 The Travelers Companies Inc. 2004 Page 1 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY reduce both the Total General Aggre gate Limit stated in the Schedule above and the Designated Project General Aggregate Limit for that des ignated project. Such payments shall not reduce the General Aggre gate Limit shown in the Declarations nor shall they reduce any other Des ignated Project General Aggregate Limit for any other designated pro ject shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the Gen eral Aggregate Limit shown in the Declarations such limits will be sub ject to both the Total General Ag gregate Limit stated in the Schedule above and the applicable Designated Project General Aggregate Limit. C. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVER AGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can not be attributed only to operations at a single designated project shown in the Schedule above 1. Any payments made under COVER AGE A for damages or under COV ERAGE C for medical expenses shall reduce the amount available under the Total General Aggregate Limit stated in the Schedule above and the General Aggregate Limit or the Products Completed Operations Ag gregate Limit whichever is applica ble and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. As respects this Provision. the limits shown in the Declarations for Each Oc currence Damage To Premises Rented To You and Medical Expense continue to apply. D. Part 2. of SECTION NI LIMITS OF INSUR ANCE is deleted and replaced by the fol lowing 2 The General Aggregate Limit is the most we will pay for the sum of a Damages under Coverage B and b. Damages from occurrences un der COVERAGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can not be at tributed only to operations at a single designated project shown in the SCHEDULE above. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included Iin the products completed operations hazard will reduce the Products Completed Op erations Aggregate Limit and not reduce the Total General Aggregate Limit stated in the Schedule above the General Ag gregate Limit or the Designated Project General Aggregate Limit. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Project means an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applica ble aggregate limit of insurance each project that includes premises involv ing the same or connecting lots or premises whose connection is inter rupted only by a street roadway wa terway or right of way of a rallroad shall be considered a single project. The provisions of LIMITS OF INSUR ANCE SECTION IIl not otherwise modi fied by this endorsement shall continue to apply as stipulated. Page 2 of 2 The Travelers Companles Inc. 2004 CG D3 21 01 04 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER ZLP71N28055 20 15 ISSUE DATE 061020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organizationsk VILLAS AT CARRINGTON SQUARE ATTN RENTERS INSURANCE COMPLIANCE 6060 POPLAR AVE SUITE 201 MEMPHIS TN 38119 3980 Section 1l Who Is An Insured is amended to include as an additional insured the per sons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage personal injury or advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf A. In the performance of your ongoing op erations or B. in connection with your premises owned by or rented to you. 2008 The Travelers Companies Inc. Page 1 of 1 CG DA 11 04 08 d material of Insurance Services Office Includes the copyrighte Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exciusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial pro tection law or any other bodily injury or property damage alleged in any claim or suit that also alleges any such violation The following exclusion is added to Paragraph 2. Exclusions of SECTION I COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a consumer financial pro tection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. 3. The following s added to the DEFINITIONS Section Consumer financial identity informa lected for the Purpose of serving as a factor in establishing such person s eligibility for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expiration date or the balance of any credit debit bank or other financial account. b Information bearing on a person s credit worthiness credit standing or credit capacity. Social security number d. Drivers license number.. Birth date. Consumer financial protection law means The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transac tions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribu tion or use of consumer financial identity information CG D6 18 10 11 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 | 2 |
e e e 40724 Ed. 12 90 AGENT COPY Page 2 1990 The Travelers Indemnity Company. All rights reserved. | 2 |
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POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 916 | 2 |
FORMS SCHEDULE Named Insured LAYFIELD USA CORPORATION Policy Number EG 16396397 Effective 1201 AM November 1 2019 Form Number Endt. No. Form Name Edition Date AIGSIC Eagle Occurrence Declarations Page 94444 1113 AIGSIC Eagle Occurrence Policy 103124 0514 Notice of Loss Notice of Claim Cln41 0900 Gaining the Ultimate Value Added Advantage through 127135 1217 1 Minimum Earned Premium Endorsement 94277 0307 2 Condition Of Payment Endorsement 115766 0813 3 Add Ins Prim Non Cont End Own Les Contr Your Wrk 107427 1210 4 AddI Insd Vendors Primary And Non Contributory 103388 1009 5 Cov AB C and E Addl Insd Mgr Or Lessor Of Prem 95165 0707 6 Employee Benefits Liability Insurance Endorsement 103359 1009 7 Ltd Advice Of Canc To Entit Other Than The Nam Ins 109821 0911 8 Named Insured 94275 0307 9 NY Work Employer s Liab Labor Law Excl Endt 110443 0512 10 Pier Network Provider Deductible Reduction Endt 111726 0912 1 Sch Of Insured Propertyies For Cov D1 a. And b. 94287 0307 12 Waiver Of Trans Of Rights Of Rec Agnst Oth To Us 94283 0307 13 Cov A Designated Project Ded ATS Curtain MNSCPT 1015 14 Cov A Designated Project Ded Electron Flume MNSCPT 1015 15 Notice of Cancellation Designated Entity MNSCPT 1015 16 Blanket Non Owned Locations Endorsement 118228 0914 17 Terrorism Excl All Incl Cert Acts Of Terrorism 120003 1115 18 DISCLOSURE OF CONFIDENTIAL INFO EXCLUSION 127016 0817 19 Linking of Limits Endorsement MNSCPT 1018 20 Notice Of Canc Or Cov Reduction Desig Entity Endt 94293 0307 OND O A WN CIFMSC Cl10226 | 2 |
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act as amended that you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 1021 of the Act The term act of terrorism means any act or acts that are certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 THROUGH 2015 84 BEGINNING ON JANUARY 1 2016 83 BEGINNING ON JANUARY 1 2017 82 BEGINNING JANUARY 1 2018 81 BEGINNING JANUARY 1 2019 and 80 BEGINNING ON JANUARY 1 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERSO LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION YOUR COVERAGE MAY BE REDUCED. Coverage for Acts of Terrorism is not included in the policy referenced below as the insured has rejected the offer to purchase such insurance. AIG SPECIALTY INSURANCE COMPANY NAMED INSURED LAYFIELD USA CORPORATION POLICY EG 16396397 EFFECTIVE DATES 11012019 TO 11012020 BINDER WITH NO CERTIFIED ACT INSURANCE COVERAGE REJECTED BY INSURED 119545 0715 PAGE 1 0OF 1 CI1960 | 2 |
AIG SPECIALTY INSURANCE COMPANY A Capital Stock Company herein called the Company 175 Water Street New York NY 10038 COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY DECLARATIONS NOTICE COVERAGE D IS CLAIMS MADE PLEASE READ THE ENTIRE FORM CAREFULLY. POLICY NUMBER EG 16396397 RENEWAL OF 16396397 ITEM 1. NAMED INSURED LAYFIELD USA CORPORATION ADDRESS 10038 MARATHON PARKWAY LAKESIDE CA 92040 ITEM 2. ITEM 3. ITEM 4. ITEM 5. ITEM 6. PRODUCER LOCKTON COMPANIES LLC 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 POLICY PERIOD From November 1 2019 LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT Other Than Products Completed Operations PRODUCER NO 0000036877 To November 1 2020 At 1201 AM. Standard Time at the address of the Named Insured shown above. PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT EACH LOSS LIMIT Coverage D POLLUTION LEGAL LIABILITY EACH LOSS LIMIT Coverage E ADDITIONAL POLLUTION LEGAL LIABILITY DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT COVERAGE AND DEDUCTIBLES COVERAGE A COVERAGE B COVERAGE C COVERAGE D1 COVERAGE D2 COVERAGE E1 COVERAGE E2 COVERAGE E3 COVERAGE E4 FORMS OF BUSINESS Individual POLICY PREMIUM Partnership 76121 PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED PURCHASED Joint Venture 50000 0 0 50000 50000 50000 50000 50000 50000 2000000 2000000 1000000 1000000 1000000 1000000 1000000 25000 Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002 Not Applical ble Any One Per X Organization Other than Partnership or Joint Venture PRODUCER NO 0000036877 Any One Person 50000 0 0 50000 50000 50000 50000 50000 50000 Ve AUTHORIZED REPRESENTATIVE or countersignature in states where applicable Joity 2 4yl or countersignature in states where applicable 94444 1113 CI5368 NOTICE THIS INSURER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION | 2 |
AIG SPECIALTY INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM COVERAGE D PROVIDES CLAIMS MADE AND REPORTED COVERAGE AND HAS REPORTING REQUIREMENTS DIFFERENT FROM THOSE FOR COVERAGES A B AND E. COVERAGE D REQUIRES THAT A CLAIM BE MADE UPON THE INSURED AND REPORTED IN WRITING TO US DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD IF ANY. PLEASE READ THE ENTIRE FORM CAREFULLY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. This Policy is issued in reliance upon the statements in the Application deemed to be annexed hereto. 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. Defined terms other than headings appear in bold face type. Refer to SECTION VI DEFINITIONS. SECTION I 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 DEDUCTIBLE and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B medical expenses under Coverage C or loss under Coverages D or E. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and E. 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 and 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized NOTICE THIS INSURER IS NOT LICENSED IN THE STATE OF NEW YORK AND IS NOT SUBJECT TO ITS SUPERVISION 103124 0514 Copyright American International Group Inc. 2013 CI5506 Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2004 Page 1 of 46 | 0 |
employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 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. c. 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 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 party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Page 2 of 46 103124 0514 CI5506 | 1 |
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. 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 Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 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 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of Page 3 of 46 103124 0514 CI5506 | 1 |
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 not being used to carry persons or property for a charge 3 An aircraft hired or chartered by or loaned to an insured with a paid crew but not owned by any insured 4 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 5 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 6 Bodily injury or property damage arising out a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in paragraph f.2 or f.3 of the definition of mobile equipment or 7 Bodily injury or property damage arising out of a The delivery of your product into a wrong receptacle or to a wrong address or b The erroneous delivery of your product for another product by any conveyance if under a or b the bodily injury or property damage occurs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service maintenance correction repair or replacement because of performance at the wrong address or because of any error defect or deficiency but which are otherwise completed will be deemed completed. 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 arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. 103124 0514 Page 4 of 46 CI5506 | 1 |
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 property damage other than damage by fire lightning or explosion to premises including the contents of such premises rented to you for a period of 30 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 AND DEDUCTIBLE. 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. k. Damage to Your Product Property damage to your product arising out of it or any part of it. I. 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. m. 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. 103124 0514 Page 5 of 46 CI5506 | 1 |
n. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. 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. 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. q. Nuclear Material and Radioacti ity jury or property damage arising from the radioactive toxic or explosive properties of nuclear or arising out of the actual alleged or threatened exposure of persons or property to any radioactive r. Asbestos 1 Bodily injury arising out of the presence ingestion or inhalation of or exposure to asbestos in any form or 2 Property damage arising out of the presence of or exposure to asbestos in any form. s. Lead 1 Bodily injury arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or 2 Property damage arising out of the presence of or exposure to lead in any form. 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 103124 0514 Page 6 of 46 CI5506 | 1 |
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 the person as a consequence of bodily injury to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Professional Services Bodily injury or property damage arising out of the rendering or failure to render any professional services. Punitive Damages Any punitive exemplary or the multiplied portion of multiple damages or any civil or administrative fines penalties or assessments except where such damages fines penalties or assessments are insurable by applicable law.. Criminal Fines Penalties and Assessments Any criminal fines criminal penalties or criminal assessments. Violation of Statutes in Connection with Sending Transmitting or Communicating any Material or Information Bodily injury or property damage arising out of or resulting from caused directly or indirectly in whole or in part by any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that includes addresses or applies to the sending transmitting or communicating of any material or information by any means whatsoever. Covered under Coverage D or E Any bodily injury or property damage covered or associated with a suit for which a defense is being provided under COVERAGE D POLLUTION LEGAL LIABILITY or COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY. Exclusions c. through n. do not apply to damage by fire lightning or explosion to premises while rented to 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 AND DEDUCTIBLE paragraph 6. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 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 Page 7 of 46 103124 0514 CI5506 | 1 |
seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION Ill LIMITS OF INSURANCE AND DEDUCTIBLE and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A or B medical expenses under Coverage C or loss under Coverages D or E. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B AND E. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published with Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior to Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality of Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description of Prices Page 8 of 46 103124 0514 CI5506 | 1 |
Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 30. a. b. and c. of personal and adve under SECTION VI DEFINITIONS. g injury For the purpose of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Personal and advertising injury arising out of any 1 Request demand or order 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. War Page 9 of 46 103124 0514 CI5506 | 1 |
Personal and advertising injury arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. Nuclear Material and Radioactivity Personal and advertising injury arising from the radioactive toxic or explosive properties of nuclear material or arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter. Asbestos Personal and adverti asbestos in any form. ng injury arising out of the presence ingestion or inhalation of or exposure to Lead Personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form. Employment Related Practices 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 the person as a consequence of bodily injury to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Professional Services Personal and advertising injury arising out of the rendering or failure to render any professional services. Punitive Damages Any punitive exemplary or the multiplied portion of multiple damages or any civil or administrative fines penalties or assessments except where such damages fines penalties or assessments are insurable by applicable law. Page 10 of 46 103124 0514 CI5506 | 1 |
v. Criminal Fines Penalties and Assessments Any criminal fines criminal penalties or criminal assessments. Violation of Statutes in Connection with Sending Transmitting or Communicating any Material or Information Personal and advertising injury arising out of or resulting from caused directly or indirectly in whole or in part by any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that includes addresses or applies to the sending transmitting or communicating of any material or information by any means whatsoever. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid 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 service. 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. 103124 0514 Page 11 of 46 CI5506 | 1 |
Workers Compensation and Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Acti es To a person injured while practicing instructing or participating in any physical exercises or games sports or athletics contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. COVERAGE D POLLUTION LEGAL LIABILITY 1. Insuring Agreements COVERAGE D1 a. THIRD PARTY CLAIMS FOR ON SITE BODILY INJURY OR PROPERTY DAMAGE We will pay loss that the insured becomes legally obligated to pay as a result of claims for bodily injury or property damage resulting from pollution conditions on or under the insured property while the person injured or property damaged is on the insured property and such pollution conditions did not first commence before the Retroactive Date if any shown in the Schedule of Insured Propertyies Endorsement provided the claim for bodily injury or property damage is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable. THIRD PARTY CLAIMS FOR OFF SITE BODILY INJURY PROPERTY DAMAGE OR CLEAN UP COSTS We will pay loss that the insured becomes legally obligated to pay as a result of claims for bodily injury property damage or clean up costs resulting from pollution conditions beyond the boundaries of the insured property that migrated from the insured property and did not first commence before the Retroactive Date if any shown in the Schedule of Insured Propertyies Endorsement provided the claim for bodily injury property damage or clean up costs is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable. THIRD PARTY CLAIMS FOR ON SITE AND OFF SITE BODILY INJURY PROPERTY DAMAGE OR CLEAN UP COSTS NON OWNED LOCATIONS We will pay loss that the insured becomes legally obligated to pay as a result of claims for i Clean up costs resulting from pollution conditions on or under the non owned location or bodily injury or property damage of parties other than a employees of the non owned location if the non owned location was used at any time for the handling storage disposal processing or treatment of waste or b the owners operators or contractors of the non owned location or ii For bodily injury property damage or clean up costs resulting from pollution conditions beyond the boundaries of the non owned location that migrated from the non owned location Page 12 of 46 103124 0514 CI5506 | 1 |
provided such pollution conditions did not first commence before the Retroactive Date shown in the Schedule of Non Owned Locations Endorsement if any and the claim for bodily injury property damage or clean up costs is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable. Under this Coverage D1 if a claim for loss is first made against the insured and reported to us in writing during the policy period or any extended reporting period if applicable in accordance with SECTION IV CONDITIONS Paragraph 2. of this Policy all claims for loss arising from the same related or continuous pollution conditions which are first made against the insured and reported under a subsequent renewal Policy issued by us or any other subsidiary or affiliate of American International Group Inc. providing substantially the same coverage as this Policy shall be deemed to have been first made against the insured and reported to us during this policy period. Coverage under this Policy for such subsequent claims shall not apply however unless at the time such claims are first made and reported the insured has maintained with us or any other subsidiary or affiliate of American International Group Inc. Pollution Legal Liability coverage substantially the same as this coverage on a continuous uninterrupted basis since the first such claim was made against the insured and reported to us. COVERAGE D2 a. THIRD PARTY CLAIMS FOR ON SITE BODILY INJURY OR PROPERTY DAMAGE We will pay on behalf of the insured loss that the insured becomes legally obligated to pay as a result of claims for bodily injury or property damage resulting from pollution conditions on or under an insured property if such bodily injury or property damage takes place while the person injured or property damaged is on such insured property. b. THIRD PARTY CLAIMS FOR OFF SITE BODILY INJURY OR PROPERTY DAMAGE We will pay on behalf of the insured loss that the insured becomes legally obligated to pay as a result of claims for bodily injury or property damage resulting from pollution conditions beyond the boundaries of an insured property that migrated from such insured property. c. EMERGENCY RESPONSE COSTS We will pay emergency response costs resulting from pollution conditions on under or that migrated from an insured property. Emergency response costs must be first incurred by the insured and reported to us during the policy period. All of the following requirements must be satisfied for this coverage D2 paragraphs a. and b. to apply The bodily injury or property damage results from pollution conditions which pollution conditions first commence during the policy period 2 Such pollution conditions first commence at an identified time and place during the policy period 3 A responsible insured discovers the pollution conditions no later than ten 10 calendar days after its commencement 4 The insured reports the pollution conditions to us in writing no later than thirty 30 business days following its discovery by a responsible insured as described in Paragraph 3 above and in accordance with Section IV.2. of the Policy 5 Such pollution conditions do not originate or arise from or relate to an underground storage tank 6 Such pollution conditions are not i heat smoke or fumes from a hostile fire or i solely with respect to bodily injury 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 and 103124 0514 Page 13 of 46 CI5506 | 1 |
7 Such pollution conditions are not a continuation or repetition of another event. For this Coverage D2 paragraph c. to apply all of the following conditions must be satisfied 1 The insured must report the emergency response costs to us in writing and in accordance with Section IV.2. of the Policy and 2 Such pollution conditions must be unexpected and unintended from the standpoint of the insured. Under this Coverage D2 all claims for bodily injury or property damage whether or not such claim is first made against the insured during the policy period arising from the same related or continuous pollution conditions shall be subject to the terms conditions and limits of this Policy solely whether or not another policy has been issued by us or any other subsidiary or affiliate of American International Group Inc. In the event that a claim that is otherwise covered under Coverage D2 of this Policy is submitted by the insured to us or any other subsidiary or affiliate of American International Group Inc. under another policy of insurance and such claim is covered in whole or in part by us or any other subsidiary or affiliate of American International Group Inc. under such other policy of insurance coverage under Coverage D2 shall not apply. DEFENSE APPLICABLE TO COVERAGE D We will have the right and the duty to defend any claim covered under Coverage D1 and D2 whichever is applicable. Our duty to defend or continue defending any such claim and to pay any loss shall cease once the applicable limit of liability as described in SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE has been exhausted. Defense costs charges and expenses are included in loss reduce the applicable limit of insurance as described in SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE and are included within the COVERAGE D Deductible amount shown in ITEM 4. COVERAGE AND DEDUCTIBLES of the Declarations. We will present any settlement offers to the insured and if the insured refuses to consent to any settlement recommended by us and acceptable to the claimant our duty to defend the insured shall then cease and the insured shall thereafter negotiate or defend such claim independently of us and our liability shall not exceed the amount less the Deductible or any outstanding Deductible balance for which the claim could have been settled if our recommendation was consented to. 2. Exclusions Applicable to Coverage D This insurance does not apply to claims or loss a. Criminal Fines Penalties and Assessments Due to any criminal fines criminal penalties or criminal assessments. b. Contractual Liability Arising from liability of others assumed by the insured under any contract or agreement unless the liability of the insured would have attached in the absence of such contract or agreement or the contract or agreement is an insured contract. c. Transportation Arising out of the maintenance use operation or loading or unloading of any conveyance beyond the boundaries of the insured property. d. Intentional Noncompliance Arising from pollution conditions based upon or attributable to any responsible insured s intentional willful or deliberate noncompliance with any statute regulation ordinance administrative complaint notice of violation notice letter executive order or instruction of any governmental agency or body. 103124 0514 Page 14 of 46 CI5506 | 1 |
Internal Expenses For costs charges or expenses incurred by the insured for goods supplied or services performed by the staff or salaried employees of the insured or its parent subsidiary or affiliate except for emergency response costs or unless such costs charges or expenses are incurred with our prior written approval at our sole discretion. Insured vs. Insured By any insured against any other insured. This exclusion does not apply to claims initiated by third parties or claims that arise out of an indemnification given by you to another insured in an insured contract. Asbestos and Lead Arising from asbestos or any asbestos containing materials or lead based paint installed or applied in on or to any building or other structure. This exclusion shall not apply to claims for bodily injury property damage or to clean up costs for the remediation of soil and groundwater. Employer s Liability Arising from bodily injury to an employee of the insured arising out of and in the course of employment by the insured. 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. Prior Knowledge Non Disclosure Arising from pollution conditions existing prior to the inception date of this Policy and known by a responsible insured and not disclosed in the application for this Policy or any previous policy for which this Policy is a renewal thereof. Identified Underground Storage Tank Solely with respect to Coverage D1 arising from pollution conditions resulting from an underground storage tank whose existence is known by a responsible insured as of the inception date of the Policy and which is located on the insured property unless such underground storage tank is scheduled on the Policy by endorsement. War Arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. Nuclear Material Arising out of the radioactive toxic or explosive properties of nuclear material and for which the United States Department of Energy or any other government authority has indemnified the insured or for which the Price Anderson Act provides protection for the insured. COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY 1. Insuring Agreements COVERAGE E1 HOSTILE FIRE AND BUILDING EQUIPMENT We will pay those sums that the insured becomes legally obligated to pay as loss because of 1 Bodily injury 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 or 2 Bodily injury property damage or environmental damage caused by heat smoke or fumes from a hostile fire. Page 15 of 46 103124 0514 CI5506 | 1 |
COVERAGE E2 PRODUCTS POLLUTION AND EXPOSURE LIABILITY We will pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury property damage or environmental damage resulting from pollution conditions caused by your product and included in the products completed operations hazard. We will also pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury or property damage resulting from ingestion or inhalation of contact with or exposure to any fumes dust particles vapors liquids or other substances originating from your product and included in the products completed operations hazard. COVERAGE E3 CONTRACTORS POLLUTION LIABILITY We will pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury property damage or environmental damage resulting from pollution conditions caused by your work. COVERAGE E4 TRANSPORTED CARGO We will pay those sums that the insured becomes legally obligated to pay as loss because of bodily injury property damage or environmental damage resulting from pollution conditions caused by an occurrence during the transportation of cargo. COVERAGE E EMERGENCY RESPONSE COSTS We will pay emergency response costs resulting from pollution conditions caused by a heat smoke or fumes from a hostile fire provided Coverage E1 is purchased b your product provided Coverage E2 is purchased c your work provided Coverage E3 is purchased or d an occurrence during the transportation of cargo provided Coverage E4 is purchased. Emergency response costs must be first incurred by the insured and reported to us during the policy period. The insured must report the emergency response costs to us in witing and in accordance with Section IV.2. of the Policy and such pollution conditions must be unexpected and unintended from the standpoint of the insured. Each of the following paragraphs is applicable to Coverages E1 through E4 a. We will have the right and duty to defend the insured to the extent applicable under each coverage of Section E1 through E4 against any suit seeking damages for bodily injury property damage or environmental damage. However we will have no duty to defend the insured against any suit seeking those damages 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 DEDUCTIBLE and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B medical expenses under Coverage C or loss under Coverages D or E. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and E. This insurance applies to bodily injury property damage or environmental damage only if 1 The bodily injury property damage or environmental damage is caused by an occurrence that takes place in the coverage territory and 2 The bodily injury property damage or environmental damage occurs during the policy period and Page 16 of 46 103124 0514 CI5506 | 1 |
