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IL 01 58 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY Under the Mortgageholders Errors And Omis sions Coverage Form the following condition applies only to Coverage C and Coverage D. The following condition is added Notice given by or on behalf of the insured to any of our authorized agents in Indiana with particu lars sufficient to identify the insured shall be considered to be notice to us. IL 01 58 09 08 ISO Properties Inc. 2007 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 01230397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions of Bodily Injury And Property Damage Liability Coverage Section Coverages and to Paragraph 2. Exclusions of Personal And Advertising Injury Liability Coverage Section Coverages or to any amendment to or replacement thereof This Pollution Exclusion applies whether or not such irritant o contaminant has any function in your business operations premises site or location CG 01230397 Copyright Insurance Services Office Inc. 1996 Page 10f 1 | 2 |
IL0117 1210 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES WORKERS COMPENSATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. Forinsurance provided under the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment Related Practices Liability Coverage Part Liquor Liability Coverage Part Medical Professional Liability Coverage Part Owners And Contractors Protective Liability Coverage Part Pollution Liability Coverage Part Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Part Underground Storage Tank Policy The following is added to the Workers Compensation And Similar Laws Exclusion This exclusion also applies to any obligation of the insured under the Indiana Workers Compensation statutes arising out of the failure of the insured to exact from a contractor or subcontractor if the insured is a contractor a certificate from the workers compensation board showing that the contractor or subcontractor has complied with the applicable workers compensation insurance requirements. B. For insurance provided under the Commercial Automobile Coverage Part the following is added to the Workers Compensation Exclusion This exclusion also applies to any obligation of the insured under the Indiana Workers Compensation statutes arising out of the failure of the insured to exact from a contractor or subcontractor if the insured is a contractor a certificate from the workers compensation board showing that the contractor or subcontractor has complied with the applicable workers compensation insurance requirements.. For insurance provided under the Farm Liability Coverage Form and Farm Umbrella Liability Policy the following is added to the Workers Compensation Or Similar Law Exclusion This exclusion also applies to any obligation of the insured under the Indiana Workers Compensation statutes arising out of the failure of the insured to exact from a contractor or subcontractor if the insured is a contractor a certificate from the workers compensation board showing that the contractor or subcontractor has complied with the applicable workers compensation insurance requirements. B. For insurance provided under the Commercial Automobile Coverage Part the following is added to the Workers Compensation Exclusion This exclusion also applies to any obligation of the insured under the Indiana Workers Compensation statutes arising out of the failure of the insured to exact from a contractor or subcontractor if the insured is a contractor a certificate from the workers compensation board showing that the contractor or subcontractor has complied with the applicable workers compensation insurance requirements. C. For insurance provided under the Farm Liability Coverage Form and Farm Umbrella Liability Policy the following is added to the Workers Compensation Or Similar Law Exclusion This exclusion also applies to any obligation of the insured under the Indiana Workers Compensation statutes arising out of the failure of the insured to exact from a contractor or subcontractor if the insured is a contractor a certificate from the workers compensation board showing that the contractor or subcontractor has complied with the applicable workers compensation insurance requirements. ILo117 1210 Insurance Services Office Inc. 2010 Page 1 of 1 o | 2 |
IL 02 83 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WISCONSIN 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 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 Condition is replaced by the following 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least 10 days before the ef fective date of cancellation. If this policy has been in effect for less than 60 days and is not a renewal policy we may can cel for any reason. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued ex cept as provided in Paragraph 7. below we may cancel this policy only for one or more of the following reasons a. The policy was obtained by material mis representation b. There has been a substantial change in the risk we originally assumed except to the extent that we should have foreseen the change or considered the risk in writing the policy c. There have been substantial breaches of contractual duties conditions or warranties or d. Nonpayment of premium. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued the notice of cancellation will state the reason for cancellation. B. The following is added to the Cancellation Com mon Policy Condition 7. Anniversary Cancellation If this policy is written for a term of more than one year or has no fixed expiration date we may cancel this policy for any reason by mail ing or delivering to the first Named Insured written notice of cancellation at least 60 days before the anniversary date of the policy. Such cancellation will be effective on the policy s an niversary date. We may cancel this policy because of the ter mination of an insurance marketing intermedi ary s contract with us only if the notice of can cellation contains an offer to continue the policy with us if we receive a written request from the first Named Insured prior to the date of cancellation. IL 02 83 09 07 ISO Properties Inc. 2006 Page 1 of 3 o | 2 |
C. The following applies to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Crime And Fidelity Coverage Part Equipment Breakdown Coverage Part Farm Coverage Part 1. We may rescind this policy because of the following a. Misrepresentation made by you or on your behalf in the negotiation for or procurement of this Coverage Part if the person knew or should have known that the representation was false b. Breach of affirmative warranty made by you or on your behalf in the negotiation for or procurement of this Coverage Part c. Failure of a condition before a loss if such failure exists at the time of loss or d. Breach of a promissory warranty if such breach exists at the time of loss. 2. We may not rescind this policy a. For the reasons in Paragraphs C. C.1.b. unless 1 We rely on the misrepresentation or affirmative warranty and the misrepre sentation or affirmative warranty is ei ther material or made with intent to de ceive or 2 The facts misrepresented or falsely warranted contribute to the loss. b. For the reasons in Paragraphs C.1.c. and C.1.d. unless such failure or breach 1 Increases the risk at the time of loss or 2 Contributes to the loss. 3. If we elect to rescind this policy we will notify the first Named Insured of our intention within 60 days after acquiring knowledge of sufficient facts to constitute grounds for rescission. D. The following are added and supersede any other provisions to the contrary 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured s last mailing ad dress known to us. WWe may elect not to re new for any reason the notice will state the reason for nonrenewal. We will mail or de liver the notice at least 60 days before the expiration date of this policy. and We need not mail or deliver the notice if 1 You have insured elsewhere 2 You have accepted replacement cover age 3 You have requested or agreed to non renewal of this policy or 4 This policy is expressly designated as nonrenewable. b. We may refuse to renew this policy be cause of the termination of an insurance marketing intermediary s contract with us only if the notice of nonrenewal contains an offer to renew the policy with us if we re ceive a written request from the first Named Insured prior to the renewal date. c. If you fail to pay the renewal or continuation premium by the premium due date this pol icy will terminate on the policy expiration or anniversary date if we have 1 Given you written notice of the renewal or continuation premium not more than 75 days nor less than 10 days prior to the due date of the premium and 2 Stated clearly in the notice the effect of nonpayment of premium by the due date. 2. Anniversary Alteration If this policy is written for a term of more than one year or has no fixed expiration date we may alter the terms or premiums of this policy by mailing or delivering written notice of less favorable terms or premiums to the first Named Insured s last mailing address known to us. We will mail by first class mail or deliver this no tice at least 60 days prior to the anniversary date. If we notify the first Named Insured within 60 days prior to the anniversary date the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured s right to cancel. The first Named Insured may elect to cancel the policy at any time during the 60 day period in accor dance with Paragraph 1. of the Cancellation Common Policy Condition. If the first Named Insured elects to cancel the policy during the 60 day period return premiums or additional premium charges will be calculated proportion ately on the basis of the old premiums. Page 2 of 3 ISO Properties Inc. 2006 IL 02 83 09 07 m | 2 |
