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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. CGT55510 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EMPLOYEE BENEFITS PROGRAM DEFINITION This endorsement modifies insurance provided under the following EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT SCHEDULE Description of Other Similar Benefits If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Paragraph G.4 of the Employee Benefits Liability b. Coverage Endorsement CG0435 is replaced by the following 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision prescription and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made d. generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans individual retirement account IRA plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. CG76273 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CGT6442 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY FUNGI OR BACTERIA EXCLUSION NOTICE TO POLICYHOLDERS RESTRICTIONS AND CLARIFICATIONS OF COVERAGE NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY ALL ATTACHED ENDORSEMENTS AND THE DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGE YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE THE PROVISIONS OF THE POLICY SHALL PREVAIL. THIS NOTICE HAS BEEN PREPARED IN CONJUNCTION WITH THE IMPLEMENTATION OF CHANGES TO YOUR POLICY. THIS NOTICE PROVIDES INFORMATION CONCERNING FUNGI OR BACTERIA EXCLUSIONS AND YOUR POLICY. PLEASE READ THIS NOTICE CAREFULLY. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. CG2167 Fungi or Bacteria Exclusion Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is restricted to exclude bodily injury or property damage arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. coverage is clarified to exclude personal and advertising injury or personal injury or advertising injury if defined as such in your policy arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause event material or product contributed in any sequence to the injury. coverage is restricted to exclude clean up costs associated with fungi or bacteria. The exclusion does not apply to fungi or bacteria intended for bodily consumption such as mushrooms. CG3131 Fungi or Bacteria Exclusion Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Part When this endorsement is attached to your policy coverage is restricted to exclude bodily injury or property damage arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause event material or product contributed in any sequence to the injury or damage. coverage is restricted to exclude clean up costs associated with fungi or bacteria. The exclusion does not apply to fungi or bacteria intended for bodily consumption such as mushrooms. G081 4 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY 20122013 GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THIS POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 00010413 AND CG 00020413 I. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. Il. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. lll. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 14 | 2 |
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 000904 13 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 0033 04 13 AND CG 00 34 04 13 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. RAILROAD PROTECTIVE LIABILITY COVERAGE FORM CG 00350413 EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 0037 04 13 AND CG 00 38 04 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.I. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. CGB2546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 14 | 2 |
2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 00 39 04 13 POLLUTION LIABILITY COVERAGE FORM DESIGNATED SITES CG 0040 04 13 POLLUTION LIABILITY LIMITED COVERAGE FORM DESIGNATED SITES EXCLUSIONS A. BROADENING OF COVERAGE Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES Exclusion Aircraft Auto Rolling Stock Or Watercraft is generally revised to reinforce that the exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. The exclusion is also revised to express that a land motor vehicle subject to compulsory or financial responsibility laws or other motor vehicle insurance laws will not be covered with respect to its over the road exposures. DEFINITIONS OTHER CHANGES 1. Exclusion 2.j. Aircraft Auto Rolling Stock Or Watercraft is revised to delete reference to in the state. CG 00 40 only 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. ISO MULTISTATE ENDORSEMENTS BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. 2. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parties whom the named insured is obligated in writing in a contract or agreement to name as an additional insured. 3. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations. 4. Liquor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced to provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. REDUCTIONS OF COVERAGE 1 Additional Insured Users of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. 2. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises e CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Form e CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Form CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 3 of 14 | 2 |
e CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Form e CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Form Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. Primary And Noncontributory Other Insurance Condition Endorsement CG 20 01 is introduced to revise the Other Insurance Condition to indicate that coverage is provided to an additional insured on a primary and noncontributory basis provided that certain requirements are met. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less e CG 20 03 Additional Insured Concessionaires Trading Under Your Name e CG 20 05 Additional Insured Controlling Interest e CG 20 07 Additional Insured Engineers Architects Or Surveyors e CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization e CG 20 11 Additional Insured Managers Or Lessees Of Premises. CG 20 12 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises CG 20 15 Additional Insured Vendors CG 20 18 Additional Insured Mortgagee Assignee Or Receiver CG 20 23 Additional Insured Executors Administrators Trustees Or Beneficiaries CG 20 24 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased CG 20 26 Additional Insured Designated Person Or Organization CG 20 27 Additional Insured Co owner Of Insured Premises CG 20 28 Additional Insured Lessor Of Leased Equipment CG 20 29 Additional Insured Grantor Of Franchise CG 20 30 Oil Or Gas Operations Non operating Working Interests CG 20 31 Additional Insured Engineers Architects Or Surveyors CG 20 32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CGB2546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 14 | 2 |
CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor CG 20 36 Additional Insured Grantor Of Licenses CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations CG 29 35 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CG 21 16 Exclusion Designated Professional Services CG 21 52 Exclusion Financial Services CG 21 56 Exclusion Funeral Services CG 21 57 Exclusion Counseling Services CG 21 58 Exclusion Professional Veterinarian Services CG 21 59 Exclusion Diagnostic Testing Laboratories CG 22 24 Exclusion Inspection Appraisal And Survey Companies CG 22 32 Exclusion Professional Services Blood Banks CG 22 33 Exclusion Testing Or Consulting Errors And Omissions CG 22 34 Exclusion Construction Management Errors And Omissions CG 22 36 Exclusion Products And Professional Services Druggists CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments CG 22 39 Exclusion Camps Or Campgrounds CG 22 43 Exclusion Engineers Architects or Surveyors Professional Liability CG 22 44 Exclusion Services Furnished By Health Care Providers CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services CG 22 48 Exclusion Insurance And Related Operations CG 22 69 Druggists CG 22 71 Colleges Or Schools Limited Form CG 22 72 Colleges Or Schools CG 22 75 Professional Liability Exclusion Computer Software CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities CG 22 77 Professional Liability Exclusion Computer Data Processing CG 22 79 Exclusion Contractors Professional Liability CG 22 80 Limited Exclusion Contractors Professional Liability CG 22 87 Exclusion Adult Day Care Centers CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services CG 22 90 Professional Liability Exclusion Spas or Personal Enhancement Facilities CG 22 91 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions CG 22 96 Limited Exclusion Personal And Advertising Injury Lawyers CG 22 98 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CG 22 99 Professional Liability Exclusion Web Site Designers CG 23 01 Exclusion Real Estate Agents Or Brokers Errors Or Omissions CG 31 15 Construction Project Management Protective Liability Coverage CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 5 of 14 | 2 |
10.. 12. 13. 14 15. Exclusion Volunteer Workers Endorsement CG 21 66 is revised to delete reference to in the state from Exclusion 2.g. Aircraft Auto Or Watercraft. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. Pesticide Or Herbicide Applicator Coverage Endorsement CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Pesticide Or Herbicide Applicator Limited Pollution Coverage and Lawn Care Services Limited Pollution Coverage. Real Estate Property Managed Endorsement CG 22 70 is revised to reinforce that the insurance provided is excess over any other insurance available whether such insurance is primary or excess. Colleges Or Schools Endorsement CG 22 71 and CG 22 72 are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Form and the Railroad Protective Liability Coverage Form. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of the tort liability is permitted by law. Designated Locationss Aggregate Limit Endorsement CG 25 14 is introduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Principals Protective Liability Coverage Endorsement CG 28 07 is revised to delete reference to in the state from Exclusion 2.c.1ei. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide to transportation with respect to any person that may be under the influence of alcohol e CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Form e CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Form e CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Form e CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Form ISO STATE SPECIFIC ENDORSEMENTS A. REDUCTION OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following state specific endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises. e CG2601 Washington Changes Amendment Of Liquor Liability Exclusion e CG2602 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities e CG2962 Washington Changes Amendment Of Liquor Liability Exclusion e CG2963 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities CGB2546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 14 | 2 |
B. OTHER CHANGES 1. Connecticut Employee Benefits Liability Coverage CG2721 is revised with respects to an insured s right to claim information per Conn. Gen. Stat. 38a326. Claims information will now be provided no later than 30 days after receipt of a written request from the First Named Insured or the First Named Insured s agent. Limited Product Withdrawal Expense Endorsements Revised The following state specific endorsements are amended as follows The reference to to effect settlement of any claim or suit in Paragraph B.3.a. is deleted since the Insuring Agreement of the endorsement addresses coverage for product withdrawal expense not claims or suits. Paragraph B.3.b. is also revised to reinforce that the Participation Percentage is indicated in the Schedule of the endorsement rather than the Declarations. Reference to loss is revised to explicitly refer to each product withdrawal. Several editorial changes are made to remove the Limits of Insurance from the Schedule and to conform to ISO Uniformity Standards. e CG0470 Missouri Limited Product Withdrawal Expense Endorsement e CG0449 Texas Changes Limited Product Withdrawal Expense Endorsement Limited Product Withdrawal Expense Endorsements New The following state specific endorsements are new and are replacing multistate endorsement Limited Product Withdrawal Expense CG0436. They include the same changes as stated above under ISO MULTISTATE ENDORSEMENTS OTHER CHANGES Paragraph 1. e CG0462 Arkansas Limited Product Withdrawal Expense Endorsement e CG2727 Kansas Limited Product Withdrawal Expense Endorsement In addition CG0462 is different from CG0436 in that it includes a definition of punitive damages as required by Ark. Code. Ann. 23 79 307. CG2727 is different from CG0436 in that it includes a Concealment and Fraud provision that more closely reflects the definition of a fraudulent insurance act in Kan. Stat. Ann. 40 2118a. Arkansas Changes Punitive Damages CG3147 is a new mandatory endorsement and includes a definition of punitive damages as required by Ark. Code Ann. 23 79 307. Missouri Changes Medical Payments CG2650 has several editorial changes made to reletter paragraphs within the endorsement and to conform with ISO Uniformity Standards. Liquor Liability Exclusion Endorsements The following state specific endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol e CG2601 Washington Changes Amendment Of Liquor Liability Exclusion e CG2602 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities e CG2962 Washington Changes Amendment Of Liquor Liability Exclusion e CG2963 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities The following state specific endorsement is new and may replace multistate endorsement Liquor Liability Exclusion Exception for Scheduled Activities Endorsement CG2151 on your policy. This exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol e CG2129 New Hampshire Amendment Of Liquor Liability Exclusion Exception For Scheduled Activities Pesticide or Herbicide Applicator Endorsements The following state specific endorsements are revised to reflect a change in titles to include Limited Pollution. This is being done to better reflect the coverage provided by the endorsement. e CG0157 North Carolina Changes Pesticide Applicator And Dealer Limited Pollution Coverage e CG2687 Ohio Pesticide Applicator Limited Pollution Coverage CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 7 of 14 | 2 |