3 Prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury property damage or environmental 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 property damage or environmental damage occurred then any continuation change or resumption of such bodily injury property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury property damage or environmental 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 property damage or environmental damage after the end of the policy period. Bodily injury property damage or environmental 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 property damage or environmental damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury property damage or environmental damage or 3 Becomes aware by any other means that bodily injury property damage or environmental damage has occurred or has begun to occur. All bodily injury property damage or environmental damage caused by continuous or repeated exposure to substantially the same general harmful conditions or substances which results in progressive indivisible bodily injury property damage or environmental damage over a period of days weeks months or longer shall be deemed to have occurred solely on the date of first exposure to such conditions or substances. If the date of first exposure is before the inception date of the first Commercial General Liability and Pollution Legal Liability policy we issue to you or the date of first exposure can not be determined and the bodily injury property damage or environmental damage continues during this policy period then the date of first exposure will be deemed to have occurred only on the inception date of the first Commercial General Liability and Pollution Legal Liability policy we issue to you. 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 property damage or environmental 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. b. Contractual Liability Bodily injury property damage environmental damage or emergency response costs 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 103124 0514 Page 17 of 46 CI5506 | 1 |
1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury property damage or environmental damage occurs or the emergency response costs are incurred 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 party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Aircraft Auto or Watercraft Bodily injury property damage environmental damage or emergency response costs 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 ury property damage environmental damage or emergency response costs 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 Coverage E4 except with respect to bodily injury property damage environmental damage or emergency response costs arising from the transportation of cargo by a third party carrier a that is not caused by an occurrence arising from the insured s negligence and b that involves Page 18 of 46 103124 0514 CI5506 | 1 |
1 The delivery of any cargo into a wrong receptacle or to a wrong address or 2 The erroneous delivery of one type of cargo for another if under 1 or 2 the bodily injury property damage or environmental damage occurs or the emergency response costs are incurred after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service maintenance correction repair or replacement because of performance at the wrong address or because of any error defect or deficiency but which are otherwise completed will be deemed completed. f. War Bodily injury property damage environmental damage or emergency response costs arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection act of foreign enemy civil commotion factional civil commotion military or usurped power rebellion or revolution. g. Damage to Property Property damage or environmental 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 or environmental 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 or environmental 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. 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 or environmental damage included in the products completed operations hazard. h. Damage to Your Product Property damage or environmental damage to your product arising out of it or any part of it. i. Damage to Your Work Property damage or environmental damage to your work arising out of it or any part of it and included in the products completed operations hazard. 103124 0514 Page 19 of 46 CI5506 | 1 |
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 or environmental damage to impaired property or property that has not been physically injured arising out of 1 Adefect 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. k. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. I. 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. m. Nuclear Material and Radioactivity 1 Bodily injury property damage environmental damage or emergency response costs arising from the radioactive toxic or explosive properties of nuclear material and for which the United States Department of Energy or any other governmental authority has indemnified the insured or for which the Price Anderson Act provides protection for the insured or 2 Bodily injury property damage environmental damage or emergency response costs arising out of i your product and ii the actual alleged or threatened exposure of persons or property to any radioactive matter. n. Asbestos Solely with respect to Coverages E1 and E2 1 Bodily injury arising out of the presence ingestion or inhalation of or exposure to asbestos in any form or 103124 0514 Page 20 of 46 CI5506 Page 20 of 46 | 1 |
2 Property damage arising out of the presence of or exposure to asbestos in any form. o. Lead Solely with respect to Coverages E1 and E2 1 Bodily injury arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or 2 Property damage arising out of the presence of or exposure to lead in any form. p. Internal Expenses Costs charges or expenses incurred by the insured for goods supplied or services performed by the staff or salaried employees of the insured or its parent subsidiary or affiliate except for emergency response costs or unless such costs charges or expenses are incurred with our prior written approval at our sole discretion. q. Criminal Fines Penalties and Assessments Any criminal fines criminal penalties or criminal assessments. r. Damage to Conveyance Property damage to any conveyance utilized during the transportation of cargo. This exclusion does not apply to a claim made by a third party carrier for such property damage to their conveyance arising from the insured s negligence. s. Third Party Carrier Loss incurred by a third party carrier for bodily injury property damage environmental damage or emergency response costs. This exclusion does not apply to an occurrence arising from the insured s negligence. t. Facilities or Maintenance Operations Solely with respect to Coverage E3 bodily injury property damage environmental damage or emergency response costs arising from facilites operated by you or on your behalf including associated maintenance operations. u. Non Owned Site Disposal Bodily injury property damage environmental damage or emergency response costs arising from the final disposal of material andor substances of any type including but not limited to any waste at any site or location which is not owned leased or rented by you including loading or unloading at such site or location. However this exclusion does not apply to bodily injury property damage environmental damage or emergency response costs arising from unloading operations that are performed during the policy period at such site or location. SUPPLEMENTARY PAYMENTS COVERAGES A B and E 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend under Coverages A B and E a. All expenses we incur. b. Up to 1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 103124 0514 Page 21 of 46 CI5506 | 1 |
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 500 a day because of time off from work. All costs taxed against the insured in the suit. However these payments do not include attorney s fees or attorney s expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exit between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of the indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee Page 22 of 46 103124 0514 CI5506 | 1 |
necessary litigation expenses incurred by us in connection with such defense and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph 2.b.2 of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or paragraph 2.b. 2 of SECTION COVERAGES COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY such payments will not be deemed to be damages for bodily injury and property damage and under Coverage E environmental 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 a. b. We have used up the applicable limit of insurance in the payment of judgments or settlements or The conditions set forth above or the terms of the agreement described in paragraph 2f. above are no longer met. SECTION Il WHO IS AN INSURED Applicable to Coverages A B C and E Each of the following is an insured under Coverages A B C and E 1. If you are designated in the Declarations as a. e. 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 liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company b For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1a above or c Arising out of his or her providing or failing to provide professional health care services except as respects any physician dentist nurse emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business of providing such services. 103124 0514 Page 23 of 46 CI5506 | 1 |
2 Property damage or environmental damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. 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 Policy. e. Any subsidiary associated affiliated or allied company or corporation including subsidiaries thereof of which you have more than 50 ownership interest as of the inception date of this Policy. 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 a until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b provided that you give us written notification within 180 days of the date of such acquisition or formation or before the end of the policy period whichever is earlier and c an additional premium to be charged at our discretion determined by the rates utilized at policy inception is paid when due b. Coverages A and E do not apply to bodily injury property damage environmental damage or emergency response costs 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. Any person or organization other than a third party carrier with whom you agreed to include as an insured because of a written contract written agreement or permit but only with respect to bodily injury property damage environmental damage emergency response costs or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf arising out of your operations your work equipment or premises leased rented or owned by you or your products which are distributed or sold in the regular course of a vendor s business however As respects vendors this insurance does not apply to a. Bodily injury property damage environmental damage or emergency response costs for which the vendor 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 that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you Page 24 of 46 103124 0514 CI5506 | 1 |
c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury property damage environmental damage or emergency response costs arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. above or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. As respects a manager or lessor of premises a lessor of leased equipment or a mortgagee assignee or receiver this insurance does not apply to a Any occurrence which takes place after the equipment lease expires or you cease to be a tenant. b Structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor of premises or mortgagee assignee or receiver. 5. Any person or organization that has at least a 50 controlling interest in you but only with respect to bodily injury property damage environmental damage emergency response costs or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf arising out of their financial control of you. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company unless a current or past partnership joint venture or limited liability company is an insured pursuant to paragraphs 1. through 5. above. Applicable to Coverage D Each of the following is an insured under Coverage D The Named Insured designated in the declarations and any past or present director officer partner member or employee thereof while acting within the scope of his or her duties as such and any customer with whom you have agreed in writing to include prior to a claim being made or loss being incurred with respect to such customer as an insured for loss arising from your storage handling treatment processing or disposal of their product or waste on any insured property. SECTION Il LIMITS OF INSURANCE AND DEDUCTIBLE 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 103124 0514 Page 25 of 46 CI5506 Page 25 of 46 | 1 |
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 c. Damages under Coverage B d. Loss under Coverage D and e. Loss under Coverage E except damages because of bodily injury property damage environmental damage or emergency response costs included in the products completed operations hazard. The General Aggregate Limit shall apply separately to occurrences and loss on or at a single location owned or rented by you and separately as to each other operation or project away from locations owned or rented by you. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverages A E2 and E3 for damages because of bodily injury property damage environmental damage or emergency response costs included in the products completed operations hazard. 4. Subject to 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 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to 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 lightning or explosion while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. 8. Subject to 2. above the Each Loss Limit Applicable to Coverage D is the most we will pay for loss under Coverage D for all loss because of bodily injury property damage clean up costs and emergency response costs arising out of the same related or continuous pollution conditions. 9. Subject to 2. or 3. above whichever applies the Each Loss Limit Applicable to Coverage E is the most we will pay for loss because of all bodily injury property damage environmental damage and emergency response costs arising out of any one occurrence. 10. The Limits of Insurance apply in excess of the Deductible amounts shown in Item 4. of the Declarations. The Deductible amount applies as follows a. Under Coverage D to all loss arising out of a pollution condition or the same related or continuous pollution conditions. Page 26 of 46 103124 0514 CI5506 | 1 |