3. Renewal With Altered Terms If we elect to renew this policy but on less fa vorable terms or at higher premiums we will mail or deliver written notice of the new terms or premiums to the first Named Insured s last mailing address known to us. We will mail by first class mail or deliver this notice at least 60 days prior to the renewal date. If we notify the first Named Insured within 60 days prior to the renewal date the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured s right to cancel. The first Named Insured may elect to cancel the re newal policy at any time during the 60 day pe riod in accordance with Paragraph 1. of the Cancellation Common Policy Condition. If the first Named Insured elects to cancel the re newal policy during the 60 day period return premiums or additional premium charges will be calculated proportionately on the basis of the old premiums. We need not mail or deliver this notice if the only change adverse to you is a premium in crease that a. Is less than 25 and is generally applicable to the class of business to which this policy belongs or b. Results from a change based on your ac tion that alters the nature or extent of the risk insured against including but not lim ited to a change in the classification or the units of exposure or increased policy cov erage. E. Special Provision Cancellation And Nonrenewal With respect to insurance provided under the Commercial Automobile Coverage Part we will not cancel or refuse to renew Liability Coverage wholly or partially because of age sex residence race color creed religion national origin ances try marital status or occupation of anyone who is an insured. IL 02 83 09 07 ISO Properties Inc. 2006 Page 3 of 3 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 01240193 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WISCONSIN CHANGES AMENDMENT OF POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. The following is added to CHANGES Common Policy Conditions If one of our agents knows of a fact that breaches a condition of this Coverage Part we will be con sidered to have knowledge of this same fact if a. The agent knows of this fact at the time the Coverage Part is issued or an application is made or b. The agent later learns of this fact in the course of his dealings as an agent with you. Any fact that breaches a condition of this Cover age Part and is known to the agent prior to loss shall not void the Coverage Part or prevent a re covery in the event of loss.. The LEGAL ACTION AGAINST US Condition Section IV does not apply.. The following is added to Condition 6. REPRE SENTATIONS Section IV No misrepresentation or breach of affirmative war ranty made by you or on your behalf in the nego tiation of this Coverage Part affects our obligation under this Coverage Part unless a. We rely on it and it is either material or made with intent to deceive or b. The facts misrepresented or falsely warranted contribute to the loss. No failure of a condition before the loss and no breach of a promissory warranty affects our obli gation under this Coverage Part unless such fail ure or breach a. Exists at the time of the loss and b. Either increases the risk at the time of the loss or contributes to the loss. The provisions of this condition do not apply to nonpayment of premium.. Condition 8. TRANSFER OF RIGHTS OF RE COVERY AGAINST OTHERS TO US Section IV is replaced by the following In the event of any payment under this Coverage Part we will be entitled to the insured s rights of recovery against any person or organization and the insured will do whatever is necessary to se cure such rights. We will be entitled to a recovery only after the insured has been fully compensated for damages.. CONFORMITY TO STATUTE OR RULE Any provision of this policy including endorse ments which modify the policy that is in conflict with a Wisconsin statute or rule is hereby amended to conform to that statute or rule. The term rule means a valid rule promulgated by the Commissioner of Insurance in accordance with the rule making authority conferred under Wis. Stat. Ann. Section 227.112 and published in the Wisconsin Administrative Code. CG 01240193 Copyright Insurance Services Office Inc. 1984 1992 Page 1 of 1 o | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 each employee 1000 INCLUDED Programs 1000000 aggregate 09 01 2012 Information required to complete this Schedule if not shown above will be shown in the Declarations. Retroactive Date A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. b. This insurance applies to damages only if becomes legally obligated to pay as dam ages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable 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 dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. 3 c. A claim seeking damages will be deemed 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 CG 04351207 ISO Properties Inc. 2006 Page 1 0of 6 o | 2 |
2 When we make settlement 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.. All claims for damages made by an em ployee because of any act error or omis sion 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 dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram.. 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. 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. h. 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 col lectible insurance.. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other 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 Em ployee 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 also 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 legal represen tative is appointed. Page 2 of 6 ISO Properties Inc. 2006 CG 04351207 m | 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. b. 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 Il Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Sche dule 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 suit 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. 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. 2. 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 applica ble to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Sche dule applies to all damages sustained by any one employee including such em ployee 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 CG 04351207 ISO Properties Inc. 2006 Page 3 of 6 o | 2 |
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 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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.. 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. 2 4 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 a 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. 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 contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes fffany 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 limits of insurance of all insurers. 4 Page 4 of 6 ISO Properties Inc. 2006 CG 04351207 m | 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 will 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 later 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. 3. 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 accordance 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. 4. 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 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 c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. 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. CG 04351207 ISO Properties Inc. 2006 Page 5 of 6 o | 2 |
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 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 b. 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 c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. 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 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 5. 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. 18. 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. Page 6 of 6 ISO Properties Inc. 2006 CG 04351207 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 2186 1204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury property damage or personal and advertising in jury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrica tion preparation distribution and sale installa tion application maintenance or repair includ ing remodeling service correction or replacement of any exterior insulation and fin B. The following definition is added to the Definitions Section. Exterior insulation and finish system means a non load bearing exterior cladding or finish sys tem and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials ish system or any part thereof or any substan 2. tially similar system or any part thereof includ ing the application or use of conditioners The adhesive andor mechanical fasteners used to attach the insulation board to the sub strate primers accessories flashings coatings 3. Areinforced or unreinforced base coat 039 or sealants in connection with such a 4. A finish coat providing surface texture to which system or color may be added and Your product or your work with respect to 5. Any flashing caulking or sealant used with the any exterior component fixture or feature of any structure if an exterior insulation and finish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. system for any purpose. CG 21861204 ISO Properties Inc. 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2196 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Per Injury And Property Damage Liability sonal And Advertising Injury Liability 2. Exclusions 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or sus pected inhalation of or ingestion of silica or silica related dust b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. rin part out led or sus n of silica whole or in threatened sure to ex or silica g in whole testing for ng contain izing reme CG 2196 03 05 ISO Properties Inc. 2004 Pagetof1 O | 2 |
COMMERCIAL GENERAL LIABILITY CG 2146 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. The actual or threatened abuse or molestation by anyone of any person while in the care custody or control of any insured or e. 2. The negligent a. Employment b. Investigation c. d. Reporting to the proper authorities or failure Supervision to so report or Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph 1. above. CG 2146 07 98 Copyright Insurance Services Office Inc. 1997 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liabil 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG 22790413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2167 1204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Per Injury And Property Damage Liability sonal And Advertising Injury Liability 2. Exclusions 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or C. The following definition is added to the Definitions bacteria that are are on or are contained in a Section good or product intended for bodily consump Fungi means any type or form of fungus includ tion. ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 1age which le or in part reatened in with expo nce of any 2 building or regardless nt material tly or in any ge. 1 g out of the cleaning up detoxifying osing of or sessing the any insured CG 21671204 ISO Properties Inc. 2003 Pagetof1 O | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF PERSONAL INJURY COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Coverages Coverage B. Personal and Advertising Injury Liability 2. Exclusions e. is deleted in its entirety. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0030 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Persons Or Organizations Locations of Covered Operations As required by written contract. Information required to complete this Schedule if not shown above will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so we will share with that other insurance by the method described in paragraph 4.c. of Section IV Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0029 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION UNINTENTIONAL ERRORS AND OMISSIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Section IV Commercial General Liability Conditions Any unintentional error or omission in the description of or failure to completely describe any premises or operations intended to be covered by this Coverage Part will not invalidate or affect coverage for those premises or operations. However you must report such error or omission to us as soon as practicable after its discovery. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0034 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION KNOWLEDGE AND NOTICE OF AN OCCURRENCE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Section IV Commercial General Liability Conditions 2. Duties in the Event of Occurrence Offense Claim or Suit e. Knowledge of an occurrence claim or suit by the agent servant or employee of any Insured shall not in itself constitute knowledge by the Insured unless the following individual shall have received such notice from the agent servant or employee Project Manager unless otherwise specified below Knowledge of an occurrence claim or suit by one or more Named Insured or Insured shall not constitute knowledge of such occurrence claim or suit by any other Named Insured and notice of any occurrence claim or suit given to the Company or any of its authorized agents by one Named Insured or Insured shall constitute such notice by all Named Insured and Insureds. For purposes of this endorsement Project Manager shall mean the designee of the Named Insured or Insured exercising on behalf of such Named Insured or Insured chief supervisory or administrative authority at the project site. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0024 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDATORY ENDORSEMENT WHEN WE DO NOT RENEW FORM A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 9. When We Do Not Renew is replaced by the following 9. If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than SIXTY 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0047 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION EXTEND EXPECTED AND INTENDED TO PROPERTY DAMAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions a. Expected or Intended Injury is replaced by the following a. Bodily Injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect person or property. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0054 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION ASBESTOS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION The coverage afforded by this policy does not apply to bodily injury personal injury or property damage arising out of 1 Inhaling ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos or 2. The use of asbestos in construction or manufacturing any good product or structure or 3. The removal of asbestos from any good product or structure or 4. The manufacture sale transportation storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by the policy does not apply to payment for the investigation or defense of any loss injury or damage or any cost fine or penalty or for any expenses of claim or suit related to any of the above. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0019 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION EXCLUSION LEAD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION This insurance does not apply to 1. Bodily injury or personal injury resulting from exposure to lead or to any product containing lead Property damage resulting from the existence handling processing installing removing disposal sale or distribution of lead or any property containing lead Any loss cost or expense arising out of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing lead or any product containing lead whether done pursuant to government directive or request or for any other reason Any loss cost or expense arising out of the removal replacement repair enclosure or encapsulation of lead or any substance containing lead from a building or structure. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0025 09 06 | 2 |
POLICY NUMBER A7CG041813 01 LICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 2503 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects ALL OF YOUR DESIGNATED CONSTRUCTION PROJECTS. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each des ignated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A ex cept damages because of bodily injury or property damage included in the products completed operations hazard and for medi cal expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. damages or under Coverage C for medical expenses shall reduce the Designated Con struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag gregate Limit shown in the Declarations nor shall they reduce any other Designated Con struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Decla rations such limits will be subject to the appli cable Designated Construction Project Gen eral Aggregate Limit. JCTION PROJECTS. CG 2503 05 09 Insurance Services Office Inc. 2008 Page 1 of 2 o | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attrib uted only to ongoing operations at a single des ignated construction project shown in the Sched ule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Desig nated Construction Project General Aggre gate Limit. C. When coverage for liability arising out of the products completed operations hazard is pro vided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Ag gregate Limit and not reduce the General Ag gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contract ing parties deviate from plans blueprints de signs specifications or timetables the project will still be deemed to be the same construction pro ject. E. The provisions of Section Il Limits Of Insur ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2503 05 09 o | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Designated Locations ALL LOCATIONS OWNED BY OR RENTED TO YOU. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated loca tion shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca tion General Aggregate Limit for that desig nated location. Such payments shall not re duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre gate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Decla rations such limits will be subject to the appli cable Designated Location General Aggre gate Limit. BY OR RENTED TO YOU. CG 2504 05 09 Insurance Services Office Inc. 2008 Page 1 of 2 o | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attrib uted only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Desig nated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is pro vided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Ag gregate Limit and not reduce the General Ag gregate Limit nor the Designated Location Gen eral Aggregate Limit. D. For the purposes of this endorsement the Defi nitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Il Limits Of Insur ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2504 05 09 o | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 2404 0509 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 SCHEDULE Name Of Person Or Organization WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. DNTRACT. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1 of 1 o | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 2404 0509 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 SCHEDULE Name Of Person Or Organization TOPPING OUT INC. DAVIS ERECTION DAVIS J.D. STEEL LLC J.D. STEEL LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. IS ERECTION CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1 of 1 o | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 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 o | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION WRAP UP EXCLUSION WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING OPERATIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following exclusion is added to Paragraph 2.Exclusions of Section Coverage A Bodily Injury and Property Damage Liability This insurance does not apply to bodily injury or property damage arising out of any project that is or was subject to a wrap up insurance program in which you are or were included as an insured. This exclusion does not apply to bodily injury or property damage arising out of your ongoing operations A for work being performed at any location owned by or rented to you that is not within the project site or location as defined in the wrap up insurance program and is not covered by the wrap up insurance program or B for work being performed on a project covered by a wrap up insurance program after such program has terminated or expired. The exceptions A. and B. above do not apply to bodily injury or property damage included in the products completed operations hazard even if you are required to provide such coverage for an additional insured by a written contract or agreement. The following is added to Section V Definitions Wrap up insurance program means an owner or contractor controlled or similar insurance program under which some or all of the contractors and subcontractors working on a specific project or projects are required to participate in a program to obtain insurance that a. Isissued specifically to cover damage or injury arising out of such project or projects and b. Includes the same or similar insurance as is provided by this endorsement. All other terms and conditions of this Policy remain unchanged. Named Insured ouo curcaco steen 1ic Policy Number A7CG041813 01 Endorsement No. 000 Policy Period 09 01 13 to Endorsement Effective Date 09 01 13 09 01 14 Producer s Name OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY INC. Producer Numbet 0000007007 AUTHORIZED REPRESENTATIVE CG EN GN 0090 02 10 Page DATE Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following 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 UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. CG 21730108 ISO Properties Inc. 2007 Page 1 of 1 o | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 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 Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy 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 entitied 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 property thereat. 