10. 1. 12. e CG2616 Pennsylvania Changes Pesticide Applicator Limited Pollution Coverage e CG0156 Texas Changes Pesticide Or Herbicide Applicator Limited Pollution Coverage Amendment of Insured Contract Definition Endorsements Amendment of Insured Contract Definition Endorsement CG2426 is revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party but only to the extent the assumption of the tort liability is permitted by law. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Due to this revision state specific endorsements are no longer necessary. The following endorsements are being withdrawn and CG2426 is filed in their place. e CG3224 Colorado Changes Amendment Of Insured Contract Definition e CG3133 lowa Changes Amendment Of Insured Contract Definition e CG3260 Oregon Changes Amendment Of Insured Contract Definition e CG3390 Texas Changes Amendment Of Insured Contract Definition Limited Contractual Liability Railroads Endorsements Limited Contractual Liability Railroads Endorsement CG2427 is revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party but only to the extent the assumption of the tort liability is permitted by law. Due to this revision state specific endorsements are no longer necessary. The following endorsements are being withdrawn and CG2427 is filed in their place. e CG3154 lowa Changes Limited Contractual Liability Railroads e CG3265 Oregon Limited Contractual Liability Railroads Vermont Changes Pollution CG0154 is revised to amend the Aircraft Auto or Watercraft exclusion in the Commercial General Liability Coverage Form to delete reference to in the state when referring to where a vehicle is principally garaged. Oklahoma Changes Additional Insured Engineers Or Architects CG0158 is revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Finally it is revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Additional Insured Endorsements The following state specific additional insured endorsements will be withdrawn and replaced by an equivalent multistate additional insured endorsement. State specific additional insured endorsements are no longer needed due to changes that have been made to the multistate additional insured endorsements. They have been revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the Limits of Insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. e CG3293 California Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization e CG3294 California Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You e CG3295 California Additional Insured Owners Lessees Or Contractors Completed Operations CGB2546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 8 of 14 | 2 |
CG3225 Colorado Additional Insured Engineers Architects Or Surveyors CG3226 Colorado Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG3227 Colorado Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3228 Colorado Additional Insured Owners Lessees Or Contractors Completed Operations CG3229 Colorado Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3276 Kansas Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3277 Kansas Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3278 Kansas Additional Insured Owners Lessees Or Contractors Completed Operations CG3279 Kansas Additional Insured Vendors CG3280 Kansas Additional Insured Grantor Of Franchisee CG3281 Kansas Additional Insured Engineers Architects Or Surveyors CG3282 Kansas Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG3283 Kansas Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG3284 Kansas Additional Insured Lessor Of Leased Equipment CG3286 Montana Additional Insured Engineers Architects Or Surveyors CG3287 Montana Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3288 Montana Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG3289 Montana Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3290 Montana Additional Insured Owners Lessees Or Contractors Completed Operations CG3204 New Mexico Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3205 New Mexico Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3212 New Mexico Additional Insured Owners Lessees Or Contractors Completed Operations CG3261 Oregon Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3262 Oregon Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3263 Oregon Additional Insured Owners Lessees Or Contractors Completed Operations CG3391 Texas Additional Insured Engineers Architects Or Surveyors CG3392 Texas Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG3393 Texas Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3394 Texas Additional Insured Owners Lessees Or Contractors Completed Operations CG3395 Texas Additional Insured Owners Lessees Or Contractors Scheduled Person or Organization CG3396 Texas Additional Insured Lessor Of Leased Equipment CG3397 Texas Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 9 of 14 | 2 |
EMC MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE Water Well Drillers Limited Pollution Coverage Work Site CG7658 is revised to introduce an exception to the Electronic Data Exclusion to provide that the exclusion does not apply to liability for damages because of bodily injury. B. REDUCTION OF COVERAGE Exclusion Lead CG7185 replaces CG7194. They are basically the same however CG7185 may be viewed as a slightly broader exclusion. C. OTHER CHANGES 1. 10. 1. Endorsement CG7103 is amended to correct the name and address of the government entity where cancellation information should be sent. Emergency Medical Services CG7110.1 is amended to change the current defined term certified employees and volunteers to a defined phrase certified employees or volunteers. Trampoline Exclusion CG7114.1 is amended to correct a typographical error. We are changing Section 1 to Section I. Pollution Exclusion Amendment CG7144 is amended to enhance the readability of the endorsement. We are adding a colon and inserting a iv to indicate that a new paragraph is being added to the Pollution Exclusion f within the Commercial General Liability Coverage Form. Total Pollution Exclusion Endorsement With A Building Heating. Cooling And Dehumidifying Equipment Exception A Hostile Fire Exception And A Limited Mobile Equipment Exception CG7171 is amended by the addition of quotation marks around the word suit as this is a defined term under the Commercial General Liability Coverage Form. Broad Form Products Coverage CG7176 is amended by the addition of quotation marks around the phrase your product as this is a defined phrase under the Commercial General Liability Coverage Form. We are also correcting grammatical errors. Exclusion Lead CG7185 is revised and the format now more closely tracks with language that ISO uses for many similar exclusions such as Silica. Although the language is changing the underwriting intent is not and it is neither a reduction nor broadening of coverage. Also in Oklahoma this endorsement replaces CG7185.1. They are the same form except CG7185.1 has a signature line while CG7185 does not. Community Colleges Liability CG7514 is revised by replacing the insured with any insured. This only applies to the second paragraph of Exclusion g. within this endorsement. Although this is a clarification of underwriting intent it may be viewed as a reduction in coverage. Continuous and Progressive Injury or Damage Endorsements We are revising the following endorsements to remove the reference to Exclusion q. as the Commercial General Liability Coverage Form already has another exclusion designated as q. We will leave this exclusion without a letter in order to avoid future confusion when I1SO adds new exclusions to this coverage form. e CG7315 Continuous of Progressive Injury or Damage Exclusion e CG7315.1 Continuous or Progressive Injury or Damage Exclusion Continuous Or Progressive Injury Or Damage Exclusion CG7315.2 is revised to remove the reference to Exclusion q. as the Commercial General Liability Coverage From already has another exclusion designated as q. We will leave this exclusion without a letter in order to avoid future confusion when I1SO adds new exclusions to this coverage form. Amendment of Liquor Liability Exclusion CG7456 is revised to state that even if the claims against any insured allege the negligence or other wrongdoing in the e Supervision hiring employment training or monitoring of others or e Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraphs 1 2 and 3 of this exclusion. This is a clarification of coverage. However this change may result in a reduction in coverage in states where courts have ruled that the liquor liability exclusion is inapplicable for liquor related claims alleging an insured s negligent supervision of employees handling alcohol failure to detain an intoxicated person or failure to provide transportation. CGB2546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10 of 14 | 2 |
12. 13. 14. 15. 16. 17. 18. Professional Services Exclusion Wording To reinforce the Professional Services exclusion within the following endorsements we are enhancing the exclusion to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training or supervision or monitoring of others by any insured. This is a reinforcement of coverage intent. However this change may result in a reduction in coverage in states where courts have ruled professional services exclusions to be inapplicable to negligent supervision claims and other similar types of claims. e CG7491 Health Care Extension e CG7498 Exclusion Services Furnished By Health Care Providers With An Exception For Emergency Medical Services CG7514 Community Colleges Liability CG7519 Exclusion Designated Professional Services CG7520 Exclusion Designated Professional Services CG7521 Exclusion Designated Professional Services CG7649 Additional Insured Engineers Architects Surveyors Not Engaged By You Automatic Status When Required In A Written Contract Or Agreement With You Primary And Noncontributory CG7560 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In A Written Construction Contract Primary And Noncontributory CG7661 Emergency Medical Services Personnel CG7662 Emergency Medical Services Personnel CG7680 Manufacturer s Errors Or Omissions CG7680.1 Manufacturer s Errors Or Omissions CG7680.2 Manufacturer s Errors Or Omissions CG7680.3 Manufacturer s Errors Or Omissions CG7680.4 Manufacturer s Errors Or Omissions CG7680.5 Manufacturer s Errors Or Omissions CG7680.6 Manufacturer s Errors Or Omissions CG7680.7 Manufacturer s Errors Or Omissions CG7680.8 Manufacturer s Errors Or Omissions Amendment Insured Contract Definition CG7504 is revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party but only to the extent that assumption of the tort liability is permitted by law. This is in response to the growing number of states enacting anti indemnification laws. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Exclusion Designated Work Endorsement CG7522.2 is replaced by CG7522. They are the same form except CG7522.2 has a signature line while CG7522 does not. Exclusion Designated Work Endorsement CG7522.3 is replaced by CG7522.1 does not. They are the same form except CG7522.3 has a signature line while CG7522.1 does not. Blanket Waiver Of Subrogation When Required In A Contract Or Agreement CG7555 is revised to state that this change is in addition to the policy language rather than in place of. Wholesalers Industry Extension Endorsement CG7576 and Manufacturers Industry Extension Endorsement CG7577 are revised to delete phrase to effect settlement of any claim or suit from Paragraph B.3.a. because the Insuring Agreement of the endorsements address coverage for products withdrawal expense not claims or suits. In additional Paragraph B.3.b. is revised to reinforce that the Participation Percentage is indicated in the Schedule of the endorsement rather than the Declarations. Additionally reference to loss is revised to explicitly refer to each product withdrawal and several editorial changes are made to remove the Limits of Insurance from the Schedule and to conform to ISO Uniformity Standards. Municipal And or Volunteer Fire Department Liability Endorsement CG7636 is amended by the addition of quotation marks around the word occurrence as this is a defined term under the Commercial General Liability Coverage Form. CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 11 of 14 | 2 |