b. Under Coverage A or E to all damages because of bodily injury property damage environmental damage or emergency response costs as the result of any occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. We may pay any part or all of the deductible amount to effect settlement of any claim or loss and upon notification you shall promptly reimburse us for such part of the Deductible. Subject to SECTION IV CONDITIONS Paragraph 15. Multiple Coverages if the same claim or occurrence results in coverage under more than one Coverage of this Policy only the highest Deductible under all coverages applicable to the claim or occurrence shall apply. 11. The Limits of Insurance of this Policy apply to the entire policy period. If the policy period is extended after issuance for an additional period the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or that of the insured s estate will not relieve us of our obligations under this Policy. 2. Duties in the Event of Occurrence Offense Claim Suit or Emergency Response Costs Applicable to Coverages A B C and E a. When an occurrence or offense is known to i you if you are an individual i a partner if you are a partnership i a member if you are a limited liability company or iv an executive officer or risk manager if you are a corporation you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. However this requirement will not be considered breached unless the breach occurs after such claim or suit is known to i you if you are an individual ii a partner if you are a partnership i a member if you are a limited liability company or iv an executive officer or risk manager if you are a corporation. 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 a suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or setlement of the claim or defense against the suit and Page 27 of 46 103124 0514 CI5506 | 1 |
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. 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 or emergency response costs without our consent. All Notices shall be made in writing and addressed to AIG Claims P.0. Box 305904 Nashville TN 37230 5904 866 260 0104 SeverityFNOLaig.com or other address we substitute in writing. Applicable to Coverage D a. In the event of a claim the insured shall notify us as soon as practicable but in any event during the policy period or during the extended reporting period if applicable. The insured shall furnish information at our request. When a claim has been made the insured shall forward the following to us as soon as practicable 1 All reasonably obtainable information with respect to the time place and circumstances thereof and the names and addresses of the claimants and available witnesses 2 All demands summonses notices or other process or papers filed with a court of law administrative agency or an investigative body and 3 Other information in the possession of the insured or its hired experts which we reasonably deem necessary. In the event of pollution conditions the insured shall give written notice of such pollution conditions a with respect to Coverage D1 as soon as practicable and b with respect to Coverage D2 no later than thirty 30 business days following the discovery of such pollution conditions by a responsible insured. Notice under all coverages shall include at a minimum information sufficient to identify the Named Insured the insured property the names of persons with knowledge of the pollution conditions and all known and reasonably obtainable information regarding the time place cause nature of and other circumstances of the pollution conditions. The insured must cooperate with us and offer all reasonable assistance in the investigation and defense of claims. We may require that the insured submit to examination under oath and attend hearings depositions and ftrials. In the course of investigation or defense we may require written statements or the insured s attendance at meetings with us. The insured must assist us in effecting settlement securing and providing evidence and obtaining the attendance of witnesses. All notices under this Section shall be made in writing and addressed to AIG Claims P.0. Box 305904 Nashville TN 37230 5904 Fax 866 260 0104 Email SeverityFNOLaig.com or other address we substitute in writing. Page 28 of 46 103124 0514 CI5506 | 1 |
e. No insured shall voluntarily enter into any settlement or make any payment or assume any obligation unless in response to an emergency or pursuant to environmental laws that require immediate remediation of pollution conditions without our consent which shall not be unreasonably withheld except at the insured s own cost. Applicable to Emergency Response Costs under Coverages D2and E When emergency response costs have been incurred the insured shall forward to us as soon as practicable all information including but not limited to the cause commencement and location of the pollution conditions technical reports laboratory data field notes expert reports investigations data collected invoices regulatory correspondence or any other documents relating to such emergency response costs. Applicable to All Coverages Failure to timely notify us of an occurrence or an offense which may result in a claim or to timely notify us of a claim or suit shall not automatically invalidate coverage under this Policy provided however that all of the following conditions are met a. Timely notice must have been inadvertently provided to another insurer and b. Notice must be provided to us as soon as possible once you become aware that such notice was inadvertently provided to another insurer and c. Such subsequent notice to us must not in our sole discretion i materially prejudice our defense or claims handling of any claim or suit or ii materially increase our costs for any claim or suit. Solely as respects Coverage D in any event notice must be provided to us during the policy period or during the extended reporting period if applicable. 3. Legal Action Against Us Applicable to Coverages A B C and E No person or organization has a right under this Policy 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 Policy 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 Policy or that are in excess of the applicable limit of insurance. An agreed setlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Applicable to Coverages D No third party action shall lie against us unless as a condition precedent thereto there shall have been full compliance with all of the terms of this Policy nor until the amount of the insured s obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured the claimant and us. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by the Policy. No person or organization shall have any right under this Policy to join us as a party to any action against the insured to determine the insured s liability nor shall we be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured s estate shall not relieve us of any of our obligations hereunder. Page 29 of 46 103124 0514 CI5506 | 1 |
4. Other Insurance Applicable to Coverages A B and E If other valid and collectible insurance is available to the insured for damages or loss we cover under Coverages A B or E of this Policy our obligations are limited as follows a. Primary Insurance This insurance is primary except when 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 c. below. However regardless of whether b. below applies in the event that a written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agreed to insure and such person or organization is an insured under this policy we will not seek contributions from any such other insurance issued to such person or organization. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b Thatis Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c Thatis 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 d If the damages or loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Coverage A. 2 Any other insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess we will have no duty under Coverage A B or E 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. When this insurance is excess over other insurance we will pay only our share of the amount of the damages or loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the damages or loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining damages or 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 Policy. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this 103124 0514 Page 30 of 46 CI5506 | 1 |
each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the damages or loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Applicable to Coverage D You shall promptly upon our request provide us with copies of all policies potentially applicable to loss covered by Coverage D. If other valid and collectible insurance is available to the insured for loss covered under the terms and conditions of Coverage D our obligation to the insured shall be as follows a. This insurance is primary and our obligations are not affected unless any of the other insurance is also primary. In that case we will share with all such other insurance by the method described in Subparagraph b. below. b. If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Representations By accepting this Policy you agree a. The statements in the Declarations and application for this Policy are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this Policy in reliance upon your representations and d. This Policy embodies all agreements existing between the insured and us or any of our agents relating to this insurance. Except with respect to coverage provided by SECTION COVERAGES COVERAGE D POLLUTION LEGAL LIABILITY if you unintentionally fail to disclose to us prior to the inception date all existing hazards at the inception date of this Policy we shall not deny coverage under the applicable Coverage section because of such unintentional failure. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Solely with respect to Coverage D this condition shall not apply to an insured that is a parent subsidiary or affiliate of you. Transfer of Rights of Recovery Against Others to Us Applicable to Coverages A B C and E Page 31 of 46 103124 0514 CI5506 | 1 |
If the insured has rights to recover all or part of any payment we have made under this Policy 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. Applicable to Coverage D In the event of any payment under this Policy we shall be subrogated to all the insured s rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights including without limitation assignment of the insured s rights against any person or organization who caused pollution conditions on account of which we made any payment under this Policy. The insured shall do nothing to prejudice our rights under this paragraph subsequent to loss. Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under this Policy shall accrue first to the insured to the extent of any payments in excess of the limit of coverage then to us to the extent of our payment under the Policy and then to the Insured to the extent of its Deductible. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party s share in the recovery bears to the total recovery. 8. When We Do Not Renew If we decide not to renew this Policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 9. Cancellation This Policy may be cancelled by the first Named Insured by surrender thereof to us or any of our authorized agents or by mailing to us witten notice stating when thereafter the cancellation shall be effective. This Policy may be cancelled by us only for the reasons stated below by mailing to the first Named Insured at the mailing address shown in the Declarations written notice stating when not less than sixty 60 days ten 10 days for nonpayment of premium thereafter such cancellation shall be effective. Proof of mailing of such notice shall be sufficient proof of notice. a. Material misrepresentation by the insured b. The insured s failure to comply with the material terms conditions or contractual obligations under this Policy including failure to pay any premium or Deductible when due c. A change in operations at an insured property during the policy period which materially increases a risk covered under this Policy. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the first Named Insured or by us shall be equivalent to mailing. If the first Named Insured cancels earned premium shall be computed in accordance with the customary short rate table and procedure. If we cancel earned premium shall be computed pro rata. Premium adjustment may be either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. 10. Sole Agent The Named Insured first listed in Item 1. of the Declarations shall act on behalf of all other insureds if any for the payment or return of premium receipt and acceptance of any endorsement issued to form a part of this Policy giving and receiving notice of cancellation or nonrenewal and the exercise of the rights provided in SECTION V EXTENDED REPORTING PERIOD COVERAGE D. 11. Assignment 103124 0514 Page 32 of 46 CI5506 Page 32 of 46 | 1 |
12. 13. 14. 15. This Policy may not be assigned without our prior written consent. Assignment of interest under this Policy shall not bind us until our consent is endorsed thereon. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop us from asserting any rights under the terms of this Policy nor shall the terms of this Policy be waived or changed except by endorsement issued to form a part of this Policy. Independent Counsel Applicable to Coverages A B D and E In the event the insured is entitled by law to select independent counsel to oversee our defense of a suit or claim at our expense the attorney fees and all other litigation expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the claim or suit arose or is being defended. Additionally we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending claims or suits similar to the one pending against the insured and to require such counsel to have errors and omissions insurance coverage. As respects any such counsel the insured agrees that counsel will timely respond to our requests for information regarding the claim or suit. Furthermore the insured may at any time by the insured s signed consent freely and fully waive these rights to select independent counsel. Service of Suit It is agreed that in the event of failure of us to pay any amount claimed to be due hereunder we at the request of the insured will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon General Counsel Legal Department AIG Specialty Insurance Company 175 Water Street New York NY 10038 or his or her representative and that in any suit instituted against us upon this contract we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further pursuant to any statute of any state territory or district of the United States which makes provision therefore we hereby designate the Superintendent Commissioner Director of Insurance or other officer specified for that purpose in the statute or his or her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the above named Counsel as the person to whom the said officer authorized to mail such process or a true copy thereof. Multiple Coverages Any loss claim or suit or part thereof arising out of the same event which may be alleged as covered under any of the Coverages A B C D1 D2 or E shall not be subject to coverage under such Coverage parts if we have accepted coverage provided a defense or coverage has been held to apply for any other loss claims or suits or part thereof arising out of the same event under any of the other Coverages A B C D1 D2 or E of this Policy. This condition does not apply to any claim for medical expenses under Coverage C caused by bodily injury which is covered under Coverage A or Coverage E. Page 33 of 46 103124 0514 CI5506 | 1 |