2 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source materi 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 property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 2 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 o | 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 ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. d Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 m | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION NONOWNED WATERCRAFT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions g. Aircraft Auto Or Watercratft 2 is amended to read A watercraft you do not own that is Less than 51 feet long and b Not being used to carry persons or property for a charge. However this exception does not apply to watercraft you do not own that is used in any pre arranged race or speed contest. SECTION Il WHO IS AN INSURED is amended to add the following No person is an insured with respect to any watercraft owned in whole or in part by such person or by a member of his household. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE CG EN GN 0039 09 06 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION BROAD FORM NAMED INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART BUSINESS AUTO COVERAGE FORM The Named Insured on the Declarations page is revised to include Named Insured means the person or organization first named as the Named Insured on the Declarations page of this policy the First Named Insured. Named Insured also includes 1 any other person or organization named as a Named Insured on the Declarations page 2 any subsidiary associated affiliated allied or acquired company or corporation including subsidiaries thereof of which any insured named as the Named Insured on the Declarations page has more than 50 ownership interest in or exercises management or financial control over at the inception date of this policy provided such subsidiary associated affiliated allied or acquired company or corporation and their operations have been declared to us prior to the inception date of this policy. Named Insured Policy Number Endorsement No. Policy Period Endorsement Effective Date Producer s Name Producer Number AUTHORIZED REPRESENTATIVE DATE IL EN GN 0001 09 06 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21651204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. This exclusion does not apply to a Bodily injury if sustained within a building which is or was at any time owned or occu pied by or rented or loaned to any insured 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 oc cupants or their guests or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any in sured or others for the handling storage disposal processing or treatment of waste or b ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants 2 Any loss cost or expense arising out of any a Request demand order or statutory or b regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or as sessing the effects of pollutants ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants 2 Any loss cost or expense arising out of any a b Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or as sessing the effects of pollutants CG 21651204 ISO Properties Inc. 2003 Pagetof1 O | 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 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20100413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG20100413 | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTACT BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20370413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations TOPPING OUT INC. DAVIS ERECTION DAVIS J.D. STEEL LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. AVIS J.D. STEEL LLC CG 20100413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG20100413 | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Completed Operations TOPPING OUT INC. DAVIS ERECTION DAVIS J.D. STEEL LLC J.D. STEEL LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. LLC CG 20370413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL PERSONS INSURED INJURY TO A FELLOW EMPLOYEE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART In consideration of the premium charged the following provisions apply to the insurance provided by this policy and supersede any provisions to the contrary. It is agreed that the following language is added to the end of paragraph 2.a.1a of SECTION IlI WHO IS AN INSURED. However with respect to the positions designated below the employees in those positions are considered insureds for bodily injury or personal injury to a fellow employee while the fellow employee is in the course of employment. Covered Positions EXECUTIVE OFFICERS SUPERVISORS MANAGERS All other terms and conditions of this Policy remain unchanged. Policy Number A7CG041813 01 Endorsement No. 000 Policy Period 09 01 13 to Endorsement Effective Date 09 01 13 09 01 14 Producer s Name OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY INC. Producer Numbe 0000007007 AUTHORIZED REPRESENTATIVE DATE CG EN GN 009103 10 Page 1 of 1 | 2 |
POLICY NUMBER A7CG041813 01 POLICY NUMBER A7CG041813 01 COMMERCIAL GENERAL LIABILITY CG 04370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury And Property Damage Liability in Section Coverages is replaced by the following 2. Exclusions This insurance does not apply to p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. However this exclusion does not apply to liability for damages because of bodily injury. B. The following paragraph is added to Section Ill Limits Of Insurance Subject to 5. above the Loss of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. C. The following definition is added to the Definitions section 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. D. For the purposes of the coverage provided by this endorsement the definition of property damage in the Definitions section is replaced by the following 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 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data 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. CG 04370413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT ILLINOIS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART We may cancel or non renew this policy. If we cancel or non renew this policy for any reason other than non payment we will deliver notice of the cancellation or non renewal to all Specified Persons or Organizations on file with us THIRTY 30 days prior to the effective date of cancellation or non renewal. We may cancel this policy for non payment. If we do we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us TEN 10 days prior to the effective date of cancellation. If notice is mailed proof of mailing will be sufficient proof of notice. This endorsement does not apply to the Named Insured. Named Insured OLD CHICAGO STEEL LLC Policy Number A7CG041813 01 Endorsement No. 000 Policy Period 09 01 13t0 09 01 14 Endorsement Effective Date 09 01 13 Producer s Name OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY INC. Producer Number 0000007007 AUTHORIZED REPRESENTATIVE DATE IL EN IL 0004 09 11 Page 1 of 1 | 2 |
INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE IN WITNESS WHEREOF we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. OLD REPUBLIC GENERAL INSURANCE CORPORATION 307 N. Michigan Avenue Chicago lllinois 60601 A Stock Company o by Secretary R President X K OLD REPUBLIC couus X K 307 North Michigan Avenue Chicago Illinois 60601 312 346 8100 J02 0812 | 2 |
Libes Mutudl LSIPOLJKT Ed. 2012 LIBERTY SURPLUS INSURANCE CORPORATION RAILROAD GENERAL LIABILITY In Witness Whercof we have caused this policy to be signed by its President and Sccretary. el T Ao0do PRESIDENT VICE PRESIDENT and SECRETARY Matthew P. Dolan Mark C. Touhey Liberty Surplus Insurance Corporation 175 Berkeley Street Boston MA 02116 Toll free number 1 800 677 9163 PRESIDENT Matthew P. Dolan Liberty Surplus Insurance Corporation 175 Berkeley Street Boston MA 02116 Toll free number 1 800 677 9163 Ed. 2012 | 2 |
Liberty N. N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock In nce Company hereinafte the Compa A 02116 sumber 1.800 677 9163 Policy Number Broker Name and Address Renewal of 1st Yr. Liab. Pol. GLHV452159 7 R T SPECIALTY LLC GLHV452159 6 2014 1100 Walnut Street Suite 3200 Kansas City MO 64106 Item 1. Named Insured Freedom Railcar Solutions LLC Address 250 South Castle Rock Lane Mustang OK 73064 First Named Insured Freedom Railcar Solutions LLC The Named Insuredis Individual O Partnership B LLC O Anorganization other than a Partnership Joint Venture or LLC ure Insured Business of the Insured is Railroad Repair Item 2. Policy Period From June 20 2020 To June 20 2021 1201 AM standard time at the address of the Named Insured as stated herein Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT Other than Products Completed Operations 4000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 4000000 BODILY INJURY AND PROPERTY DAMAGE LIABILITY Each Occurrence 2000000 DAMAGES TO PREMISES RENTED TO YOU LIMIT Each Occurrence 50000 PERSONAL INJURY AND ADVERTISING INJURY E MEDICAL PAYMENTS h Occurrence 52000000 5000 Item 4. DEDUCTIBLE AMOUNT The Deductible Amount is 5000 Per Occurrence including Loss Adjustment Expense Item 1. PREMIUM 7.00 rate per 1000 of Revenue Classifications or Premium Basis Certified TRIA Locations Revenues Rate Premium Policy Premium Railcar 2500000 10.86 per 1000 of Revenue 1358 28508 Repair Cleaning up to 2500000 N GL 1001 0701 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company MINIMUM PREMIUM 27150 DEPOSIT PREMIUM 27150 This policy is issued by a surplus lines insurer. In the event of insolvency of the insurer this insurance is not Covered by the Guaranty Fund or Guarantee Association. In consideration of the payment of premium and in reliance upon statements made in the application this policy including all endorsements issucd herewith shall constitute the contract between Company and the Named Insured. This policy is valid only if signed below by a duly authorized representative of the company. This policy including all endorsements issued herewith is hereby countersigned by HAmes r o PRESIDENT VICE PRESIDENT and SECRETARY Matthew P. Dolan Mark C. Touhey June 242020 Date Qm PRESIDENT VICEP Matthew P. Dolan I GL 1001 0701 | 2 |