19. 20. 21. 22 23. Municipal Liability Endorsement CG7640 is amended by the addition of quotation marks around the word occurrence as this is a defined term under the Commercial General Liability Coverage Form. Exclusion Injury Arising From A Non Owned Animal CG7672 is revised by replacing medical payments with medical expenses. Medical payments is not a defined term under the Commercial General Liability Coverage Form. Lead Liability Limited Coverage IL7092 is amended by the addition of quotation marks around the word suit as this is a defined term under the Commercial General Liability Coverage Form. Additional Insured Endorsements without Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will only be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. e CG7120 Additional Insured Scheduled Person Or Organization Pick Up Or Delivery Of Products Or Materials CG7193 Additional Insured Owners Lessees Or Contractors Including Completed Operations CG7571 Additional Insured Owners Lessees Or Contractors Completed Operations CG7582 Additional Insured Vendors Automatic Status When Required In A Written Contract Or Agreement e CG7585 Additional Insured Consolidated Wrap Up Insurance Program While Away From The Wrap Up Location. CG7650 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In A Written Construction Contract or Agreement Additional Insured Endorsements with Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. We are replacing the current Primary and Noncontributory wording with the new wording that 1SO is introducing with endorsement Primary and Noncontributory Other Insurance Condition CG2001. The only difference is that ISO s wording requires that the additional insured be a named insured on another insurance policy available to them and that a written contract or agreement has been entered into by the insured stating that the insured s policy will be primary and will not seek contribution from any other insurance available to the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. e CG7120.1 Additional Insured Scheduled Person Or Organization Pick Up Or Delivery Of Products Or Materials Primary And Noncontributory e CG7166 Additional Insured Designated Person Or Organization Primary And Noncontributory e CG7174 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Contract Or Agreement Primary And Noncontributory e CG7174.3 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Contract Or Agreement Including Completed Operations Primary And Noncontributory e CG7184 Additional Insured Managers Or Lessors Of Premises Automatic Status When Required In Written Contract Or Agreement Primary And Noncontributory e CG7193.1 Additional Insured Owners Lessees Or Contractors Including Completed Operations Primary And Noncontributory CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. 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24 25. e CG7411 Additional Insured Persons Or Organizations Automatic Status When Required In Written Contract Or Agreement Primary And Noncontributory e CG7477 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization Primary And Noncontributory e CG7477.2 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization Primary And Noncontributory e CG7478 Additional Insured Managers Or Lessors Of Premises Primary And Noncontributory e CG7593 Additional Insured Owners Or Other Interests From Whom Land Has Been Leased Primary And Noncontributory e CG7649 Additional Insured Architects Engineers Or Surveyors Not Engaged By You Automatic Status When Required In A Written Contract With You Primary And Noncontributory e CG7650 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In A Written Construction Contract Primary And Noncontributory Additional Insured Vicarious Liability Endorsements without Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law or to the extent of the named insured s vicarious liability whichever is less. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. e CG7480 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization Vicarious Liability e CG7483 Additional Insured Owners Lessees Or Contractors Including Completed Operations Vicarious Liability CG7501 Additional Insured Designated Person Or Organization Vicarious Liability CG7544 Additional Insured Designated Person Or Organization Vicarious Liability CG7559 Additional Insured Managers Or Lessors Of Premises Vicarious Liability CG7560 Additional Insured Schedule Person Or Organization Pick Up Or Delivery Of Products Or Materials Vicarious Liability Additional Insured Vicarious Liability Endorsements with Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law or to the extent of the named insured s vicarious liability whichever is less. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. We are replacing the current Primary and Noncontributory wording with the new wording that ISO is introducing with endorsement Primary and Noncontributory Other Insurance Condition CG2001. The only difference is that ISO s wording requires that the additional insured be a named insured on another insurance policy available to them and that a written contract or agreement has been entered into by the insured stating that the insured s policy will be primary and will not seek contribution from any other insurance available to the additional insured. This is a clarification of underwriting intent although available to the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. e CG7479 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization Vicarious Liability Primary And Noncontributory e CG7482 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Written Construction Contract Or Agreement Vicarious Liability Primary And Noncontributory CG82546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 13 of 14 | 2 |
e CG7482.3 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Written Construction Contract Or Agreement Including Completed Operations Vicarious Liability Primary And Noncontributory e CG7483.1 Additional Insured Owners Lessees Or Contractors Including Completed Operations Vicarious Liability Primary And Noncontributory e CG7501.1 Additional Insured Designated Person Or Organization Vicarious Liability Primary And Noncontributory e CG7559.1 Additional Insured Managers Or Lessees Of Premises Vicarious Liability Primary And Noncontributory e CG7560.1 Additional Insured Scheduled Person Or Organization Pick Up Or Delivery Of Products Or Materials Vicarious Liability Primary And Noncontributory EMC STATE SPECIFIC ENDORSEMENTS A. OTHER CHANGES 1. Extension of Who Is An Insured Kansas Schools and Community Colleges CG7311 is amended to correct punctuation errors. Pollution Exclusions The following pollution exclusions are amended to add quotation marks around the word suit as this is a defined term within the Commercial General Liability Coverage Form. e CG7401 lowa Total Pollution Exclusion Endorsement e CG7402 lowa Total Pollution Exclusion With A Hostile Fire Exception Wholesalers Industry Extension and Manufacturers Industry Extension Endorsements The following state specific endorsements are new and are replacing Wholesalers Industry Extension Endorsement CG7576 and Manufacturers Industry Extension Endorsement CG7577. They include the same changes that were made to CG7576 and CG7577. Refer to EMC MULTISTATE ENDORSEMENTS OTHER CHANGES Paragraph 17. e CG7576.1 Wholesalers Industry Extension Kansas CG7576.2 Wholesalers Industry Extension Arkansas CG7576.3 Wholesalers Industry Extension Texas CG7576.4 Wholesalers Industry Extension Missouri CG7577.2 Manufacturers Industry Extension Arkansas CG7577.3 Manufacturers Industry Extension Texas e CG7577.4 Manufacturers Industry Extension Missouri In addition CG7576.1 is different from CG7576 in that it includes a Concealment and Fraud provision that more closely reflects the definition of a fraudulent insurance act in Kan. Stat. Ann. 40 2 118a. CG7576.2 and CG7577.2 are different from CG7576 and CG7577 respectively in that they include a definition of punitive damages as required by Ark. Code. Ann. 23 79 307. CG7576.3 and CG7577.3 are different from CG7576 and CG7577 respectively in that they include the Prompt Payment of Claims provisions of Texas Ins. Code. Ann. 542.051 542.061. CG7576.4 and CG7577.4 are different from CG7576 and CG7577 respectively in that they include a provision which reflects that failure to report expenses to the insurer will not invalidate a claim unless such failures operate to prejudice the insurer s rights. This is response to MO. Code Regs. 20 CSR 100 1.020. Manufacturers Industry Extension Endorsement Kansas CG7577.1 includes the same changes that were made to CG7577. Refer to EMC MULTISTATE ENDORSEMENTS OTHER CHANGES Paragraph 17. CGB2546 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 14 of 14 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSIONS ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG2106 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception When this endorsement is attached to your policy e Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. e Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG0437 Electronic Data Liability With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy e Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. e Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG3353 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. CG82824 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THIS POLICY SHALL PREVAIL. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. This Notice provides information concerning the following endorsements which may apply to your renewal policy being issued by us. EMC MULTISTATE STATE SPECIFIC ENDORSEMENTS A. REDUCTION OF COVERAGE 1. Revised Mobile Equipment Coverage We have withdrawn endorsement CG7584 Mobile Equipment Auto Amendment. It will no longer appear on your policy. The definitions of mobile equipment and auto have been revised. Any land vehicle that was classified as a piece of mobile equipment under your previous policy will now be considered an auto if that vehicle is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. With this change coverage is no longer provided for these types of land vehicles since they are now defined to be autos rather than mobile equipment and subject to the Aircraft Auto and Watercraft exclusion in your policy. However the operation of machinery or equipment that is attached to or part of such a vehicle will still be covered by your policy. If you wish to obtain coverage for land vehicles subject to compulsory or financial responsibility laws or other motor vehicle laws you should consider a Commercial Automobile policy. 2. Other Endorsements impacted by the Mobile Equipment Coverage revision We have amended the following endorsements to remove reference to Section Il Who is An Insured Paragraph 4. This paragraph addresses mobile equipment registered in your name under any motor vehicle registration law and who is an insured. Because we are withdrawing CG7584 this paragraph no longer applies. This may be viewed as a reduction in coverage. However if you wish to obtain coverage for mobile equipment subject to compulsory or financial responsibility laws or other motor vehicle laws you should consider a Commercial Automobile policy. CG7105 Extension of Who Is An Insured CGT7140 Coverage for Injury to Co Employees andor Your Other Volunteer Workers CGT7140.1 Coverage for Injury to Co Employees andor Your Other Volunteer Workers CG7233 Coverage for Injury to Co Employees andor Your Other Volunteer Workers CG7233.1 Coverage for Injury to Co Employees andor Your Other Volunteer Workers CGT7242 Commercial General Liability Amendment Nebraska Schools CG7274 Commercial General Liability Amendment ABC Contractors CGT7311 Extension of Who is an Insured Kansas Schools and Community Colleges CGT7415 lowa Association of Business and Industry Commercial General Liability Amendment CG7455 Commercial General Liability Amendment Printers CG7549.1 Commercial General Liability Amendment Schools CGT7610 Petroleum Marketers Industry Extension CGT7633 Commercial General Liability Amendment Municipalities CG7633.1 Commercial General Liability Amendment Municipalities CG82834 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f4 | 2 |