16. Our Rights and Your Duties in the Event of Pollution Conditions Applicable to Coverages D and E We shall have the right but not the duty to clean up or mitigate pollution conditions upon receiving notice as provided in Section IV.2. of this Policy. Any sums expended in taking such action by us will be deemed incurred or expended by the insured and shall be applied against the limits of coverage and deductible under this Policy. You shall have the duty to clean up or mitigate pollution conditions to the extent required by environmental laws by retaining competent professionals or contractors mutually acceptable to you and us. We shall have the right but not the duty to review and approve all aspects of any such clean up. You shall notify us of actions and measures taken pursuant to this paragraph. 17. Right of Access and Inspection To the extent the insured has such rights our authorized representatives shall have the right and opportunity but not the obligation to interview persons employed by the insured and to inspect at any reasonable time during the policy period or thereafter the insured property. Neither we nor our representatives shall assume any responsibility or duty to the insured or to any other party person or entity by reason of such right or inspection. Neither our right to make inspections sample and monitor nor the actual undertaking thereof nor any report thereon shall constitute an undertaking on behalf of the insured or others to determine or warrant that property or operations are safe healthful or conform to acceptable engineering practices or are in compliance with any law rule or regulation. You agree to provide appropriate personnel to assist our representatives during any inspection. 18. Access to Information Applicable to Coverages D and E You agree to provide to us with access to any information developed or discovered by the insured concerning loss covered under this Policy whether or not deemed by the insured to be relevant to such loss and to provide us access to interview any insured and review any documents of the insured. 19. Concealment or Fraud Applicable to Coverage D Coverage D shall be void if whether before or after clean up costs are incurred or a claim is first made you have willfully concealed or misrepresented any fact or circumstance material to the granting of such coverage the description of the insured property or the interest of the insured therein. SECTION V EXTENDED REPORTING PERIOD COVERAGE D You shall be entiled to an automatic extended reporting period as described in paragraph A. below and with certain exceptions as described in Paragraph B. below be entitled to purchase an optional extended reporting period for Coverage D upon termination of coverage as defined in Paragraph B.3. of this Section. If you renew this policy you shall be entitled to a renewal extended reporting period as described in paragraph C. below. Neither the automatic the optional nor the renewal extended reporting period shall reinstate or increase any of the limits of liability of this Policy. A. Automatic Extended Reporting Period Provided i that you have not renewed this policy or purchased any other insurance to replace this insurance which applies to a claim otherwise covered hereunder and ii you have not purchased the optional extended reporting period available under Paragraph B. below you shall have the right to the following a period of sixty 60 days following the effective date of such termination of coverage in which to provide written notice to us of claims first made against an insured during the policy period. A claim first made against an insured during the policy period and reported within the automatic extended reporting period will be deemed to have been made on the last day of the policy period provided that the claim arises from pollution conditions that first commenced before the end of the policy period and is otherwise covered by this Policy. No part of the automatic extended reporting period shall apply if the optional extended reporting period is purchased. Page 34 of 46 103124 0514 CI5506 | 1 |
B. Optional Extended Reporting Period You shall be entitted to purchase an optional extended reporting period upon termination of coverage as defined herein except in the event of nonpayment of premium and provided you have not renewed this policy or purchased any other insurance to replace this insurance as follows 1. A claim first made against an insured and reported within the optional extended reporting period if purchased in accordance with the provisions contained in Paragraph 2. below will be deemed to have been made on the last day of the policy period provided that the claim arises from pollution conditions that first commenced before the end of the policy period and is otherwise covered by this Policy. 2. We shall issue an endorsement providing an optional extended reporting period of up to forty 40 months from termination of coverage hereunder for all insured properties and non owned locations if applicable or any specific insured property or non owned location provided that you a make a written request for such endorsement to us which is received within thirty 30 days after termination of coverage as defined herein and b pay the additional premium when due. If that additional premium is paid when due the extended reporting period may not be cancelled provided that all other terms and conditions of the Policy are met. 3. Termination of coverage occurs at the time of cancellation or nonrenewal of this Policy by you or us or at the time of our deletion of a location which previously was an insured property or non owned location. 4. The optional extended reporting period is available to you for not more than 200 of the full Policy premium stated in the Declarations. Renewal Extended Reporting Period Provided that you have renewed this policy you shall have the right to the following a period of sixty 60 days following the expiration of the policy period in which to provide written notice to us of claims first made against an insured within sixty 60 days prior to the expiration of the policy period. A claim first made against an insured within sixty 60 days prior to the expiration of the policy period and reported within the renewal extended reporting period will be deemed to have been made on the last day of the policy period of this Policy. SECTION VI 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 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. Auto means a A. land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Page 35 of 46 103124 0514 CI5506 | 1 |
b Any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury physical injury sickness disease mental anguish shock or emotional distress sustained by any person including death resulting from any of these at any time. 4. Cargo means the insured s goods products or wastes transported by the insured or by third party carriers properly licensed to transport such goods products or wastes. 5. Claim means Applicable to Coverages Aor B A written demand received by the insured alleging liability or responsibility on the part of the insured. Applicable to Coverage D or E A written demand seeking a remedy or alleging liability or responsibility on the part of the insured for loss. 6. Certified industrial hygienist means a licensed professional as established by the American Board of Industrial Hygiene mutually agreed upon by you and us. We may also exercise the right to require that such certified industrial hygienist have certain minimum qualifications with respect to their competency including experience with similar microbial matter remediation. 7. Clean up costs means reasonable and necessary expenses including legal expenses incurred with our written consent which consent shall not be unreasonably withheld or delayed for the investigation removal abatement or remediation including associated monitoring or disposal of soil surfacewater groundwater microbial matter legionella pneumophila or other contamination a. To the extent required by environmental laws or b. With respect to microbial matter in the absence of an applicable environmental law to the extent recommended in writing by a certified industrial hygienist or a registered occupational hygienist or registered occupational hygiene technologist c. That have been actually incurred by the government or any political subdivision of the United States of America or any state thereof or Canada or any province thereof or by third parties or d. With respect to legionella pneumophila in the absence of an applicable environmental law to the extent required in writing by the United States Center for Disease Control or Public Health Agency of Canada or local health department. Clean up costs also include restoration costs. 8. Conveyance means any auto railcar train watercraft or aircraft used in the transportation of cargo. A conveyance does not include pipelines. 9. Coverage territory means Applicable to Coverages A B and C a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or 103124 0514 Page 36 of 46 CI5506 | 1 |
c. All other parts of the world if the injury or damages arises out of 1 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 2 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication Provided that with respect to 1 and 2 above the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a setlement we agree to. 3 Goods or products made or sold by you in the territory described in a. above but a This insurance does not serve to satisfy any requirement in any country that requires the purchase of locally admitted insurance and b With respect to claims or suits instituted in courts in other than the territory described in a. above we shall have the right but not the duty to i Defend any such suit or Make such investigation negotiation and setlement of any such claim or suit as we deem expedient. You under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary for any claim or suit which we elect not to investigate settle or defend. Subject to prior authorization by us you will effect to the extent possible such settlements as we and you deem prudent. We will reimburse you for the cost of any such investigation settlement or defense in currency of the United States of America at the rate of exchange prevailing on the date of payment. c We assume no responsibility for furnishing certificates or evidence of insurance or bonds in any country in which we are not an admitted or authorized insurer. d We will not be liable for any fine or penalty imposed on you for i Your failing to insure in an admitted or authorized insurer or Any other failure of yours to comply with an insurance law of a county state province territory or possession in which we are not an admitted or authorized insurer. Applicable to Coverage D The United States of America including its territories and possessions and Canada. Applicable to Coverage E a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above and further provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to c. All other parts of the world if the injury or damages arises out of goods or products made or sold by you in the territory described in a. above but 1 This insurance does not serve to satisfy any requirement in any country that requires the purchase of locally admitted insurance and 103124 0514 Page 37 of 46 CI5506 Page 37 of 46 | 1 |
2 With respect to claims or suits instituted in courts in other than the territory described in a. above we shall have the right but not the duty to i Defend any such suit or ii Make such investigation negotiation and settlement of any such claim or suit as we deem expedient. You under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary for any claim or suit which we elect not to investigate settle or defend. Subject to prior authorization by us you will effect to the extent possible such settlements as we and you deem prudent. We will reimburse you for the cost of any such investigation settlement or defense in currency of the United States of America at the rate of exchange prevailing on the date of payment. 3 We assume no responsibility for furnishing certificates or evidence of insurance or bonds in any country in which we are not an admitted or authorized insurer. 4 We will not be liable for any fine or penalty imposed on you for i Your failing to insure in an admitted or authorized insurer or ii Any other failure of yours to comply with an insurance law of a county state province territory or possession in which we are not an admitted or authorized insurer. 10. Emergency response costs means reasonable and necessary expenses including legal expenses incurred with our written consent which consent shall not be unreasonably withheld or delayed incurred by you or third parties to respond to pollution conditions that necessitate immediate action and are incurred within seventy two 72 hours of the first commencement of such pollution conditions or as pre approved by us in writing. 11. Employee includes a leased worker. Employee does not include a temporary worker except with respect to Coverage D1 c. wherein employee includes a temporary worker. 12. Environmental Damage means Applicable to Coverages E1 E2 and E4 Physical damage to soil surfacewater or groundwater caused by pollution conditions and giving rise to clean up costs. Applicable to Coverage E3 a. Physical damage to soil surfacewater or groundwater caused by pollution conditions and giving rise to clean up costs and b. Solely with respect to microbial matter physical damage to buildings or other structures caused by pollution conditions and giving rise to clean up costs. Environmental damage does not include property damage. 13. Environmental laws means any federal state provincial or local laws including but not limited to statutes rules regulations ordinances guidance documents and governmental judicial or administrative orders and directives that are applicable to pollution conditions. 14. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 15. Extended reporting period means either the automatic additional period of time or the optional additional period of time or the renewal period of time whichever is applicable in which to report claims following termination of coverage as described in SECTION V EXTENDED REPORTING PERIOD of this Policy. 103124 0514 Page 38 of 46 CI5506 | 1 |
16. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 17. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. b. 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 the terms of a contract or agreement if such property can be restored to use by a. b. The repair replacement adjustment or removal of your product or your work or Your fulfiling the terms of the contract or agreement. 18. Insured contract means Applicable to Coverages A and E a. A contract for a lease of premises. However that portion of the contract for a lease of premises in excess of thirty 30 consecutive days that indemnifies any person or organization for damage by fire lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement 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 environmental damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for any injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1a and b above and supervisory inspection architectural or engineering services. Applicable to Coverage D A written contract or agreement with your customer that indemnifies them for loss arising from your storage 103124 0514 Page 39 of 46 CI5506 | 1 |
19. 21. handling treatment processing or disposal of their product or waste on any insured property or any other written contract or agreement submitted to and approved by us and listed on an endorsement to this Policy. Insured property means Applicable to Coverage D1 Each of the locations identified in the Schedule of Insured Propertyies Endorsement attached to and made a part of this policy. Applicable to Coverage D2 A premise located in the coverage territory during the time that such premise is owned occupied rented or leased by the insured during the policy period.. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft railcar watercraft or auto b. While it is in or on an aircraft railcar watercraft or auto or c. While itis being moved from an aircraft railcar watercraft or auto to the place where it is finally delivered but solely with respect to Coverages A B and C 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 railcar watercraft or auto.. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad.. Loss means Applicable to Coverage D1 a. Monetary awards or settlements of compensatory damages where allowable by law punitive exemplary or multiple damage and civil fines penalties or assessments for bodily injury or property damage b. Costs charges and expenses incurred in the defense investigation or adjustment of claims for such compensatory damages or punitive exemplary or multiple damages and civil fines penalties or assessments or for clean up costs c. Clean up costs or d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. Applicable to Coverage D2 a. Monetary awards or settlements of compensatory damages where allowable by law punitive exemplary or multiple damage and civil fines penalties or assessments for bodily injury or property damage Page 40 of 46 103124 0514 CI5506 | 1 |