Liberty N. S Mutual. RONSHORE Railroad General Liability INSURANCE Alibety Mutual Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company 175 Berkeley Street Boston Toll Free number 1 800 6 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carcfully 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 I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a Wie 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 applics. We will have the right and duty to defend the insured against any suit sccking those damages. However we will have no duty to defend the insured against any suit secking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section 111 Limits Of Insurance and 2 Our rightand duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments o settlements under Coverages A or B or medical expenses under Coverage C. No other obligation o 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 applics 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 petiod and 3 Prior to the policy period no insured listed under Paragraph 1. of Section 11 Who Is An Insured and no cmployee authorized by you to give or receive notice of an occutrence or claim knew that the bodily injury or property damage had occurred in whole or in part. I such a listed insured or authorized employec knew prior to the policy period that the bodily injury or property damage occurred then any continuation change of resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. CG 00010413 Insurance Services Office Inc. | 0 |
Libe AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 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 11 Who Is An Insured or any employce authorized by you to give or reccive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the carliest time when any insured listed under Paragraph 1. of Section 1 T Who Is An Insured or any employee authorized by you to give or reccive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand of claim for damages because of the bodily injury or property damage or 3 Becomes awate by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion doces not apply to bodily injury resulting from the usc of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply o liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the exceution 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 par assumed in the same for or for the cost of that party s defense has also been 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 applics are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of e CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or distribution or use of 3 Any satute ordinance or regulation relating to the sale gift alcoholic beverages. This exclusion applics even if the claims against any insured allege negligence or other wrongdoing in x The supervision hiting employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect o any person that may be under the influence of alcohol if the occurrence which caused the bodily injury o property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you arc 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 fec is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of Employment by the insured or b Performing dutics related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that Paragraph 1 above. employee as a consequence of This exclusion applics whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someonc clse who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal scepage migration release or escape of pollutants At or from any premises site or location which is or was at any time owned or occupicd by or rented or loaned to any insured. However this subparagraph docs not apply to CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from cquipment that is used to heat cool or dehumidify the building or cquipment 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 arc 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 sit or location is not and never was owned or occupicd by or rented or loaned to any insured other than that additional insured or i Bodily inju a hostile fire or property damage arising out of heat smoke o fumes from At or from any premises sitc 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 Anyinsured or ii Any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises sitc or location in connection with such operations by such insured contractor or subcontractor. However this subpatagraph does not apply to Bodily injury or property damage arising out of the escape of fucls lubricants or other operating fluids which are needed to perform the normal clectrical hydraulic or mechanical functions necessary for the operation of mobile cquipment or its parts if such fucls lubricants or other operating fluids escape from a vehicle part designed to hold store or reccive 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 fucls lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company h. operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize o in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the cffects 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. Aircraft Auto Or Watercraft Bodil 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. injury This exclusion applics even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring cmployment 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 loancd to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises 2 A watercraft you do not own that is 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 loancd to you of the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily inju or property damage arising out of The operation of machinery or cquipment that is attached to or part of a land vehicle that would qualify under the definition of mobile cquipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery o cquipment listed in Paragraph.2 or 3 of the definition of mobile cquipment. Mobile Equipment Bodily inju or property damage arising out of CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 1 The transportation of mobile equipment by an auto owned or operated by or rented or loancd to any insured or 2 The use of mobile cquipment 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 dircctly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering o defending against an actual or expected attack by any government sovercign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 cntity for repair replacement cnhancement 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 scll give away or abandon if the property damage arises out of any part of those premiscs 3 Property loancd to you 4 Personal property in the care custody or control of the insured 5 Tha particular part of real property on which you or any contractors or subcontractors working dircctly or indircctly on your behalf are performing operations if the property damage arises out of those operations or 6 Tha particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by firc o premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applics to Damage To Premises Rented To You as described in Section 11 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. k. Damage To Your Product Property damage o your product arising out of it or any part of it. o CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company L Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 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 usc withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inabil ity to manipulate clectronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion clectronic 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 arc used with clectronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising dircctly or indirectly out of any action or omission that violates o is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law B CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 1 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresscs prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material o 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 applics to this coverage as described in Section I Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Insuring Agreement a Wie will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applics. We will have the right and duty to defend the insured against any suit secking those damages. However we will have no duty to defend the insured against any suit secking 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 111 Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments o settlements under Coverages A or B or medical expenses under Coverage C. No other obligation o 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 applics 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. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the dircction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. o CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany 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 impliecd contract to use another s advertising idea in your advertisement Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. 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 i 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposcs of this exclusion the placing of frames borders or links or advertising for you ot others anywhere on the Internet is not by itsclf considered the business of advertising broadcasting publishing or telecastiny Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an clectronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product CG 00010413 Insurance Services Office Inc. | 1 |
Libe N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company Personal and advertising injury arising out of the unauthorized use of another s name or product in your mail address domain name or metatag o any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatencd discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense atising 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 cffects 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 cffects of pollutants. o. War Personal and advertising injury however caused atising directly or indircctly 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 sovercign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising dircctly or indircctly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state o local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresscs prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material o information COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a Wie 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 of rent or CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany 3 Because of your operations provided that The accident takes place in the coverage territory and duting the policy periods b The expenses arc incurred and reported to us within one year of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably requite. 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 funcral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured o a tenant of any insured. Injury On Normally Occupicd Premises To a person injured on that part of premises you own or rent that the person normally occupics. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury arc 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. o CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual IRONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 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 applics. 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 carnings 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. 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. 2. 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 b. The suit against the indemnitee secks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applics to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemaitee 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 indemnitec and The indemnitee 1 Agrees in writing to Cooperate with us in the investigation scttlement o defense of the suit b Immediately send us copics of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available o 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. CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company b Conduct and control the defense of the indemnitee in such suit So longas 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 Scction I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or scttlements or the conditions set forth above or the terms of the agreement described in Paragraph. above are no longer met. SECTION II WHO IS AN INSURED 1. If you are designated in the Declarations as a An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses arc also insureds but only with respect to the conduct of your business. c Alimited 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 dutics as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your exccutive officers and directors arc 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 dutics as trustees. Each of the following is also an insured Your volunteer workers only while performing duties related to the conduct of your business or your cmployees other than cither your exccutive officers if you arc 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 dutics 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 To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing dutics related o the conduct of your business or to your other volunteer workers while performing dutics 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 abovi CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company b. For which there is any obligation to share damages with or repay someone clse 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 x Owned occupiced 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 employces volunteer workers any partner or member if you arc a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you dic but only 1 With respect to liability arising out of the maintenance or s of that property and 2 Unil your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 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 b. 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 carlicr Coverage A docs not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and adverdising 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 III LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a b. c Insureds Claims made ot suits brought or Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a Medical expenses under Coverage C CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 6. 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. 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 one person or organization. Subject to Paragraph 2. or 3. above whichever applics 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. 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 cach consceutive 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 ot relieve us of our obligations under this Coverage Patt. Duties In The Event Of Occurrence Offense Claim Or Suit a You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a chaim 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 s as soon as practicable. nan nan nan nan 6.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers reccived 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 suc us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may suc 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 arc 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. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over 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 Firc insurance for premises rented to you or temporarily occupicd by you with permission of the owner iil 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 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 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 1 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 insurcd 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 the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach cach 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 cach insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurts. Premium Audit a b. Wi 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 cach audit period we will compute the carned 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 duc date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the carned premium we will return the excess to the first Named Insured. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a b. c The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and Wie have issued this policy in reliance upon your representations. CG 00010413 Insurance Services Office Inc. | 1 |
Railroad General Liability ibe KN Mutual. RONSHORE SURANCE AlLiberty Mutual Company 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a As if cach Named Insured were the only Named Insured and b. Separately to cach insured against whom chaim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights arc transferred to us. The insured must do nothing after loss to impait them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supportets. For the purposes of this definition a Notices that are published include material placed on the Internet or on similar clectronic 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 o supporters is considered an advertisement. Auto means a A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law o other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodil injury means bodily injury sickness or discase sustained by a person including death resulting from any of these at any time. Coverage territory means a The United States of America including its territories and possessions Pucrto Rico and Canada b. International waters o aitspace 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 Patagraph a. above 2 The activitics of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your busines s or CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 6. 3 Personal and advertising injury offenses that take place through the Internet or similar clectronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above of in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Exccutive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract mean a A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifics any person or organization for damage by fite to premises while rented to you ot temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c Any casement or license agreement except in conncction 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 clevator maintenance agreement That part of any other contract of agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph. docs not include that part of any contract or agreement 1 That indemnifics a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 fect of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifics an architect engineer o surveyor for injury or damage arising out of x Prepating approving or failing to prepare or approve maps shop drawings opinions reports surveys ficld orders change orders or drawings and specifications or nan nan nan nan 6.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual IRONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 10. 11. 12. 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 engincer 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 engincering activitics. 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 remporary worker. Loading or unloading means the handling of property a b. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile cquipment means any of the following types of land vehicles including any attached machinery or cquipment a b. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on of next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether sclf propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permancntly attached cquipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 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 Snow removal nan nan nan nan 10.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual IRONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 14. 16. b Road maintenance but not construction or resurfacing or 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 cquipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Oceurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury one or more of the following offense arising out of a False arest detention or imprisonment b. Malicious prosccution c The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premiscs that a person occupics committed by or on behalf of its owner landlord o lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or e Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gascous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclimed. Products completed operations hazard a Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the carliest of the following times x 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 sitc. When that part of the work done ata job site has been put to its intended use by any person o organization other than another contractor or subcontractor working on the same project. nan nan nan nan 16.0 CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 17. 18. 19. 20. 21. Wotk that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject o the General Aggregate Limi 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 if or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance clectronic data is not tangible property. As used in this definition clectronic 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 arc used with clectronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applics are alleged. Suit includes a An arbitration proceeding in which such damages are claimed and to which the insured must submit o does submit with our consent or b. Any other alernative dispute resolution proceeding in which such damages are chimed and to which the insured submits with our consent. Temporary worker means a person who s furnished to you to substitute for a permanent employee on leave or to meet scasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fec salary or other compensation by you or anyone clse for their work performed for you. Your product Means 1 Any goods or produc or disposed of by You other than real property manufactured sold handled distributed b Others trading under your name or A person or organization whose business or assets you have acquired and nan nan nan nan 19.0 nan nan nan 20.0 nan nan nan nan 21.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 2 Conainers other than vehicles materials patts or cquipment furnished in connection with such goods or products. b. Includes 1 Warrantics or representations made at any time with respect to the fitness quality durability performance o use of your product and 2 The providing of or failure to provide warnings o instructions. c Does not include vending machines o other property rented to o located for the use of others but not sold. 2. Yourwork a Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or cquipment furnished in connection with such work or operations. b. Includes 1 Warrantics o 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 o instructions. In witness whereof the company has caused this policy to be signed by its President and its Secretary at Boston Massachusetts and countersigned by a duly authorized representative of the company HAmes r o PRESIDENT VICE PRESIDENT and SECRETARY Matthew P. Dolan Mark C. Touhey nan nan nan nan 22.0 CG 00010413 Insurance Services Office Inc. | 1 |