We have removed an amendment to the definition of mobile equipment from the following endorsement. The amendment no longer applies and the power units that this amendment had applied to will now be autos. This may be viewed as a reduction in coverage. However if you wish to obtain coverage you should consider a Commercial Automobile policy. CG7629 Manufactured Housing Industry Extension We are withdrawing CG7583 Motor Vehicles Laws in all states except New Hampshire. This endorsement was used to satisfy the insured s statutory coverage needs when any motor vehicle financial responsibility law applied to a piece or pieces of insured s mobile equipment. Since this equipment will now be covered by a Commercial Automobile policy the endorsement is no longer needed. However since coverage is no longer provided by the Commercial General Liability policy this may be viewed as a reduction in coverage. B. OTHER CHANGES 1. Exclusion All Hazards in Connection with Designated Garage Operations CG7165 has been amended to better track with the definition of garage operations found in ISO s Garagekeepers endorsement CA9937. This is a clarification of coverage intent. Exclusion All Hazards in Connection with Designated Garage Operations CG7165.1 has been amended to better track with the definition of garage operations found in ISO s Virginia Garagekeepers endorsement CA9971. This is a clarification of coverage intent. Professional Services Exclusion Wording To reinforce the Professional Services exclusion within the following endorsements we are enhancing the exclusion to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training or supervision or monitoring of others by any insured. This is a reinforcement of coverage intent. However this change may result in a reduction in coverage in states where courts have ruled professional services exclusions to be inapplicable to negligent supervision claims and other similar types of claims. CGT7417 Mobile Home Parks and Dealers Additional Insured Automatic Status When Required in Written Contract With You CG7610 Petroleum Marketers Industry Extension CG7629 Manufactured Housing Industry Extension Manufacturing Housing Industry Extension endorsement CG7629 has been revised to remove bodily injury from Paragraph D. 1. Deductible. The deductible only applies to property damage coverage so reference to bodily injury is not necessary. This is a clarification of underwriting intent. lowa Total Pollution Exclusion Endorsement CG7401 has been withdrawn and will be replaced by Total Pollution Exclusion Endorsement CG2149. The forms are the same except CG7401 has a signature line which is no longer needed due to rescission of lowa subrule IA ADC 191 20.42. There is no coverage impact. lowa Total Pollution Exclusion with a Hostile Fire Exception endorsement CG7402 has been withdrawn and will be replaced by Total Pollution Exclusion with a Hostile Fire Exception endorsement CG2155. The forms are the same except CG7402 has a signature line which is no longer needed due to rescission of lowa subrule IA ADC 191 20.42. There is no coverage impact. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Additionally if coverage provided to the additional insured is required by contract or agreement the Limits of Insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. CG7223 Boat Dealers Liability Extension Endorsement CGT7223.1 Boat Dealers Liability Extension Endorsement CGT7223.2 Boat Dealers Liability Extension Endorsement CG82834 14 Page 2 0f 4 Includes copyrighted material of ISO Properties Inc. with its permission. | 2 |
10. 1. 12. CGT7242 Commercial General Liability Amendment Nebraska Schools CGT7255 Commercial General Liability Amendment Schools CGT7417 Mobile Home Parks and Dealers Additional Insured Automatic Status When Required in a Written Agreement With You CGT7549 Commercial General Liability Amendment Schools CG7549.1 Commercial General Liability Amendment Schools CG7578 Liability Extension Endorsement CG7578.1 Liability Extension Endorsement CG7578.2 Liability Extension Endorsement Louisiana CG7578.3 Liability Extension Endorsement CG7610 Petroleum Marketers Industry Extension CGT7629 Manufactured Housing Industry Extension Additional Insured Endorsements The following additional insured endorsement is revised to indicate that when this endorsement is attached to a policy if coverage provided to the additional insured is required by contact or agreement coverage to the additional insured will be afforded to the extent permissible by law. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Additionally if coverage provided to the additional insured is required by contract or agreement the Limits of Insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. CGT7274 Commercial General Liability Amendment ABC Contractors Primary and Noncontributory Wording We are replacing the current Primary and Noncontributory wording with the new wording that 1ISO introduced with endorsement Primary and Noncontributory Other Insurance Condition CG2001. The only difference is that 1SO s wording requires that the additional insured be a named insured on another insurance policy available to them and that a written contract or agreement has been entered into by the insured stating that the insured s policy will be primary and will not seek contribution from any other insurance available to the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. CGT7274 Commercial General Liability Amendment ABC Contractors CGT7417 Mobile Home Parks and Dealers Additional Insured Automatic Status When Required in a Written Agreement With You CG7559.1 Additional Insured Managers or Lessors of Premises Vicarious Liability Primary and Noncontributory CGT7610 Petroleum Marketers Industry Extension CGT7629 Manufactured Housing Industry Extension Non Dealers Garage Operations Extension Endorsement CG7595 has been amended to better track with the definition of customer s autos found in the ISO s Garagekeepers endorsement CA9937. This is a clarification of coverage intent. Non Dealers Garage Operation Extension Endorsement CG7595.1 replaces CG7595 on accounts domiciled in Virginia. The customer s autos and garage operations definitions now track with I1SO s Virginia Garagekeepers endorsement CA9971. This is a clarification of coverage intent. Liquor Liability Changes The Limits of Insurance section of the following endorsements has been changed. The expiring endorsements incorrectly made reference to Liability and Medical Expenses limits of insurance. However these are not limits found within the Commercial General Liability coverage form. To clarify underwriting intent we have replaced these limits of insurance with Each Occurrence Personal and Advertising Injury Medical Expense General Aggregate and Products Completed Aggregate. These limits do not apply to liquor liability claims covered by this endorsement as this endorsement has a separate Each Common Cause Limit and Liquor Liability Aggregate Limit. There is no impact on coverage. CGB2834 14 Page 30f 4 Includes copyrighted material of ISO Properties Inc. with its permission. | 2 |
CG7613 Liquor Liability Endorsement CG7613.1 Liquor Liability Endorsement Minnesota CG7613.3 Liquor Liability Endorsement lowa CG7613.5 Liquor Liability Endorsement Michigan We have amended wording throughout the following endorsement in response to Minnesota dram shop liability law requirements and the ruling in Brua v. Minnesota Joint Underwriting Association 778N.W.2d 294 Minn 2010. There is no reduction in coverage only clarification. We have also added a definition for the word injury to clarify underwriting intent. CG7613.1 Liquor Liability Endorsement Minnesota We are simplifying the following endorsements by removing wording that is a duplicate of that already found within the Commercial General Liability coverage form. The changes are intended to simplify readability. CG7613.3 Liquor Liability lowa CG7613.4 Liquor Liability lllinois CG7613.5 Liquor Liability Michigan In the following endorsement we have added a statement that the Commercial General Liability limits of insurance are not impacted by damages arising out of the sales serving or furnishing of liquor and that the Aggregate shown in the endorsement is the most that we will pay for bodily injury and property damage under this endorsement. This is a clarification of underwriting intent. CG7613.4 Liquor Liability Endorsement lllinois In the following endorsement we have revised the Liquor in Effect exclusion to apply if the license is not in effect rather than suspended expired cancelled or revoked. This is a clarification of underwriting intent but may be viewed as a reduction in coverage. CG7613.5 Liquor Liability Endorsement Michigan CG82834 14 Page 4 of 4 Includes copyrighted material of ISO Properties Inc. with its permission. | 2 |
FARM FL 04111006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BASIC FARM PREMISES LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Subject to the provisions of this endorsement insurance under the Commercial General Liability Coverage Form applies with respect to liability arising out of the ownership use or maintenance of farm premises. The terms ownership use or maintenance include operations necessary or incidental to ownership use or maintenance. A. Coverage A Bodily Injury And Property 3. The following exception is added to Exclusion Damage Liability 2.9. 1. Exclusion 2.a. is replaced by the following 6 An auto or item of mobile equipment a. Expected Or Intended Injury involved in an occurrence on the farm Bodily iniury N premises and not subject to motor ve odily injury or property damage ex hicle registration by reason of pected or intended from the standpoint of.. the insured even if the resulting bodily in gsse cerxcluslvely on the farm premis jury or property damage 1 Is of a different kind quality or degree b Being kept in dead storage on the farm premises. than initially expected or intended or 2 Is sustained by a different person entity 4. Exclusion 2 dges not apply to operations necessary or incidental to the ownership use real or personal property than initiall A P property Y or maintenance of the farm premises. expected or intended. This exclusion does not apply to bodily in 5. Unless the Declarations specify otherwise the following exclusions are added jury resulting from the use of reasonable force to protect persons or property. q. Bodily injury or property damage arising 2. Under Exclusion 2.f. the following exception is out of the ownership use or maintenance of added to Subparagraph 1a any part of the farm premises that is iv Bodily injury or property dam 1 Used for nonagricultural business pur age caused by heat smoke or poses or fumes from a fire if the fire 2 Rented to others or held for rental by an i. Is set by the insured on the insured for nonagricultural business or farm premises and dwelling purposes. ii. Is set for the purpose of burn This exclusion does not apply to ing off crop stubble or other 1 A residence rented to a person who vegetation and is consistent occupies and farms the farm premises with normal and usual agricul or tural practice and 2 A residence occupied by no more than ii. Is not set in violation of an two roomers or boarders. ordinance or law. FL 04111006 ISO Properties Inc. 2005 Page 1 0of 5 a | 2 |
r. Bodily injury or property damage arising out of the ownership use or maintenance of 1 Farm tools farm tractors and trailers under contract to others for a charge 2 Draft animals or vehicles used with them a Under contract to others for a charge or b Used for route delivery or 3 Saddle animals a Rented to others by or for an in sured or b Used in practicing for or participating in any exhibition or contest. s. Property damage arising out of any sub stance released or discharged from any air craft. t. Bodily injury or property damage arising out of the rendering of or failure to render professional services. B. Coverage C Medical Payments The following is added to Paragraph 2. Exclu sions h. To any person engaged in work usual or inci dental to the maintenance or use of the farm premises. The only exceptions to this exclusion are in occurrences of bodily injury sustained by a person on the farm premises in a neighborly exchange of assistance for which the insured is not obligated to pay any money. C. Chemical Drift Liability Coverage is added to the Commercial General Liability Coverage Form as Coverage M as described and limited in 1. through 5. below. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages for physical injury to crops or animals if 1 The injury was caused by discharge dispersal release or escape into the air from the farm premises of the chemi cals liquids or gases that the insured has used in normal and usual agricul tural operations and 2 The chemicals liquids or gases entered into the air by some means other than discharge dispersal release or escape from aircraft. The term physical injury does not include any indirect or consequential damages such as loss at any time of market for crops or animals or of use of soil or ani mals. This coverage applies only to physical in jury that occurs during the policy period. The physical injury must be caused by an occurrence. The occurrence must take place in the coverage territory.. We will have the right and duty to defend the insured against any suit seeking dam ages for covered physical injury. However we will have no duty to defend the insured against any suit seeking damages for physical injury to which this insurance does not apply. We may at our discretion investi gate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described below in 3. Aggre gate Limit of Insurance and 2 Our right and duty to defend end when we have used up the applicable Aggre gate Limit of Insurance in the payment of judgments or settlements under Chemical Drift Liability Coverage. As used in this Coverage M the term suit means a civil proceeding in which damages because of physical injury to which such Coverage 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 resolu tion proceeding in which such dam ages are claimed and to which the insured submits with our consent.. No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under Paragraph 1. of Supplementary Payments. Page 2 of 5 ISO Properties Inc. 2005 FL 04111006 o | 2 |