24. Costs charges and expenses incurred in the defense investigation or adjustment of claims for such compensatory damages or punitive exemplary or multiple damages and civil fines penalties or assessments Emergency response costs or 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 500 a day because of time off from work. Applicable to Coverage E a. b. c. Monetary awards or settlements of compensatory damages where allowable by law punitive exemplary or multiple damage and civil fines penalties or assessments for bodily injury property damage or environmental damage Clean up costs or Emergency response costs. Microbial matter means fungi mold or mildew whether or not such microbial matter is living.. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning Page 41 of 46 103124 0514 CI5506 | 1 |
2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressor pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law 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. 26. Natural Resource Damage means physical injury to or destruction of including the resulting loss of value of land fish wildlife biota air water groundwater drinking water supplies and other such resources belonging to managed by held in trust by appertaining to or otherwise controlled by the United States including the resources of the fishery conservation zone established by the Magnuson Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq. any state or local government any foreign government any Indian tribe or if such resources are subject to a trust restriction on alienation any member of an Indian tribe. 27. Non owned location means each of the locations identified in the Schedule of Non Owned Locationss Endorsement attached to and made a part of this Policy. 28. Nuclear material means source material special nuclear material or by product material which have the meanings given them in the Atomic Energy Act. 29. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 30. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement g. Infringing upon another s copyright trade dress or slogan in your advertisement or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person provided such discrimination or humiliation 1 is done without the direction knowledge or consent of i any insured or ii any executive officer director officer stockholder partner or member of any insured and 2 is not directly or indirectly related to employment former or prospective employment termination of employment or application for employment of any person or persons by any insured. 31. 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. 103124 0514 Page 42 of 46 CI5506 | 1 |
Pollutants shall include Microbial Matter and legionella pneumophila. 32. Pollution conditions means the discharge dispersal release or escape of pollutants into or upon land or any structure on land the atmosphere or any watercourse or body of water including groundwater provided such conditions are not naturally present in the environment in the amounts or concentrations discovered. 33. Products completed operations hazard a. b. Includes all bodily injury property damage or environmental 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. Does not include bodily injury property damage or environmental 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. 34. Professional services means those architectural engineering consulting land surveying or landscape architecture services that are performed for a fee by you or on your behalf. Professional services does not include a. b. Services for or associated with the management or operation of any facility by you or on your behalf. Any evaluation consultation opinion or advice given by you or others for whom you are legally liable in connection with your product or Any actual construction erection demolition dismantling assembly fabrication installation or remediation services performed by you or on your behalf including the means methods techniques sequences and procedures employed in the performance of those operations by you or on your behalf. 35. Property damage means Applicable to Coverages A and B a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Page 43 of 46 103124 0514 CI5506 | 1 |
36. 37. Applicable to Coverage D1a. and D2a. a. Physical injury to or destruction of tangible property other than tangible property owned or rented by or in the care custody or control of the insured including the resulting loss of use but not diminution in value thereof b. Loss of use but not diminution in value of tangible property other than tangible property owned or rented by or in the care custody or control of the insured that has not been physically injured or destroyed or c. Natural Resource Damage. Applicable to Coverage D1. b and c. and Coverage D2b. a. Physical injury to or destruction of tangible property other than tangible property owned or rented by or in the care custody or control of the insured including the resulting loss of use and diminution in value thereof b. Loss of use but not diminution in value of tangible property other than tangible property owned or rented by or in the care custody or control of the insured that has not been physically injured or destroyed or c. Natural Resource Damage. Applicable to Coverage E a. Except with respect to Coverage E4 physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Solely with respect to coverage E4 physical injury to tangible property including the resulting loss of use and diminution in value thereof. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or d. Natural Resource Damage. In no event under this Policy shall property damage include clean up costs or environmental damage. For the purpose of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Registered occupational hygienist and registered occupational hygiene technologist means a licensed professional as established by the Canadian Registration Board of Occupational Hygienist mutually agreed upon by you and us. We may also exercise the right to require that such registered occupational hygienist and registered occupational hygiene technologist have certain minimum qualifications with respect to their competency including experience with similar microbial matter remediation. Responsible insured means your manager or supervisor responsible for environmental affairs control or compliance or any manager of the insured property or any of your officers directors or partners.. Restoration costs means reasonable and necessary costs incurred by the insured with our written consent which consent shall not be unreasonably withheld or delayed to repair replace or restore real or personal property that is damaged during work performed in the course of incurring clean up costs whether or not such property is also damaged by pollution conditions to substantially the same condition it was in prior to being damaged during work performed in the course of incurring clean up costs. Restoration costs do not include costs associated with improvements or betterments. Page 44 of 46 103124 0514 CI5506 | 1 |
39. Suit means a civil proceeding in which damages because of bodily injury property damage environmental damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages or clean up costs 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 or clean up costs are claimed and to which the insured submits with our consent. 40. 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. 41. Transportation means the movement of cargo beyond the boundaries of premises owned rented leased or occupied by you by a conveyance while in due course of transit from the time of movement from its point of origin until its delivery to its final destination including loading or unloading onto or from the conveyance. Transportation does not include cargo off loaded from the conveyance or cargo in or on a conveyance at rest for a period longer than seven 7 days prior to reaching its final destination. 42. Underground Storage Tank means any tank that has at least ten 10 percent of its volume below ground in existence at the inception date of the policy or installed thereafter including associated underground piping connected to the tank. 43. 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. 44. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 45. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and Page 45 of 46 103124 0514 CI5506 | 1 |
b. The providing of or failure to provide warnings or instructions. The remainder of this page has been intentionally left blank. Policy Signature Page shall immediately follow. Page 46 of 46 103124 0514 CI5506 | 1 |
POLICY SIGNATURE PAGE This Policy Signature Page forms a part of Policy No EG 16396397 IN WITNESS WHEREOF the Insurer has caused this policy to be signed by its President Secretary and Authorized Representative. Vs President AIG Specialty Insurance Company Az Secretary AIG Specialty Insurance Company This Policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insurer either below or on the Declarations page of the Policy. e Authorized Representative 86697 1113 Cl5428 | 2 |
AIG NOTICE OF LOSS NOTICE OF CLAIM INSTRUCTIONS PLEASE ATTACH ALL CORRESPONDENCE RELATING TO THIS NOTICE OF LOSS AND MAIL COPIES OF THIS NOTICE TO THE ADDRESS BELOW AIG Claims P.O. Box 305904 Nashville TN 37230 5904 Fax 866 260 0104 Email SeverityFNOLaig.com Date of Notice NAMED INSURED LAYFIELD USA CORPORATION ADDRESS OF INSURED 10038 MARATHON PARKWAY LAKESIDE CA 92040 TELEPHONE CONTACT BROKER NAME LOCKTON COMPANIES LLC GRACE HAGEMAN BROKER ADDRESS 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 TELEPHONE CONTACT POLICY INFORMATION Policy Number EG 16396397 Policy Period From November 1 2019 To November 1 2020 Loss Information Loss Location Date Description of Loss For AIG Use Only Date Claim Notice Received Date of Claim Company Person Filing Suit if applicable NOTE Any person who knowingly files a Statement of Claim containing any false or misleading information is subject to criminal and civil penalties. CI1141 0900 To November 1 2020 | 2 |
Gaining the Ultimate Value Added Advantage through AIG Environmental It is our goal to enhance the coverage of every environmental insurance policy by providing insureds exclusive access to market leading tools and programs to help manage risk mitigate environmental losses conduct loss control and optimize emergency response PIER Pollution Incident and Environmental Response Policyholders have access to a nationwide network of pre screened emergency response contractors environmental specialists or crisis management firms who respond in a timely manner to environmental incidents at pre negotiated rates thus helping insureds to minimize or mitigate losses associated with such incidents. Environmental insurance policyholders are automatically enrolled in this program. We have the right resources to help you respond to an environmental incident eall 1 877 PIER NOW 743 7669 and speak with a representative or access our PIER mobile website at www.aig.compier from your mobile device. Claims Expertise Our environmental claims operation with 60 claims specialists is the largest in the industry. The depth and breadth of our operation means we can devote expertise to environmental claims of all types. Report your claim by sending a fax to 866 260 0104 emailing SeverityFNOLaig.com or log onto our PIER mobile website at www.aig.compier open the Claims accordion click on Claims Form and follow the instructions. skTool Advantage RiskTool Advantage provides a unique web based system that provides clients with access to training best practices and more to help improve risk management. The complimentary web based system provides the ability to implement a company wide training program for environmental health and safety best pr actices create customized training videos using a smartphone or iPad and upload them into RiskTool Advantage for use choose from a video library of over 100 titles many available in languages other than English use mobile app to log into account remotely for access to training courses and videos Register for RiskTool Advantage by contacting a risk consulting representative. Transportation Loss Control We provide a number of transportation related loss control programs for insureds that reinforce positive driving behavior and potential improvements in loss reduction. These programs include driver monitoring and mock Department of Transportation audits. To learn more contact environmentalaig.com AIG Environmental is committed to the achievement of effective risk management objectives for clients as well as providing them access to incident response assistance with a pollution release event. 127135 1217 Cl16103 | 2 |
ENDORSEMENT NO. 1 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that in the event of cancellation by the Insured the minimum earned premium for this Policy will be 19030. All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94277 307 PAGE 1 0OF 1 CI3015 94277 307 CI3015 | 2 |
ENDORSEMENT No. 2 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITION OF PAYMENT ENDORSEMENT We shall not be deemed to provide cover and we shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose us our parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. All other terms conditions and exclusions shall remain the same. e Authorized Representative or countersignature in states where applicable 115766 0813 CI5431 PAGE 1 OF 1 | 2 |
ENDORSEMENT NO. 3 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY ENDORSEMENT OWNERS LESSEES OR CONTRACTORS YOUR WORK This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY SCHEDULE Name of Additional Insured Persons or Organizations WHERE REQUIRED BY WRITTEN CONTRACT Locations of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT I. Solely as respects COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY and COVERAGE E ADDITIONAL POLLUTION LEGAL LIABILITY 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 property damage personal and advertising injury or environmental damage arising out of your work for the additional insureds by or for you at the locations designated above. Il. As respects the coverage afforded the additional insureds scheduled above this insurance is primary and non contributory and our obligations are not affected by any other insurance carried by such additional insureds whether primary excess contingent or on any other basis. All other terms conditions and exclusions shall remain the same. Y. UTHORIZED REPRESENTATIVE or countersignature in states where applicable 107427 1210 PAGE 1 0OF 1 Cl4835 107427 1210 Cl4835 | 2 |