Railroad General Liability Liberty N al. RONSHORE INSURANCE AlLiberty Mutual Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock In 175 Berkel Toll Free number 1 800 677 9163 nce Company hereinafter the Company DECLARATION EXTENSION SCHEDULE Schedule of forms and endorsements attached at issuance date Endorsement No. NSNS Form Name Declarations Commercial General Liability Coverage Form Occurrence Cancellation Non Renewal Endorsement Oklahoma Service of Suit Clause Oklahoma Additional Insured Designated Person or Organization Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You Amendment Duties in the Event of an Occurrence Claim or Suit Common Policy Conditions Contractual Liability Railroads Deductible Liability Insurance Designated Construction Projects General Aggregate Limit Exclusion Asbestos Exclusion Contractors Professional Liability Exclusion Cross Suits Exclusion Employment Relared Practices Exclusion Fungi or Bacteria Exclusion Intellectual Property Rights Exclusion Joint Ventures Exclusion Known Injury or Loss Exclusion Lead Liability Exclusion Nuclear Energy Liability Named Insured Notice of Cancellation to Third Partics Premium Computation Minimum And Deposit Premium Minimum Earned Premium Form Number GL 1001 07 01 CG 00010413 LSI CNOO1 OK Ed. 10 14 SC2 0818 G 202604 13 G 20330413 CGL 1317 1007 CGL 1008 0103 CG 24171001 CG 03 000196 CG 25030509 CGL 1102 0103 CG 22790413 CGL 1105A 1004 CG 21471207 CG 21671204 CGL 1114 0103 CGL 1115 0103 CGL 1117 0103 CGL 1119 0103 CGL 1123 0103 CGL 1030 0203 CGL 1385 1210 CGL 1016 0506 ISR GL 5000 | 2 |
Railroad General Liability Liberty N al. RONSHORE INSURANCE AlLiberty Mutual Company Silica Or Silica Related Dust Exclusion Special Conditions for Subcontractors Endorsement Total Pollution Exclusion Endorsement Unintentional Errors and Omissions Waiver of Transfer of Rights of Recovery Against Others to Us War Liability Exclusion Stop Gap Employers Liability Coverage Broad Form Named Insured FEndorsement Bodily Injury Redefined Disclosure Terrorism Risk Insurance Act Cap on Losses from Certified Acts of Terrorism Sanction Limitation and Exclusion Clause CG 2196 03 05 CGL 1024 0506a CG 214909 99 CGL 1302 0107 CG 24 04 0509 CG 00621202 CGL 1203 1209 CGL 1386 0211 CGL 1325 1207 TRIA N004 0315 TRIA E002 0315 SL OFAC0419 1N GL 5000 | 2 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 1 Effective Date Policy Number Issued To June 20 2020 GLHV452159 7 Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NON RENEWAL ENDORSEMENT OKLAHOMA Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms are defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their cntirety and replaced with the following CANCELLATION AND NON RENEWAL A CANCELLATION 1. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the cffective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be cffective. 2. Cancellation by the Insurer Afier this Policy has been in cffect more than forty five 45 business days it may only be canceled for onc of the following reasons a b. Nonpayment of premium Discovery of fraud or material misrepresentation in the procurement of the insurance or with respect to any claims submitted thereunder Discovery of willful or reckless acts or omissions on the part of the Named Insureds which increase any hazard insured against The occurrence of a change in the risk which substantially increases any hazard insured against afer insurance coverage has been issued o rencwed A violation of any local fire health or safety building or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against A determination by the Commissioner that the continuation of the Policy would place the insurer in violation of the Oklahoma insurance laws Conviction of the insured of a crime having as onc of its necessary clements an act increasing any hazard insured against o Loss of or substantial changes in applicable reinsurance. N LSI CNOOT OK Ed. 10 14 | 2 |
Railroad General Liability ibe KN Mutual. RONSHORE INSURANCE AlLiberty Mutual Company 3. The Insurer will mail notice of cancellation at least ten 10 days prior to the effective date of such cancellation. B. NON RENEWAL 1. The Insurer has the right to non rencw this policy effective on any policy anniversary date. All written notices of non renewal must be mailed to the Named Insured at the last address known to the Insurer at least forty five 45 days prior to the expiration date and shall provide a specific explanation of the reasons for non rencwal. If notice is given by mail said notice shall be deemed to have been given on the day that said notice is mailed. If notice is mailed less than forty five 45 days before expiration of the Policy coverage shall remain in cffect until forty five 45 days after the notice is mailed. Farned premium for any period of coverage that extends beyond the expiration date shall be considered pro rata based on the previous year s rate. The transfer of a policyholder between Insurers within the same insurance group is not a refusal to renew. In addition changing deductibles changes in premium. changes in the amount of insurance or reductions in policy limits or coverage are not refusals to rencw. Notice of nonrenewal shall not be required if the Insurer within the same insurance group has offered to issuc a renewal policy or if the Named Insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage. If the Insurer provides the notice required by this subscction and thereafter the Insurer extends the policy for ninety 90 days or less an additional notice of nontencwal is not required with respect to the extension C. CONDITIONAL RENEWAL 1. The Insurer shall give to the Named Insured at the last address known to the Insurer written notice of premium increase change in deductible reduction in limits or coverage at least forty five 45 days prior to the expiration date of the policy. If the Insurer fails to provide such notice the premium deductible limits and coverage provided to the Named Insured prior to the change shall remain in cffect until notice is given or until the cffective date of replacement coverage obtained by the Named Insured whichever first occurs. If notice is given by mail said notice shall be deemed to have been given on the day said notice is mailed. If the Named Insured clects not to renew any carned premium for the period of extension of the terminated policy shall be calculated pro rata at the lower of the current or previous year s rate. If the Named Insured accepts the renewal the premium increase if any and other changes shall be cffective the day following the prior policy s expiration or anniversary date. Proof of mailing of notice of cancellation or of nontenewal or of premium or coverage changes to the Named Insured at the address shown in the policy shall be sufficient proof of notice. This subscction shall not apply to a Changes in a tate or plan filed with or approved by the Insurance Commissioner or filed pursuant to the property and Casualty Competitive Loss Cost Rating Act and applicable to an entire class of business or b. Changes based upon the altered nature of extent of the risk insured or c Changes in policy forms filed with or approved by the Insurance Commissioner and applicable to an entire class of busines All other terms and conditions of the Policy remain unchanged. N LSI CNOOT OK Ed. 10 14 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 2 Effective Date June 20 2020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CLAUSE OKLAHOMA This endorsement modifies insurance provided under the following ALL COVERAGE PARTS IN THIS POLICY The Liberty Surplus Insurance Corporation hereby appoints the Corporation Service Company 10300 Greenbriar Place OKlahoma City OK 73159 7653 as the agent of Liberty Surplus Insurance Corporation in and for the aforesaid State upon whom all lawful process may be served in any action suit or proceeding instituted in the State of Oklahoma against the Liberty Surplus Insurance Corporation arising out of the insurance policy to which this provision is attached. A copy of any process suit complaint or summons may be made upon the Office of the General Counsel North America Specialty Liberty Mutual Insurance C O Liberty Surplus Insurance Corporation 175 Berkeley Street Boston MA 02116. I SC2 0818 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 3 Effective Date June 20 2020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy Any other person or organization you are requited to add as an additional insured under the contract or agreement described in the paragraph above. Information required to complete d hedule if not shown above will be shown in the Declarations. A Scction 1 T Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions o the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applics to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 111 Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or I CG 20260413 Insurance Services Office Inc | 2 |
Liberty N. N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. I CG 20260413 Insurance Services Office Inc | 2 |