2. Exclusions Chemical Drift Liability Coverage does not apply to a. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a go vernmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of chemicals liquids or gases. However this paragraph does not apply to liability for damages the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. b. Physical injury to crops or animals arising out of agricultural operations which are in violation of an ordinance or law. c. Physical injury to crops or animals expected or intended from the standpoint of the in sured. d. Physical injury to crops or animals 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 Assumed in a contract or agreement that is an insured contract provided the physical injury occurs subsequent to the execution of the contract or agree ment or 2 That the insured would have in the ab sence of the contract or agreement. 2 With respect to Chemical Drift Liability Cover age Paragraph f. of the insured contract de finition is deleted and replaced by the following f. That part of a contract or agreement pertaining to your farming operations including an indemnification of a muni cipality in connection with work per formed for a municipality under which you assume the tort liability of another to pay a third person or organization for physical injury to crops or animals. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. However Paragraph f. above does not include that part of any contract or agreement that indemnifies a railroad for bodily injury or property damage aris ing out of construction or demolition op erations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tun nel underpass or crossing. e. Physical injury to crops or animals you own rent or borrow. 3. Aggregate Limit Of Insurance for Chemical Drift Liability Coverage 25000 a. Our total liability for Coverage M Chemical Drift Liability Coverage is the Aggregate Limit of Insurance stated above unless a different Aggregate Limit of Insurance is stated for Coverage M in the Declarations. b. The stated Aggregate Limit of Insurance applies separately to each consecutive an nual period and to any remaining period of less than 12 months starting with the be ginning of the policy period shown in the Declarations unless the policy period is ex tended after issuance for an additional pe riod of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Aggregate Limit of Insur ance. FL 04111006 ISO Properties Inc. 2005 Page 3 of 5 a | 2 |
c. Therefore the stated Aggregate Limit of Insurance is the most we will pay for the applicable period of time as described in b. above regardless of the number of 1 Occurrences 2 Insureds 3 Claims made or suits brought or 4 Persons or organizations making claims or bringing suits. 4. Section IV Commercial General Liability Conditions applies to Chemical Drift Liability Coverage. 5. Words and phrases except suit used in this Chemical Drift Liability Coverage have mean ing as defined in Section V Definitions. Sec tion V includes the defined terms added in this endorsement. D. Section Il Who Is An Insured Paragraph 1. is replaced by the following 1. If you are designated in the Declarations as a. An individual you are an insured and if they are members of your household your spouse and your and your spouse s rela tives who are under the age of 21 are also insureds. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your farm ing operations. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your farming operations. Your managers are insureds but only with respect to their du ties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with re spect to their duties as your officers or di rectors. Your stockholders are also insu reds but only with respect to their liability as stockholders. E. Section IV Commercial General Liability Conditions The following is added to the Duties In The Event Of Occurrence Offense Claim Or Suit Condi tion We have no duty to provide coverage under this policy if failure to comply with the duties described in this Condition is prejudicial to us. F. Section V Definitions 1. The following definitions are added a. Custom farming means performance of specific planting cultivating harvesting or similar specific farming operations by an insured at a farm that is not a farm pre mises when the performance is for and under the direction or supervision of the owner or operator of the farm or the autho rized representative of the owner or opera tor. But custom farming does not mean 1 Operations conducted at a premises rented to leased to or controlled by an insured 2 Operations for which no compensation in money or goods is received or 3 A neighborly exchange of services. b. Farming means the operation of an agri cultural or aquacultural enterprise and in cludes the operation of roadside stands on your farm premises maintained solely for the sale of farm products produced princi pally by you. Unless specifically indicated in the Declarations farming does not in clude 1 Retail activity other than that described above or 2 Mechanized processing operations. c. Farm premises means the location identi fied as such in the Declarations and oper ated for farming purposes and includes the following provided they are not used or held for rental or for business purposes other than farming 1 Buildings used as residences 2 Garages 3 Stables and 4 Individual or family cemetery plots or burial vaults. 2. The Your product definition is deleted and replaced by the following with respect to cov erage provided by this endorsement Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a Youor b Others trading under your name and Page 4 of 5 ISO Properties Inc. 2005 FL 04111006 o | 2 |
2 Containers other than vehicles mate rials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include property rented to or lo cated for the use of others but not sold. 3. The definitions of employee leased worker temporary worker and volunteer worker as shown in Section V Definitions of the Com mercial General Liability Coverage Form do not apply to the insurance provided under this endorsement. G. Additional Coverage Custom Farming 1. Insurance under the Commercial General Liability Coverage Form also applies with re spect to liability arising out of the insured s per formance of or failure to perform custom farm ing operations. But this Additional Coverage will apply only if your receipts during the 12 months immediate ly preceding the date of the occurrence from such custom farming operations do not ex ceed 5000. 2. Exclusions 2.j.4 and 6 2.l. and 2.m. under Coverage A do not apply with respect to this Additional Coverage as described and limited in G.1. above. FL 04111006 ISO Properties Inc. 2005 Page 5 of 5 a | 2 |
IL 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. 2 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 m | 2 |
IL 0258 01 12 ARIZONA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. The following is added to the Cancellation Common Policy Condition and applies except in situations where B. below applies 7. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons a. Nonpayment of premium b. Your conviction of a crime arising out of acts increasing the hazard insured against c. Acts or omissions by you or your representative constituting fraud or material misrepresentation in the procurement of this policy in continuing this policy or in presenting a claim under this policy d. Substantial change in the risk assumed except to the extent that we should have reasonably foreseen the change or contemplated the risk in writing the contract e. Substantial breach of contractual duties or conditions f. Loss of reinsurance applicable to the risk insured against resulting from termination of treaty or facultative reinsurance initiated by our reinsurer or reinsurers g. Determination by the Director of Insurance that the continuation of the policy would place us in violation of the insurance laws of this state or would jeopardize our solvency or h. Acts or omissions by you or your representative which materially increase the hazard insured against. If we cancel this policy based on one or more of the above reasons we will mail by certified mail to the first Named Insured and mail to the agent if any written notice of cancellation stating the reasons for cancellation. We will mail this notice to the last mailing addresses known to us at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 45 days before the effective date of cancellation if we cancel for any of the other reasons. IL 0258 01 12 Insurance Services Office Inc. 2011 Page 10f 3 | 2 |
B. If the Commercial Property Coverage Part Capital Assets Program Output Policy Coverage Part or the Farm Property Farm Dwellings Appurtenant Structures And Household Personal Property Coverage Form provides coverage for 1. Real property which is used predominantly for residential purposes and consists of one through four dwelling units andor 2. Personal property except business or farm personal property of a person residing in such real property the following provisions apply instead of those provided in Item A. above with respect to cancellation of such coverage If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel only for one or more of the following reasons a. Nonpayment of premium b. Your conviction of a crime arising out of acts increasing the hazard insured against c. Acts or omissions by you or your representative constituting fraud or material misrepresentation in obtaining the policy continuing the policy or presenting a claim under the policy d. Discovery of grossly negligent acts or omissions by you substantially increasing any of the hazards insured against e. Substantial change in the risk assumed by us since the policy was issued except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract f. A determination by the Director of Insurance that the continuation of the policy would place us in violation of the insurance laws of this state or g. Your failure to take reasonable steps to eliminate or reduce any conditions in or on the insured premises which contributed to a loss in the past or will increase the probability of future losses. If we cancel this policy based on one or more of these reasons we will mail written notice of cancellation stating the reasons for cancellation to the first Named Insured. We will mail this notice to the last mailing address known to us at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any of the other reasons. C. The following is added and supersedes any provision to the contrary and applies except in situations where D. below applies Nonrenewal 1. If we elect not to renew this policy we will mail by certified mail to the first Named Insured and mail to the agent if any written notice of nonrenewal. We will mail this notice to the last mailing addresses known to us at least 45 days prior to the expiration of this policy. 2. If notice is mailed proof of mailing will be sufficient proof of notice. 3. If either one of the following occurs we are not required to provide written notice of nonrenewal a. We or a company within the same insurance group has offered to issue a renewal policy or b. You have obtained replacement coverage or agreed in writing to do so. 4. If written notice of nonrenewal is mailed less than 45 days prior to expiration of this policy and neither 3.a. or 3.b. applies the coverage shall remain in effect until 45 days after the notice is mailed. Earned premium for any period of coverage that extends beyond the expiration date of this policy shall be considered pro rata based upon the previous year s rate. D. If the Commercial Property Coverage Part Capital Assets Program Output Policy Coverage Part or the Farm Property Farm Dwellings Appurtenant Structures And Household Personal Property Coverage Form provides coverage for 1. Real property which is used predominantly for residential purposes and consists of one through four dwelling units andor 2. Personal property except business or farm personal property of a person residing in such real property the following provisions apply instead of those provided in Item C. above with respect to nonrenewal of such coverage 1. If we elect not to renew we will mail written notice of nonrenewal to the first Named Insured. We will mail this notice to the last mailing address known to us at least 30 days before the end of the policy period. Proof of mailing will be sufficient proof of notice. 2. If either one of the following occurs we are not required to provide notice of nonrenewal a. You have agreed to nonrenewal or b. You have accepted replacement coverage. Page 2 0f 3 Insurance Services Office Inc. 2011 IL 0258 0112 | 2 |
3. If our nonrenewal is based on the condition of the premises you will be given 30 days notice to remedy the identified conditions. If the identified conditions are remedied coverage will be renewed. If the identified conditions are not remedied to our satisfaction you will be given an additional 30 days upon payment of premium to correct the defective conditions. E. The following condition is added Renewal 1. If we elect to renew this policy and the renewal is subject to any of the following a. Increase in premium b. Change in deductible c. Reduction in limits of insurance or d. Substantial reduction in coverage we will mail or deliver written notice of the changes to the first Named Insured at the last mailing address known to us at least 30 days before the anniversary or expiration date of the policy. 2. If renewal is subject to any condition described in 1.a. through 1.d. above and we fail to provide notice 30 days before the anniversary or expiration date of this policy the following procedures apply a. The present policy will remain in effect until the earlier of the following 1 30 days after the date of mailing or delivery of the notice or 2 The effective date of replacement coverage obtained by the first Named Insured. b. If the first Named Insured elects not to renew any earned premium for the period of extension of the terminated policy will be calculated pro rata at the lower of the following rates 1 The rates applicable to the terminated policy or 2 The rates presently in effect. c. If the first Named Insured accepts the renewal the premium increase if any and other changes are effective the day following this policy s anniversary or expiration date. IL 0258 01 12 Insurance Services Office Inc. 2011 Page 3 of 3 | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of the Cancellation Com mon Policy Condition are replaced by the follow ing 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in sured or The determination by the Director of In surance that the continuation of the pol icy could place us in violation of the Ne braska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 1 of 2 a | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 ISO Properties Inc. 2006 IL 02 59 09 07 o | 2 |