ENDORSEMENT NO. 4 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS ENDORSEMENT PRIMARY AND NON CONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE Name of Persons or Organizations Vendor WHERE REQUIRED BY WRITTEN CONTRACT Your Products ALL PRODUCTS OF THE NAMED VENDOR Solely as respects Coverages A E1 E2 and E3 if applicable SECTION Il WHO IS AN INSURED is amended to include as an insured any persons or organizations referred to herein as the vendor shown in the Schedule above but only with respect to bodily injury property damage environmental damage or emergency response costs arising out of your products shown in the Schedule above which are distributed or sold in the regular course of the vendor s business subject to all of the terms and conditions of this Policy and the additional following exclusions terms and conditions 1. The insurance afforded the vendor does not apply to a. Bodily injury property damage environmental damage or emergency response costs for which the vendor 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 that the vendor would have in the absence of the contract or agreement Any express warranty unauthorized by you Any physical or chemical change in your product made intentionally by the vendor Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container 103388 1009 Cl4401 PAGE 1 OF 2 | 2 |
ENDORSEMENT NO. 4 Continued e. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of your product f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of your product g. Your product which after distribution or sale by you has been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury property damage environmental damage or emergency response costs arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. above or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of your product. This insurance does not apply to any products you have acquired from a vendor or any ingredient part or container entering into accompanying or containing such products. Solely with respect to the coverage afforded to the vendor pursuant to this Endorsement SECTION IV CONDITIONS paragraph 4. Other Insurance is deleted in its entirety and replaced with the following 4. Other Insurance This insurance is primary and non contributory and our obligations are not affected by any other insurance carried by such vendor whether primary excess contingent or on any other basis. All other terms conditions and exclusions shall remain the same. 7 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 103388 1009 PAGE 2 OF 2 Cl4401 103388 1009 Cl4401 | 2 |
ENDORSEMENT NO. 5 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGES A B C AND E ADDITIONAL INSURED MANAGER OR LESSOR OF PREMISES ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE 1. Designation of Premises Part Leased to You WHERE REQUIRED BY WRITTEN CONTRACT 2. Name of Manager or Lessor WHERE REQUIRED BY WRITTEN CONTRACT Solely as respects Coverages A B C and E SECTION Il WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule above but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule above and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor shown in the Schedule above. All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 95165 707 PAGE 1 0OF 1 CI3129 95165 707 CI3129 | 2 |
ENDORSEMENT NO. 6 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows I. The following is added to SECTION COVERAGES COVERAGE EMPLOYEE BENEFITS LIABILITY LIMITS OF INSURANCE 1000000 Each Wrongful Act or Series of Related Wrongful Acts 1000000 Each Annual Aggregate DEDUCTIBLE 1000 Each Wrongful Act or Series of Related Wrongful Acts A. INSURING AGREEMENT We will pay those sums which the insured becomes legally obligated to pay as damages because of any claims against the insured due to any wrongful act of the insured or any other person for whose acts the insured is legally liable in the administration of the insured s employee benefits program as defined in Section VIII. of this endorsement. This insurance applies only if a claim for damages covered by this endorsement is first made against the insured during the policy period or if purchased the optional extended reporting period we provide under Section VL. of this endorsement. We have the right and duty to defend any suit against the insured seeking those damages even if any of the allegations of the suit are groundless false or fraudulent and we may make such investigation and settlement of any claim or suit as we deem expedient. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. B. EXCLUSIONS This endorsement does not apply to 1. Any dishonest fraudulent criminal or malicious act libel slander discrimination or humiliation 2. Bodily injury or to injury to or destruction of any tangible property including the loss of use thereof 103359 1009 Cl4374 PAGE 10OF 5 | 2 |
ENDORSEMENT NO. 6 Continued 3. Any claim for failure of performance of contract by an insurer 4. Any claim based upon the insured s failure to comply with any law concerning workmen s compensation unemployment insurance social security or disability benefits 5. Any claim based upon a. failure of any investments including but not limited to stock to perform as represented by an insured or b. advice given by an insured to an employee to participate in any investment plan including but not limited to stock subscription plans. 6. Any sums which the insured shall become legally obligated to pay as loss because of any breach of fiduciary duty or because of any breach of fiduciary duty by any person for which the insured is legally responsible and arising out of the insured s activity as a fiduciary of any plan covered by this endorsement. 7. Any claim made against the insured based on or attributable to any failure or omission on the part of the insured to effect and maintain insurance or bonding for plan property or assets. 8. Damages arising out of wrongful termination of employment discrimination or other employment related practices. 1. For the purposes of coverage provided by this endorsement A. All references to SUPPLEMENTARY PAYMENTS COVERAGES A B and E are replaced by SUPPLEMENTARY PAYMENTS COVERAGES A B E and EMPLOYEE BENEFITS LIABILITY. B. Paragraphs 1.b. and 2. of the SUPPLEMENTARY PAYMENTS provision do not apply and are deleted in their entirety with regard to this endorsement. IIl. For the purposes of the coverage provided by this endorsement SECTION IIl LIMITS OF INSURANCE AND DEDUCTIBLE is deleted in its entirety and replaced by the following 1. LIMITS OF INSURANCE a. The Limits of Insurance shown in this endorsement and the rules below fix the most we will pay regardless of the number of i Insureds ii Claims made or suits brought iii Persons or organizations making claims or bringing suits iv Wrongful acts or v Benefits included in your employee benefits program. b. The Annual Aggregate Limit is the most we will pay for all damages because of wrongful acts committed in the administration of your employee benefits program. 103359 1009 Cl4374 PAGE 2 OF 5 | 2 |
ENDORSEMENT NO. 6 Continued c. Subject to the annual aggregate limit the Each Wrongful Act or Series of Related Wrongful acts 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 as a result of a wrongful act or series of related wrongful acts. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefits program. The Limits of Insurance of this endorsement apply to the entire policy period. If the policy period is extended after issuance for an additional period the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 2. DEDUCTIBLE a. The deductible amount shown in this endorsement shall be subtracted from the total amount of all sums which we are obligated to pay or incur on behalf of the insured for each wrongful act. The limits of insurance shall not be reduced by the amount of this deductible. b. The terms of this insurance including those with respect to notice of claim or suit and our right to investigate and negotiate any such claim or suit apply irrespective of the application of the deductible amount. IV. For the purposes of the coverage provided by this endorsement Paragraph 2. of SECTION IV CONDITIONS is deleted in its entirety and replaced by the following 2. Duties in the Event of a Wrongful Act or Claim or Suit a. You must see to it that we are notified as soon as practicable of a wrongful act which may result in a claim. To the extent possible notice should include i What the wrongful act was and when it occurred and ii The names and addresses of anyone who may suffer damages as a result of the wrongful act. b. If a claim is made or suit is brought against any insured you must i Immediately record the specifics of the claim or suit and the date received and i 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 i Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit i Authorize us to obtain records and other information iii Cooperate with us in the investigation or setlement of the claim or defense against the suit and iv 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 a wrongful act to which this insurance may also apply. 103359 1009 Cl4374 PAGE 3 OF 5 | 2 |
ENDORSEMENT NO. 6 Continued d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. V. For the purposes of the coverage provided by this endorsement the following condition is added to SECTION IV CONDITIONS CONFORMITY WITH STATUTE Terms of this endorsement which are in conflict with the statute of the state wherein this endorsement is issued are hereby amended to conform to such statutes. VI. For the purposes of the coverage provided by this endorsement the following optional extended reporting provision is added to the policy OPTIONAL EXTENDED REPORTING ENDORSEMENT The coverage under the Employee Benefits Liability Insurance Endorsement may end because one of us chooses to cancel it or not renew it. If this is not the result of non payment of the premium you have the right to buy a reporting endorsement. It extends the time to report covered claims. The claim must first be made against an insured and reported to us within 3 years after the Employee Benefits Liability Insurance Endorsement ends and while the reporting endorsement is in effect. To obtain this reporting endorsement you must request it in writing and pay the additional premium within 60 days after this endorsement ends. If we do not receive written notice and payment within this period you may not exercise this right at a later date. This additional premium will not exceed 200 of the annual premium for the Employee Benefits Liability Insurance Endorsement. Once you pay the premium we can not cancel the endorsement. The optional Extended Reporting Endorsement does not reinstate or increase the Limits of Liability applicable to any claim to which the Employee Benefits Liability Insurance Endorsement applies. VII. Solely as respects coverage provided by this endorsement Definitions 5. 11. and 39. in SECTION VI DEFINITIONS are deleted in their entirety and replaced by the following 5. Claim means any demand or suit made by an employee or an employees s dependents or beneficiaries for damages as the result of a wrongful act. 11. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. 39. Suit means a civil proceeding in which damages because of a wrongful act 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. VIII. For the purposes of the coverage provided by this endorsement the following definitions are added to SECTION VI DEFINITIONS Administration means 1. Giving counsel to employees with respect to the employee benefits program 103359 1009 PAGE 40OF 5 Cl4374 PAGE 4 OF 5 | 2 |
ENDORSEMENT NO. 6 Continued Interpreting the employee benefits program Handling of records in connection with the employee benefits program Effecting continuing or terminating any employees participation in any benefit included in the employee benefits program. Breach of fiduciary duty means the violation of any of the responsibilities obligations of duties imposed upon fiduciaries by the Employee Retirement Income Security Act of 1974 or amendments thereto with respect to any plan covered by this endorsement. Employee benefits program means group life insurance group accident or health insurance profit sharing plans pension plans stock subscription plans workmen s compensation unemployment insurance social security benefits disability benefits tuition assistance plans leave of absence programs including military family and civil leave and any other similar employee benefits instituted after the effective date of this endorsement provided we are notified within thirty 30 days after the institution of such benefits. Insured means 1. 2. The Named Insured If the Named Insured is a partnership or joint venture any partner or member thereof but only with respect to their liability as such Any executive officer director or stockholder of the Named Insured while acting within the scope of their duties as such Any employee provided such employee is authorized to act in the administration of the Named Insured s employee benefits program. Wrongful Act means any actual or alleged negligent act error or omission in the administration of the employee benefits program. All other terms conditions and exclusions shall remain the same. 7 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 103359 1009 PAGE 5 OF 5 Cl4a374 103359 1009 Cl4374 | 2 |
ENDORSEMENT NO. 7 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the following is added to SECTION IV CONDITIONS In the event that we cancel this Policy for any reason other than non payment of premium and 1. the cancellation effective date is prior to this Policy s expiration date 2. you are under an existing contractual obligation to notify a certificate holder when this Policy is canceled hereinafter the Certificate Holders and have provided to us either directly or through your broker of record the email address of a contact at each such entity and 3. we received this information after you received notice of cancellation of this Policy and prior to this Policy s cancellation effective date via an electronic spreadsheet that is acceptable to us we will provide advice of cancellation the Advice via e mail to each such Certificate Holders within 30 days after you provide such information to us. Proof of our emailing the Advice using the information provided by you will serve as proof that we have fully satisfied our obligations under this Endorsement. This Endorsement does not affect in any way coverage provided under this Policy or the cancellation of this Policy or the effective date thereof nor shall this Endorsement invest any rights in any entity not insured under this Policy. All other terms conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 109821911 PAGE 1 0OF 1 C15040 109821911 CI5040 | 2 |
ENDORSEMENT NO. 8 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the following are added to Item 1. Named Insured of the Declarations Layfield Environmental Systems Corporation LESC Layfield Plastics Incorporated LPI All other terms conditions and exclusions shall remain the same. A AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94275 307 CI3013 Page 1 of 1 | 2 |
ENDORSEMENT NO. 9 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK WORK EMPLOYER S LIABILITY AND LABOR LAW EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM Solely with respect to operations or work performed within the State of New York including but not limited to your work performed therein it is hereby agreed as follows 1. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY paragraph 2. Exclusions exclusion e. Employer s Liability is deleted in its entirety and replaced with the following e. Employer s Liability Bodily injury to m An employee of any insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business. 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies m Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury and 3 To any insured including but not limited to an additional insured and 4 To any and all statutory contractual or tort liability including but not limited to liability assumed in an insured contract. nan nan nan nan 3.0 nan nan nan 4.0 110443 0512 ClI5187 PAGE 1of 2 | 2 |
ENDORSEMENT NO. 9 Continued 2. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY paragraph 2. Exclusions is amended by the addition of the following New York Labor Law 200 240 241 andor 241 a Any claim loss liability damages suit or obligation based upon arising from or in any way related to a violation or an alleged violation of 1 New York Labor Law 200 240 241 andor 241 a andor 2 New York Industrial Code Rule No. 23 12 NYCRR 23 irrespective of whether the alleged violation is by an insured or non insured person or entity. All other terms conditions and exclusions shall remain the same. e AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 110443 0512 PAGE 2 of 2 Cl15187 110443 0512 ClI5187 | 2 |