Liberty N. I Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 4 Effective Date June 20 2020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Scction 11 Who Is An Insured is amended to include as an additional insured any person or organization for whom you ate performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured. However the insurance afforded to such additional insurcd 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engincering or surveying services includin a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys ficld orders change orders or drawings and specifications or b. Supervisory inspection architectural or engincering activitics. This exclusion applics even if the claims against any insured allege negligence or other wrongdoing in the supervision hiting employment training or monitoring of others by that insured if the occurrence which I CG 20330413 Insurance Services Office Inc. Insurance Services Office Inc. | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engincering o surveying services. 2. Bodily injury or property damage occurring after a All work including materials parts or cquipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds the following is added to Section III Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement you have entered into with the additional insured or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. I CG 20330413 Insurance Services Office Inc. | 2 |
Liberty N. N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 5 Effective Date June 202020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT DUTIES IN THE EVENT OF AN OCCURRENCE CLAIM OR SUIT In addition to your obligations under Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 2 Duties In The Event of Occurrence Offense Claim or Suit the following is added e Written notice of an occurrence or an offense which may result in a claim must be sent to Liberty Surplus Insurance Corporation Attn Casualty Claims 28 Liberty Street 5 Floor New York NY 10005 CasualtyClaimsironshore.com This endorsement does not change any other provision of the policy. N CGL 1317 1007 | 2 |
Liberty N. I Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 6 Effective Date June 20 2020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. B. 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 issucd by us and made a part of this policy. C. 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. D. Inspections and Surveys N CGL 1008 0103 1. We have the right to | 2 |
ibe KN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 2. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections sutveys repotts or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition docs not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statute ordinances or regulations of boilers pressure vessls or clevators. 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. Transfer of Your Rights And dutics 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 dutics as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. I CGL 1008 0103 | 2 |
Liberty N. I Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 7 Effective Date June 202020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site Per written contract Alls Jobs If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable o this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions section 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 premises that indemnifics 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 casement o license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e An clevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph. does not include that part of any contract or agreement That indemnifies an architect engincer or surveyor for injury or damage arising out of I CG 24171001 ISO Properties Inc. 2000 15O Propertics Inc. 2000 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company Prepating approving or failing to preparc or approve maps shop drawings opinions reports surveys ficld orders change orders or drawings and specifications or b Giving dircctions or instructions or failing to give them if that is the primary cause of the injury or damage Under which the insured if an architect engincer o surveyor assumes liability for an injury or damage arising out of the insurcd s rendering or failure to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engincering activitics. 15O Propertics Inc. 2000 | 2 |
leerty N. I Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 8 Effective Date June 202020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PERCLAIM or PER OCCURRENCE Bodily Injury Liability 5000 OR Property Damage Liability OR Bodily Injury Liability andor Property Damage Liability Combincd If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable o this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. I no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused A Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applics only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on cither a per claim or a per occurrence basis. Your selected deductible applics to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applics as follows a Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury Amount and Basis of Deductible PER CLAIMor PER OCCURRENCE 5000 N CG 03000196 Insurance Services Office Inc. 1994 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage or c Under Bodily Injury Liability and or Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to cach person making a claim for such damages. With respect to property damage person includes an organization. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage o all damages because of property damage or c Under Bodily Injury Liability and or Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits secking those damages and 2. Your dutics in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. D. We may pay any part or all of the deductible amount to cffect 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 has been paid by us. I CG 03000196 Insurance Services Office Inc. 1994 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 9 Effective Date June 202020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects On File with the Company Information required to complete this Schedule if not shown above will be shown in the Declarations. A For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Scction I Coverage A and for all medical expenses caused by accidents under Section I Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applics to cach designated construction project and that limit is cqual to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a Insureds b. Claims made ot suits brought or c Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Ageregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. N CG 25030509 18O Propertics Inc. | 2 |
Liberty N. S Mutual. RONSHORE Railroad General Liability INSURANCE Alibety Mutual Company 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Scction I Coverage A and for all medical expenses caused by accidents under Section I Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted o if the authorized contracting partics deviate from plans blucprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section I11 Limits Of Insurance not otherwise modified by this endorsement shall continuc to apply as stipulated. 1N CG 25030509 18O Propertics Inc. | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 10 Effective Date June 20 2020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This policy does not apply to bodily injury property damage or personal and advertising injury arising out of or related in any way cither dircctly or indirectly to 1. asbestos asbestos products asbestos containing materials or products asbestos fibers or asbestos dust including but not limited to manufacture mining use sale installation removal o distribution activitics 2. exposure to testing for monitoring of cleaning up removing containing or treating of asbestos asbestos products asbestos containing materials or products asbestos fibers or asbestos dust or 3. any obligation to investigate scttle or defend o indemnify any person against any claim or suit arising out of or related in any way cither dircctly or indirectly to asbestos products asbestos containing materials or products asbestos fibers or asbestos dust. This endorsement does not change any other provision of the policy. I CGL 1102 0103 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 11 Effective Date June 20 2020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Scction I Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to cither or both of the following operations a Providing engincering architectural or surveying services to others in your capacity as an engincer architect or surveyor and b. Providing or hiring independent professionals to provide engincering architectural or surveying services in connection with construction work you perform. This exclusion applics even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring cmployment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of o failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragtaph 3. below professional services include a Preparing approving or failing to preparc o approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engincering activitics. 3. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. I CG 22790413 Insurance Services Office Inc. | 2 |
Liberty 7N. Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 12 Effective Date June 202020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CROSS SUITS Itis hereby agreed that this insurance does not apply to Any claim or suit by or from any Named Insured covered under this policy against any other Named Insured covered under this policy. This endorsement does not change any other provision of the policy. I CGL 1105A 1004 | 2 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 13 Effective Date June 20 2020 Policy Number GLHV452159 7 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Al The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to A person arising out of any Refusal to employ that person Termination of that person s employment or Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution dirccted at that person or The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Patagraphs b or above is directed. This exclusion applics Whether the injury causing event described in Paragraphs 1 b or above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and To any obligation to share damages with or repay someone clse who must pay damages because of the injury. The following exclusion is added to Paragraph 2Exclusions of Section I Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to N CG 21471207 18O Propertics Inc. | 2 |
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