IL 0276 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM QUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion.. Cancellation Requirements a. We may cancel this policy by mailing or c. If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by or with your knowledge in obtaining the policy when renewing the policy or in presenting a claim under the policy delivering to the first Named Insured and ACIIS orhomissionsby you thzt Slbi any loss payee written notice of cancella tial yd ange or increase the risk in tion at least sured 1 30 days before the effective date of Determlnatlonby the Ccmmlsgloner that cancellation if we cancel due to loss of he continuation of the policy would reinsurance coverage jeopardize our solvency or would place. us in violation of the insurance laws of 2 10 days befpre the effective date of this or any other state cancellation if we cancel for any other.. reason. 5 You have acted in a manner which you b. If this policy is a new policy and has been in effect for less than 60 days we may cancel for 1 Loss of reinsurance subject to d. below or 2 Any other reason. knew or should have known was in vio lation or breach of a policy term or con dition or 6 Loss of reinsurance subject to d. below. d. We may cancel due to loss of reinsurance which provides coverage to us for a signifi ca nt portion of the underlying risk insured but only if the Commissioner determines that such cancellation is justified. IL 02 76 09 08 ISO Properties Inc. 2007 Page 1 of 2 a | 2 |
. We will mail or deliver our notice to the first Named Insured s and any loss payee s last mailing address known to us.. Notice of cancellation will state a. The reason for cancellation and b. The effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund.. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. However if cancellation is for nonpayment of premium a certificate of mailing is not re quired. B. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and any loss payee at least 45 days before the expiration date of this policy except if a. We have offered to issue a renewal policy or b. You have failed to pay a premium due or any advance premium required by us for renewal. 2. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. Page 2 of 2 ISO Properties Inc. 2007 IL 0276 09 08 o | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L702810 05 Page 10f 1 | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COUNTERSIGNATURE ENDORSEMENT Itis hereby understood and agreed that in order to comply with the law of the State of Arizona the countersignature hereto is to be considered the valid countersignature to the policy. Cank L AUTHORIZED REPRESENTATIVE SIGNATURE IL73137 11 Page 1 0f 1 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINITION OF YOUR WORK AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Under SECTION V DEFINITIONS the definition for your work is deleted and replaced by the following but only in regard to SECTION COVERAGE A Damage to Your Work exclusion and SECTION V Products Completed Operations Hazard definition Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work 2 The providing of or failure to provide warranties or instructions and 3 Property other than your work damaged because of or arising out of repair or replacement of your work. Does not include property other than your work damaged as a result of your work unless damaged because of or arising out of repair or replacement of your work. 1L73395 11 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISCLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDULE Terrorism Premium Certified Acts A. Premium through end of year 1231 B. Premium beyond the date specified above Refer to Paragraph D. in this endorsement. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Disclosure Of Premium C. Cap On Insurer Participation In Payment Of In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations.. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Premium beyond the year specified in the schedule above The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the schedule shall be attributable to coverage for terrorism acts certified under the Act. If the federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B in of the schedule shall be attributable to that coverage for terrorism. The following is required as part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. 1L8383.51 08 Page 10f 1 | 2 |
COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim or attempt to settle a claim on your own you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 MMSEA P.L. 110 173 go to www.cms.hhs.govMandatorylnsRep or consult with your attorney. 1L85769 09 Page 1 0f 1 | 2 |
Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co. ANNUAL MEETING NOTICE Your policy is issued by a stock insurance company subsidiary of the Liberty Mutual Holding Company Inc. a Massachusetts mutual holding company. The named insured first named in the Declarations is a member of Liberty Mutual Holding Company Inc. As a member of Liberty Mutual Holding Company Inc. the named insured first named is entitled among other things to vote either in person or by proxy at the annual meeting or special meetings of said company. The Annual Meeting of Liberty Mutual Holding Company Inc. is at its offices located at 175 Berkeley Street Boston Massachusetts on the second Wednesday in April each year at ten oclock in the morning. Members of Liberty Mutual Holding Company Inc. may request a copy of the company s annual financial statements which are posted on Liberty Mutual s website at www.libertymutual.com or by writing to Liberty Mutual Holding Company Inc. 175 Berkeley Street Boston Massachusetts 02116 Attention Corporate Secretary. PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. mjy 2013 Liberty Mutual Insurance. All rights reserved. LIL 90040613 Page 1 of 1 | 2 |
Liber Mututayi. INSURANCE COMMERCIAL GENERAL LIABILITY DECLARATIONS OCCURRENCE GasMRANLE Issued By Liberty Mutual Fire Insurance Co. Policy Number TB2 641 444277 023 Issuing Office BOSTON MA New Issue Date 2014 01 13 Account Number 4 444277 Sub Account 0000 Named Insured and Mailing Address Midcontinent Independent System Operator Inc. 701 City Center Drive Carmel IN 46032 7574 Form of Business Corporation Policy Period The policy period is from 12152013 to 12152014 1201 A.M. standard time at the Insured s mailing address. In return for the payment of the premium and subject to all the terms of this palicy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damage to Premises Rented to You Limit 1000000 Any one premises Medical Expense Limit 10000 Any one person Personal Advertising Injury Limit 1000000 General Aggregate Limit z 10000000 Products Completed Operations Aggregate Limit 2000000 SCHEDULE The declarations are completed on the accompanying Declarations Extension Schedules. Commercial General Liability Coverage Part Premium 36124 Endorsement Premium 2342 Total Estimated Premium 38466 Other Charges Policywriting Minimum Premium 1000 Forms Applicable See Attached Inventory 4 LOCKTON 0098004710 LOCKTON COMPANIES LLC KANSAS CITY SERIE 444 W 47TH ST STE 900 KANSAS CITY MO 64112 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 00040812 Page 1 of 1 | 2 |
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DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS Policy Number TB2 641 444277 023 Class Code 98050 Description Not Otherwise Classified andor A Rated Low 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. LCS 00010512 Page 1 of 1 | 2 |
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DECLARATIONS EXTENSION SCHEDULE COMPOSITE RATED COVERAGES Policy Number TB2 641 444277 023 Description Premium Basis Rates Premium All Operations of the Named Insured Square Footage 463125 Per 1000 78.0000 36124 36124 TOTAL 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCS 00020512 Page 1 of 1 | 2 |
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DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES Policy Number TB2 641 444277 023 Premium Basis Terrorism Risk Insurance Act TRIA Rates Charges 2342 2342 TOTAL MISCELLANEOUS CHARGES 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCS 00030512 Page 1 of 1 | 2 |
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Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co. Inventory Coverage Forms Parts Endorsements Enclosures COVERAGE FORMS PARTS ENDORSEMENTS AND ENCLOSURES FORMING A PART OF THIS POLICY AT INCEPTION Form Number Edition Date Title COMMON POLICY FORMS LIL 900406 13 ANNUAL MEETING NOTICE LC 000408 12 COMMERCIAL GENERAL LIABILITY DECLARATIONS LCS 00010512 DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS LCS 000205 12 DECLARATIONS EXTENSION SCHEDULE LCS 000305 12 DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES IC 00 42 07 09 Inventory Coverage Forms Parts Endorsements Enclosures L0017 1198 Common Pelicy Conditions IL02720907 Indiana Changes Cancellation And Nonrenewal COMMERCIAL GENERAL LIABILITY CG 00010413 Named Insured LC 99400213 Composite Rate LC 99121013 Coverage Endorsements CG 02241093 CG 04 35 1207 CG 24 04 05 09 CG 24171001 LC 04 04 06 05 LC25130808 LC2904 0808 LC 29 06 08 08 LC 99010213 LC 99030213 LC 99360213 COMMERCIAL GENERAL LIABILITY COVERAGE FORM BROAD FORM NAMED INSURED MAJORITY INTEREST Composite Rate Endorsement Earlier Notice of Cancellation Provided By Us Employee Benefits Liability Coverage WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGA TOUS Contractual Liability Railroads Bodily Injury to Co Employees Coverage Non Cumulation of Liability Same Occurrence Personal and Advertising Injury Definition of Publication Personal and Advertising Injury Occurrence Redefined NOTICE OF OCCURRENCE OFFENSE OR INJURY UNINTENTIONAL FAILURE TO DISCLOSE PREMIUM RESPONSIBILITY ENDORSEMENT BROAD FORM NAMED INSURED MAJORITY INTEREST Composite Rate Endorsement Earlier Notice of Cancellation Provided By Us Employee Benefits Liability Coverage WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TOUS Contractual Liability Railroads Bodily Injury to Co Employees Coverage Non Cumulation of Liability Same Occurrence Personal and Advertising Injury Definition of Publication Personal and Advertising Injury Occurrence Redefined NOTICE OF OCCURRENCE OFFENSE OR INJURY UNINTENTIONAL FAILURE TO DISCLOSE PREMIUM RESPONSIBILITY ENDORSEMENT IC 00 42 07 09 2008 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 3 | 2 |
Form Number Edition Date LC2908 1011 LC 04021011 LC 24271013 LC25191013 LiIM 99 01 05 11 LC290910 11 LD 241007 13 Additional Insureds LN 20 0106 05 TRIA Exclusions CG 21700108 CG 21760108 CG 26 86 0108 CG 26930108 Title Advertisement Redefined Professional Health Care Services by Employees or Volunteer Workers Coverage Non Owned Watercraft Amendment With Limitation of Coverage Designated Construction Project or Designated Location Combined Aggregate Limits With Total Project and Location Aggregate Limit Notice of Cancellation to Third Parties Bodily Injury Redefined Primary Non Contributory Blanket Additional Insured Cap On Losses From Certified Acts of Terrorism Exclusion of Punitive Damages Related to a Certified Act of Terrorism Arkansas Exclusion of Punitive Damages Related to a Certified Act of Terrorism Alaska Exclusion of Punitive Damages Related to a Certified Act of Terrorism Blanket Additional Insured Cap On Losses From Certified Acts of Terrorism Exclusion of Punitive Damages Related to a Certified Act of Terrorism Arkansas Exclusion of Punitive Damages Related to a Certified Act of Terrorism Alaska Exclusion of Punitive Damages Related to a Certified Act of Terrorism Other Exclusions CG 21160413 CG 2147 1207 CG 21651204 CG 21671204 CG 22500413 IL 00 210908 LC 210106 05 LC 210206 05 LC 2104 06 05 LC 21 06 06 07 LC 213806 07 LC 213906 07 LC 214206 07 L.C 21 65 08 07 State Mandatory CG 01230397 IL 0158 09 08 EXCLUSION DESIGNATED PROFESSIONAL SERVICES Employment Related Practices Exclusion Total Pollution Exclusion With a Building Heating Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception Fungi or Bacteria Exclusion EXCLUSION FAILURE TO SUPPLY Nuclear Energy Liability Exclusion Endorsement Broad Form Asbestos Exclusion Endorsement Silica Exclusion Endorsement Discrimination Exclusion Lead Exclusion Polychlorinated Biphenyls PCBs Exclusion Radioactive Matter Exclusion Electromagnetic Fields and Electromagnetic Radiation Exclusion MTBE Exclusion CG 01230397 indiana Pollution Exclusion Endorsement IL 0158 0908 Indiana Changes NOTICES TO POLICYHOLDER Page 2 of 3 2008 Liberty Mutual Group of Companies. All rights reserved. IC 00 42 07 09 | 2 |
EN 90 48 07 09 Disclosure Terrorism Risk Insurance Act SNI13011210 Indiana Notice To Policyholders Form Number Edition Date Title SNL 90 04 10 13 Liberalization Notice i Form Number Edition Date Title EN 90 48 07 09 Disclosure Terrorism Risk Insurance Act SNI 13011210 Indiana Notice Ta Policyholders SNL 50 04 10 13 Liberalization Notice 2008 Liberty Mutual Group of Companies. All rights reserved. IC 00 42 07 09 Page 3 of 3 | 2 |