ENDORSEMENT NO. 10 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PIER NETWORK PROVIDER DEDUCTIBLE REDUCTION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that 1. The following is added to SECTION IlI LIMITS OF INSURANCE AND DEDUCTIBLE Paragraph 10. If the Named Insured utilizes a PIER network provider in response to an incident which results in emergency response costs and such emergency response costs are incurred by a PIER network provider the Named Insured s Deductible obligation shall be reduced by 50 subject to a maximum reduction of 25000 and such reduced Deductible amount shall apply among all the coverage sections applicable to the loss. In order for this Deductible reduction to apply the Named Insured must provide proof of use of a PIER network provider including at a minimum a copy of the executed written contract between the PIER network provider and the Named Insured and a copy of the invoices for such services which have been rendered under the aforementioned executed written contract in response to emergency response costs. This provision does not alter the Insured s reporting obligations under SECTION IV CONDITIONS Paragraph 2. of the Policy. The following is added to SECTION VI DEFINITIONS PIER network provider means an environmental or emergency response contractor that is a member of our PIER Pollution Incident and Environmental Response program. All other terms conditions and exclusions shall remain the same. P 5 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 111726 0912 CI5237 PAGE 10OF 1 | 2 |
ENDORSEMENT NO. 11 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF INSURED PROPERTYIES FOR COVERAGES D 1 a. AND b. ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE It is hereby agreed that COVERAGE D1 a. THIRD PARTY CLAIMS FOR ON SITE BODILY INJURY OR PROPERTY DAMAGE AND OR COVERAGE D1 b. THIRD PARTY CLAIMS FOR OFF SITE BODILY INJURY PROPERTY DAMAGE OR CLEAN UP COSTS applies to the following insured propertyies if designated by an x in the COVERAGE section below with applicable Retroactive Dates as shown COVERAGE RETROACTIVE D1a. D1b. DATES X X 11012013 LUVERAGE REIF INSURED PROPERTYIES D1a. D1b. D 1 10038 Marathon Parkway X X Lakeside CA 92040 18417 72nd Ave South X X 1 All other terms conditions and exclusions shall remain the same. Kent WA 98057 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 11012013 94287 307 CI3025 Page 1 of 1 | 2 |
ENDORSEMENT NO. 12 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows SECTION IV CONDITIONS Paragraph 7. Transfer of Rights of Recovery Against Others to Us Applicable to Coverages A B C and E is amended by the addition of the following at the end of such subparagraph We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make under Coverage A B C and E 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 below. SCHEDULE Name of Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94283 307 PAGE 1 0OF 1 Cl13021 94283 307 CI3021 | 2 |
ENDORSEMENT NO.13 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COVERAGE A DESIGNATED PROJECT DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the deductible amount shown in Item 4. COVERAGE AND DEDUCTIBLES of the Declarations is amended to 25000 per occurrence applicable to Coverage A and solely with respect to damages because of bodily injury or property damage arising out of the Designated Projects shown in the Schedule below. SCHEDULE OF DESIGNATED PROJECTS ATS Curtain Replacement project as per Subcontract Agreement made July 29 2015. All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO.14 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COVERAGE A DESIGNATED PROJECT DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the deductible amount shown in Item 4. COVERAGE AND DEDUCTIBLES of the Declarations is amended to 25000 per occurrence applicable to Coverage A and solely with respect to damages because of bodily injury or property damage arising out of the Designated Projects shown in the Schedule below. SCHEDULE OF DESIGNATED PROJECTS Electron Flume Liner Install Project in Orting WA as per Subcontract Agreement with Electron Hydro LLC. All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO.15 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION DESIGNATED ENTITY ENDORSEMENT Itis hereby agreed that if this Policy is cancelled by the Company for any reason other than non payment of premium or at the request of the Named Insured we will send 45 forty five days written notice of cancellation to the designated entity shown in the schedule below. Failure to provide such notice shall not affect the Company s rights to cancel the Policy nor shall it affect the cancellation of this Policy with regard to any entity that is not listed below or if listed below any entity to whom such notice is provided. DESIGNATED ENTITY SCHEDULE Lydig Construction Inc 3180 139th Avenue SE Ste. 110 Bellevue WA 98005 All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO. 16 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 LAYFIELD USA CORPORATION Issued to By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NON OWNED LOCATIONS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY POLICY It is hereby agreed that SECTION VI DEFINITIONS Paragraph 27. Non owned location is deleted in its entirety and replaced with the following 27. Non owned location means any of the locations identified in the Schedule of Non Owned Locations Endorsement if attached to and made a part of this Policy and locations not identified in the Schedule of Non owned Locationss Endorsement provided however that all such unscheduled locations a are located within the United States its territories or possessions or Canada b are not owned operated or managed by the Named Insured and c for any waste treatment waste storage or waste disposal facilities the pollution conditions first commenced on or after the Waste Facility Retroactive Date shown below and are 1. 2. any location or warehouse utilized for the storage or distribution of the Named Insuredd goods or products for a period not exceeding ninety 90 consecutive days or any waste treatment waste storage or waste disposal facilities utilized by or on behalf of the Named Insured for waste generated from an insured property provided that as of the date that the waste was delivered to the treatment storage or disposal facility such facilities Are properly licensed to accept and dispose of waste and are in compliance with applicable environmental laws Are not listed are not proposed for listing and have never been listed on the federal National Priorities List Superfund State equivalent list or local equivalent list Are not subject to and have not been subject to in the prior five years a Federal information request under Section 104e of the Comprehensive Environmental Response Compensation and Liability Act or Section 3007a of the Resource Conservation and Recovery Act or a State or Local equivalent request iv. If located in Canada are not subject to current or pending remedial activities required by the laws of Canada or the Province in which such facility is located and Are not bankrupt or financially insolvent and are not owned or operated by a bankrupt or financially insolvent person or entity. Waste Facility Retroactive Date 11012006 All other terms conditions and exclusions shall remain the same. AV Vs AUTHORIZED REPRESENTATIVE or countersignature in states where applicable PAGE 10OF 1 118228 0914 CI5578 | 2 |
ENDORSEMENT NO. 17 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION ALL TERRORISM CERTIFIED AND NON CERTIFIED ACTS OF TERRORISM EXCLUSION ENDORSEMENT This Policy is amended by the addition of the following Exclusion The Company has no obligation to make any payment or to provide or to pay for a defense under this Policy due to or arising directly or indirectly as a result of or in connection with Terrorism. Terrorism means the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in connection with any organization government power authority or military force when the effect is to intimidate coerce or harm a government the civilian population or any segment thereof or to disrupt any segment of the economy. The defined term Terrorism shall specifically include but is not limited to the following definition of a certified act of terrorism as follows Certified act of terrorism means any act as defined in the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015 or as further amended hereinafter TRIA that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States A. to be an act of terrorism B. to be a violent act or an act that is dangerous to 1. human life 2. property or 3. infrastructure C. to have resulted in damage within the United States or outside of the United States in the case of 1. an air carrier or vessel described in TRIA or 2. the premises of a United States mission and D. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. All other terms conditions and exclusions shall remain the same. N Je 7 AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 120003 1115 Page 1 of 1 ClI5949 FOR USE TO EXCLUDE ALL TERRORISM REJECTION OF CERTIFIED ACTS OF TERRORISM. | 2 |
ENDORSEMENT No. 18 This endorsement effective 1201 A.M. November 1 2019 forms a part of Policy No. EG 16396397 issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM A. ltis hereby agreed that SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY paragraph 2. Exclusions subparagraph p. Electronic Data is deleted in its entirety and replaced with the following p. Access or Disclosure of Confidential or Personal Information and Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. It is hereby agreed that the following exclusion is added to SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY paragraph 2. Exclusions Access or Disclosure of Confidential or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. 127016 0817 Cle084 PAGE 1 OF 2 | 2 |
ENDORSEMENT NO. 18 Continued This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. All other terms conditions and exclusions shall remain the same. WUTHORIZED REPRESENTATIVE or countersignature in states where applicable 127016 0817 PAGE 2 OF 2 Cle084 127016 0817 Cle084 | 2 |
ENDORSEMENT NO.19 This endorsement effective 1201 AM November 1 2019 Forms a part of policy no. EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LINKING OF AGGREGATE LIMITS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that regardless of the number of insureds claims made or suits brought or persons or organizations making claims or bringing suits under this Policy 16396397 and Policy 1954846 the combined total limit of liability of the Company under this Policy 16396397 and Policy 1954846 shall be 2000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 1000000 Employee Benefits Liability Annual Aggregate Limit if provided Any amounts paid under either Policy will reduce the available General Aggregate Limit Products Completed Operations Aggregate Limit and other Limits if applicable stated above and the combined total limit of liability shall not operate to increase the limit of liability as shown in each of the Policies. All other terms conditions and exclusions remain the same. j Authorzed Representative or countersignature where required by law | 2 |
ENDORSEMENT NO. 20 This endorsement effective 1201 AM November 1 2019 Forms a part of Policy No EG 16396397 Issued to LAYFIELD USA CORPORATION By AIG SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR COVERAGE REDUCTION DESIGNATED ENTITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY COVERAGE FORM Itis hereby agreed that If we cancel this Policy for any reason other than non payment of premium or at the request of the Named Insured or if we reduce coverage except for the reduction of policy limits due to the payment of damages medical expenses claim expense or loss we will send 30 thirty days written notice to the designated entity shown in the schedule below. Failure to provide notice shall not affect the Company s rights to cancel the Policy nor shall it affect the cancellation of this Policy with regard to any entity not listed below. Scheduled Designated Entity B L E e Dept. of Water Power Risk Management Section Rm. 465 111 N. Hope St. Los Angeles CA 90012 All other terms conditions and exclusions shall remain the same. Y. AUTHORIZED REPRESENTATIVE or countersignature in states where applicable 94293 307 PAGE 1 0OF 1 CI3031 94293 307 CI3031 | 2 |
ZURICH THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM RELATING TO DISPOSITION OF TRIA SCHEDULE 1 Premium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Extension Act of 2005 TRIA for lines subject to TRIA and the Terrorism Risk Insurance Program Reauthorization Act of 2007 TRIPRA General Liability 114.00 Property Portfolio Protection 385.00 If TRIA terminates the portion of this premium attributable to the remaining part of the policy period as modified by any change shown in 2 of this Schedule applies to the risk of loss from terrorism after the termination of TRIA. 2 Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement No change unless one of the following is completed Return Premium Additional Premium If we notify you of an additional premium charge the additional premium will be due as specified in such notice. Information required to complete this Schedule if not shown above will be shown in the Declarations. December 31 2014 unless extended by the federal government. A. Disclosure of Premium In accordance with the TRIA we are required to provide you with a notice disclosing the portion of C. Possibility of Additional or Return Premium your premium if any attributable to the risk of loss The premium attributable to the risk of loss from from terrorist acts certified under that Act for lines certified acts of terrorism coverage is calculated subject to TRIA. That portion of your premium based on the coverage if any in effect at the attributable is shown in the Schedule of this beginning of your policy for certified acts of endorsement or in the Declarations. terrorism. I your policy contains a Conditional Endorsement the termination of TRIA or extension of the federal program with certain modifications as explained in that endorsement may modify the extent of coverage if any your policy provides for terrorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy the return premium if any or additional premium if any shown in 2 of the Schedule will apply. If the level or terms of federal participation change the premium shown in 1 of the Schedule attributable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. B. Disclosure of Federal Parti Terrorism Losses ation in Payment of The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. The Act currently provides for no insurance industry or United States government participation in terrorism losses that exceed 100 billion in any one calendar year. The federal program established by the Act is scheduled to terminate at the end of Includes copyrighted material of ISO Properties Inc. with its permission. U GU692 C CW 0613 Copyright Zurich American Insurance Company 2013 Page I of 1 General Liability 114.00 Property Portfolio Protection 385.00 of the following is completed RIA we are required to disclosing the portion of butable to the risk of loss 1 under that Act for lines ortion of your premium the Schedule of this arations. ticipation in Payment of iment Department of the of terrorism losses insured The federal share equals amount of such insured plicable insurer retention. for no insurance industry rnment participation in d 100 billion in any one l program established by terminate at the end of | 2 |
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