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Common Policy Conditions All Coverage Parts included in this policy are subject to the following conditions A. CANCELLATION 1. The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. Ifthis policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and Recommend changes 2. Weare not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or Copyright Insurance Services Office Inc. 1998 Page 1 of 2 IL0017 1198 11 98 | 2 |
b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporaty custody of your property will have your rights and duties but only with respect to that property. Page 2 of 2 IL0017 1198 11 98 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph 2. of the Cancellation Common Policy b. More Than 90 Days IL 027209 07 Condition is replaced by the following 2 Cancellation Of Policies In Effect a. 90 Days Or Less If this policy has been in effect for 90 days or less we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium 2 20 days before the effective date of cancellation if you have perpetrated a fraud or material misrepresentation on us or 3 30 days before the effective date of cancellation if we cancel for any other reason. if this policy has been in effect for more than 90 days or is a renewal of a policy we issued we may cancel this policy only for one or more of the reasons listed below by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium 20 days before the effective date of cancellation if you have perpetrated a fraud or material misrepresentation on us or 45 days before the effective date of cancellation if There has been a substantial change in the scale of risk covered by this policy b Reinsurance of the risk associated with this policy has been cancelled or c You have failed to comply with reasonable safety recommendations. 3 SO Properties Inc. 2006 iL.027209 07 Page 1 of 2 | 2 |
2. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. B. The following is added to the Common Policy Conditions and supersedes any provision to the contrary. NONRENEWAL 1. If we elect not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal at least 45 days before a. The expiration date of this policy if the policy is written for a term of one year or less or b. The anniversary date of this policy if the policy is written for a term of more than one year. 1L027209 07 ISO Properties Inc. 2006 Page 2 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seekingdamages 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 Hll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. if such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prier to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 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. 3 2 4 Insurance Services Office Inc. 2012 CG 00010413 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liabilty in a contract or agreement. This exclusion does not apply to liability for damages 1 Thatthe insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The fumishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitering of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liabllity Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligaton 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. Insurance Services Office Inc. 2012 CG 00010413 Page 2 of 16 | 1 |
f. Poliution 1 Bedily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment orits parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Insurance Services Office Inc. 2012 CG00010413 Page 3 of 16 | 1 |
5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsoty or financial responsibilty law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mabile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Propertyloaned to you b G 2 Any lass 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 sutt by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 Insurance Services Office Inc. 2012 CG 00010413 Page 4 of 16 | 1 |
m. 4 Personal property in the care custody or control of the insured 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 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed onit. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 5 6 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. 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. 0. 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 orinability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates oris alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 2 Insurance Services Office Inc. 2012 CG 00010413 Page 5 of 16 | 1 |
2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another.and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. o e e f. 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Hll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable fimit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Insurance Services Office Inc. 2012 CG 00010413 Page 6 of 16 | 1 |
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 Intermet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of poliutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using mifitary personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act 2 3 4 TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Insurance Services Office Inc. 2012 CG 00010413 Page 7 of 16 | 1 |
o Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 9 o o e 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 The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2 Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Insurance Services Office Inc. 2012 CG 00010413 Page 8 of 16 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and 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. o b c So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section 1 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Ifyou are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business.. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. e Insurance Services Office Inc. 2012 CG 00010413 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members f you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member f you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does riot apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we wil pay regardless of the number of a. Insureds b. Claims made or suits brought or. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 4 Insurance Services Office Inc. 2012 Page 10 of 16 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any cne person or organization. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 4 5 o 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable.. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Insurance Services Office Inc. 2012 Page 11 of 16 CG 00010413 | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductble and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we wil follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this palicy you agree a. The statements in the Declarations are accurate and complete b. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are fimited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. I 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. Insurance Services Office Inc. 2012 CG 00010413 Page 12 of 16 | 1 |
b. Those statements are based upon representations you made to us and. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others ToUs if the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown inthe Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. 2 Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aute means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 1 4 5 6. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage temitory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibilty to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 3. Hostile fire means one which becomes uncontrollable. or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insurance Services Office Inc. 2012 CG 00010413 Page 13 of 16 | 1 |
10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklits and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 9.Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodiy injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. Insurance Services Office Inc. 2012 Page 14 of 16 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not inciude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of ene or more of the following offenses False arrest detention or imprisonment 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 Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. gy 4 9 15.Poliutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are stil 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 When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalied equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. b. 2 T Insurance Services Office Inc. 2012 CG 00010413 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment fumished in connection with such goods or products. b. includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment fumished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Insurance Services Office Inc. 2012 CG 00010413 Page 16 of 16 | 1 |
Policy Number TB2 641 444277 023 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED MAJORITY INTEREST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The term Named Insured includes in addition to the person or organization designated in the Declarations as the first Named Insured 1. Any corporation or other business organization excluding partnerships and joint ventures in which the Named Insured has or acquires an ownership interest of more than 50 fifty percent and which is domiciled within the United States of America its territories or possessions. but only while the first Named Insured directly or indirectly owns during the policy period an interest therein of more than 50 and 2. any other organization except for a partnership or joint venture incorporated or organized under the laws of the United States of America or its states territories or possessions Puerto Rico or Canada or its provinces but only while the first Named Insured or any of the Named Insureds in Paragraph A.1. above directly or indirectly owns during the policy period an interest therein of more than 50. But of the above designated persons or organizations is a Named Insured with respect to 1 bodily injury or property damage that occurred or 2 personal and advertising injury caused by an offense or a series of related offenses committed prior to the ownership interests described in Paragraph A.1. or A.2. above. B. Paragraph 3. of Section Il Who Is An Insured is deleted. C. The final paragraph of Section Il Who Is An Insured is replaced by the following A partnership or joint venture is not a Named Insured unless it is shown in the Declarations or in Paragraph A.1. of this endorsement. 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 or in Paragraph A.1. of this endorsement or for any limited liability company that is not a Named Insured. D. The first Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 99400213 Page 1 of 1 | 2 |
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Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPOSITE RATE This endersement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVEAND HIGHWAY LIABILITY POLICY NEWYORK With regard to composite rated premium for this policy exposure types are defined as Admissions means the total number of persons other than employees of the named insured admitted to the eventinsured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. Area Square Feet means area as measured in square feet of all property you own lease or rent including land held for investment during the policy period. Cost Total Cost means the total cost of all work let or sublet in connection with each specific project including 1 the cost of all labor materials and equipment furnished used or delivered for use in the execution of the work and 2 all fees bonuses or commissions made paid or due. Gross Receipts means the total amount earned by the insured for transporting passengers mail and merchandise. Gross Sales Including Foreign means the gross amount charged by you your concessionaires or by others trading under your name for all goods or products sold or distributed during the policy period operations performed during the policy period and rentals both in the United States of America its territories and possessions and outside the United States of America its territories and possessions. Sales includes taxes foreign exchange discounts freight allowance to customers total sales of consigned goods and warehouse receipts trade or cash discounts bad debts and repossessions of items sold on installments. Gross Sales Excluding Foreign means the gross amount charged by you your concessionaires or by others trading under your name for all goods or products sold or distributed during the policy period operations performed during the policy period and rentals only in the United States of America its territories and possessions and Puerto Rico. Sales includes taxes foreign exchange discounts freight allowance to customers total sales of consigned goods and warehouse receipts trade or cash discounts bad debts and repossessions of items sold on installments. Operating Expenditures means total expenditures including grants entitlements and shared revenue without regard to source of revenue during the policy period including accounts payable subject to inclusions exclusions and terminology in accordance with the General Liability manual in use by the Company. Workers Compensation Payroll means all payments by you in money or in substitutes for money during the policy period to all executive officers and other employees for services rendered subject to any over time earnings limitation of remuneration or exception rules applicable in accordance with the Workers Compensation manual in use by the Company. LC99121013 2013 Liberty Mutualinsurance. All rights reserved. Page 1 of 2 Includes copvriahted material of iInsurance Services Office Ince. with ite permission. 2013 Liberty Mutualinsurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
General Liability Payroll means all payments by you in money or in substitutes for money during the policy period to all executive officers and other employees for services rendered subject to any overime earnings limitation of remuneration or exception rules applicable in accordance with the General Liabilty manual in use by the Company. Units means a single room or group of reoms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. Other means Page 2 of 2 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material ofInsurance Services Office Inc. with its permission. LC99121013 | 2 |
POLICY NUMBER TB2 641 444277 023 VIBER TB2 641 444277 023 COMMERCIAL GENERAL LIABILITY CG 02241093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CG 02241093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 04351207 POLICY NUMBER TB2 641 444277 023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THEENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Limit Of Insurance EZ uzmgee Employee Benefits 1000000 each employee 1000 Programs 2000000 aggregate Retroactive Date 07012001 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages No other obligation or liability to pay sums or perform acts or services is covered COVERAGE EMPLOYEE BENEFITS unless explicitly provided for under Sup LIABILITY plementary Payments. 1. Insuring Agreement. b. This insurance applies to damages only if a. We will pay those sums that the insured 1 The act error or omission is negligently becomes legally abligated to pay as committed in the administration of damages because of any act error or your employee benefit program omission of the insured or of any other T o person for whose acts the insured is legally 2 The act error or omission did not take liable to which this insurance applies. We place before the Retroactive Date if will have the right and duty to defend the fvenmelpzyigule riwr after i an insured against any sut seeking those damages. However we will have no duty to 3 A claim for damages because of an act error or omission is first made defend the insured against any suit seeking damages to which this insurance against any insured in accordance with Paragraph c. below during the policy does not apply. We may at our discretion investigate any report of an act error or period or an Extended Reporting Period omission and settle any claim or suit that we provide under Paragraph F. of this may result. But endorsement. 1 The amount we will pay for damages is c. Aclaim seeking damages will be deemed limited as described in Paragraph D. Section lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or setlements. to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or ISO Properties Inc. 2006 CG 04351207 Page 1 of 6 | 2 |
f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any simifar state or local law. Employment Related Practices Damages arising out of wrongful termin ation of employment discrimination or oth er employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is alse an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your tegal represen tative is appointed. h. 2 When we make settiement in accor dance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or pers onal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any ptan included in the employee benefit pro gram. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. v ISO Properties Inc. 2006 CG 04351207 Page 2 of 6 | 2 |
c. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Hl Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your employee benefit program. However the amount paid under this en dorsement 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 benefit program. L3 The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. in that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insur ance. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The fimits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and ad ISO Properties Inc. 2006 CG 04 351207 Page 3 of 6 | 2 |
b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer 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 per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable fimits of insurance of all insurers. 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable.. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or seitfement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. ISO Properties Inc. 2006 CG 04351207 Page 4 of 6 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You wil have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date ater than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2 The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accerdance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroli deductions. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4 o 2 iSO Propertties Inc. 2006 CG 04351207 Page 5 of 6 | 2 |
e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 18. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured 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. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. T c. e Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and dis ability benefits Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and ISO Properties Inc. 2006 CG 04351207 Page 6 of 6 | 2 |
POLICY NUMBER TB2 641 444277 023 POLICY NUMBER TB2 641 444277 023 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8 Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name Of Person Or Organization Any person or organization with whom you have agreed in writing to waive any right of recovery prior to a loss Information required to complete this Schedule if not shown above will be shown in the Declarations. Insurance Services Office Inc. 2008 CG 2404 0509 Page 1 of 1 | 2 |
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POLICY NUMBER TB2 641 444277 023 MBER TB2 641 444277 023 COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec tion is replaced by the following 9. Insured Contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured con tract A sidetrack agreement Any easement or ficense 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 in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another 20w 9 party to pay for bodily injury or p age to a third person or organizi ability means a liability that would by law in the absence of any agreement. Paragraph f. does not include tha cantract or agreement 1 That indemnifies an architect surveyor for injury or damage a a Preparing approving or f pare or approve maps sh opinions reports surveys change orders or drawings cations or b Giving directions or instruc ing to give them if that is cause of the injury or dama 2 Under which the insured if engineer or surveyor assume an injury or damage arising o sured s rendering or failure to fessional services including th Paragraph 1 above and suj spection architectural or engin ties party to pay for bodily injury or property dam age to a third person or organization. Tort li ability 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 cantract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or Giving directions or instructions or fail ing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineerting activi ties. b SCHEDULE Scheduled Railroad Designated Job Site Any railroad for which you are performing operations All jobsites. and for which no Railroad Protective Liability Policy has been purchased for the railroad by you or any railroad for which your work has been completed or put to its intended use. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ISO Properties Inc. 2000 CG 24171001 Page 1 of 1 | 2 |
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Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Bodily Injury to Co Employees Coverage This endorsement modifies the insurance provided under the following 1. COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Paragraph 2. of the WHO IS AN INSURED section 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 or volunteer workers are insureds while in the course of their employment or performing duties related to the conduct of your business with respect to bodily injury a toyou b to your partners or members if partnership or joint venture to your members if you are a limited liability company or d to acoemployee or volunteer worker while that coemployee or volunteer worker is either in the course of his or her employment by you or while performing duties related to the conduct of your business including participation in any recreational activities sponsored by you. However none of these employees or volunteer workers are insureds for the providing of or failure to provide professional health care services. Limits of Insurance a. Sublimit Each Occurrence. This insurance is subject to a sublimit of 1000000 each occurrence This sublimit is subject to the Each Occurrence Limit shown in the Declarations it is not in addition to the Each Occurrence Limit. If a sublimit is not designated above the applicable limit is the Each Occurrence Limit shown in the Declarations. b. Aggregate. This insurance is subject to the General Aggregate Limit shown in the Declarations. The insurance provided by this endorsement for bodily injury to a coemployee or volunteer worker will not apply if the injured coemployee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. The insurance provided by this endorsement is excess over any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis L.C 04 04 06 05 Page 1 of 1 | 2 |
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Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Non Cumulation of Liability Same Occurrence This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to paragraph 4. of the Limits of Insurance Section If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future liability policyies issued to you by us also applies then this policy s Personal and Advertising Injury Limit will be reduced by the amount of each payment made by us under the other policyjes because of such occurrence. The following is added to paragraph 5. of the Limits of Insurance Section If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. The final paragraph of the Limits of Insurance Section is replaced with the following The aggregate Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregated Limits of Insurance However the Each Occurrence Limit is the most we will pay for damages and Medical Expenses because of all bodily injury and property damage arising out of any one occurrence and the Personal and Advertising Injury Limit is the most we will pay for damage because of all personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LC 2513 08 08 Page 1 of 1 | 2 |
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Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Personal and Advertising Injury Redefined Definition of Publication This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraphs d. and e. of the definition of personal and advertising injury are replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses d. Oral or written publication directly to the public at large of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. e 1 Oral or written publication directly to the public at large of material that violates a person s right of privacy 2 Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness. The following definition is added to the Definitions Section Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information. LC 290408 08 Page 1 of 1 | 2 |
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Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Personal and Advettising Injury Occutrence Redefined This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 4. of the Limits of Insurance section is replaced by the following 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 arising out of any one occurrence. B. The definition of occurrence in the Definitions section is replaced by the following Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. LC 29 06 08 08 Page 1 of 1 | 2 |
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Policy Number TB2 641 444277 023 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF OCCURRENCE OFFENSE OR INJURY This endorsement medifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART For purposes of Condition 2.a. of Section IV you refers to an executive officer or employee designated by the first Named Insured to give us notice. 2013 Liberty MutualInsurance. Al rights reserved. Includes copyrighted material of insurance Services Office Inc. with Its permission. LC99010213 Page 1 of 1 | 2 |
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