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POLICYHOLDER NOTICES | 2 |
POLICYHOLDER NOTICES | 2 |
IMPORTANT NOTICE INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers please visit www.travelers.com call our toll free telephone number 1 866 904 8348 or request a written copy from Marketing at One Tower Square 2GSA Hartford CT 06183. PN T4 54 01 08 Page 1 of 1 | 2 |
IMPORTANT NOTICE CONTACT INFORMATION MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. Questions regarding your policy or coverage should be directed to your agent or us at Travelers One Tower Square Hartford CT 06183 800 328 2189 Travelers.com PN T20405 10 Page 1 of 1 | 2 |
IMPORTANT NOTICE SCHEDULE RATING MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. If you have any questions regarding any schedule rating changes please contact us or your agent as listed else where in the policy. PN T04305 10 Page 1 of 1 | 2 |
Date 06262015 Policy Number 507 64 66 ALAN GORDON 0022 0022 314 889 7810 NURHIDAYU KAMIS Underwriter Name Underwriter Region Underwriter Branch Underwriter Telephone Operator Name Operator Telephone Issuing Division Policy Effective Date Transaction Type Set Copy Name 0021 06012015 REN ELECTRONIC COPY EPS TRACKING1D UUF95253100306262015 POLICY NUMBER 035076466 TABLE EFFECTIVE DATE 05082015 TABLE WRITTEN DATE 05082015 DocuCorp International eUPS | 2 |
ALAN GORDON CHICAGO 500 W. Madison Street Suite 3000 Chicago ILLINOIS 60661 Re THE NUTRASWEET COMPANY PRODUCER IS 0036877 LOCKTON COMPANIES LLC b4k W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 507 64 66 PRODUCER COV LTR | 2 |
AIG Insurance 877 To Serve 867 3783 Email toserveAIG.com 06262015 MICHAEL OSTERHAUS LOCKTON COMPANIES LLC 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 Re INSURED NAME THE NUTRASWEET COMPANY Policy No. GL 507 64 66 Effective Date 06012015 Dear MICHAEL OSTERHAUS Enclosed please find the following document New Policy Thank you for your binder. Enclosed please find the original and broker copies of the policy issued to the above named insured. Renewal Thank you for your renewal binder. Enclosed please find the original and broker copies of the policy issued to the above named insured. Endorsements No. and Type of Change Enclosed please find the original and one copy of the change endorsements as requested. The enclosed documents provide a complete and accurate representation of the coverages agreed to under the terms and conditions set out in the binder or change request document. Upon your review please contact your underwriter promptly with any questions or concerns. We appreciate your business and strive to makeyour satisfaction our 1 priority. | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 413 | 2 |
Renewal of No. E076 Policy No. 507 64 66 al of No. 5076466 No. o0 507 64 66 CG DS 011 Coverage is provided by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA a capital stock company 175 Water Street New York NY 10038 212 458 5000 COMMERCIAL GENERAL LIABILITY DECLARATIONS CG DS 011001 NAMED INSURED MAILING ADDRESS THE NUTRASNEET COMPANY 1762 LOVERS LI AUGUSTA GA 30901 1869 PRODUCER S NAME MAILING ADDRESS LOCKTON COMPANIES LLC 4hk W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 POLICY PERIOD From 06012015 to 06012016 at 1201 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS X CORPORATION PARTNERSHIP LIMITED LIABILITY COMPANY I INDIVIDUAL I OTHER BUSINESS DESCRIPTION INDUSTRIAL ORGANIC LOCATION OF ALL PREMISES YOU OWN RENT OR OCCUPY SEE SCHEDULE 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. POLICY PREMIUM 7817 PREMIUM SHOWN IS PAYABLE 7817 at inception. This policy is subject to annual audit Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act 2007 SCHEDULE OF STATE TAXES FEES AND SURCHARGES IF APPLICABLE State Taxes Fees and Surcharges shown are in addition to the above referenced Policy Premium. ENDORSEMENTS ATTACHED TO THIS POLICY SEE ATTACHED FORMS SCHEDULE THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS IF APPLICABLE TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. Date Issued 06262015 93837 1206 CGDS011001 Includes copyrighted material of Insurance Services Office Inc. with its permission ISO Properties Inc. 2000 Page1 of 2 | 2 |
LIMITS OF INSURANCE EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT PERSONAL ADVERTISING INJURY LIMIT GENERAL AGGREGATE LIMIT PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 200000 15000 2000000 4000000 4000000 Any one premise Any one person Any one person or organization RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVER TISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES. CLASSIFICATION AND PREMIUM RATE ADVANCE PREMIUM CODE PREMIUM prem Prod comp Prem Prod comp CLASSIFICATION NO. BASE Ops. Ops Ope Ops LOC0001 ADDRESS SLOC 001 1762 LOVERS LN TERR 503 AUGUSTA GA 30901 1869 DAMAGE TO PREMISES RENTED TO YOU 44444 FLAT 50 INCREASED LIMITS FOOD PRODUCTS MFG. DRY 53374 5361293 S 0.3570 1914 FOOD PRODUCTS MFG. DRY 53374 5361293 S 1.0730 5753.00 EMPLOYEE BENEFITS 73444 25 T 1.0000 100 A AREA Total 7817 C TOTAL COST M DMISSIONS o OTAL OPERATING EXPENSES P AYROLL S GROSS SALES T OTHER U UNITS EACH OuU LIMIT 1001 1762 LOVERS LN 503 AUGUSTA GA 30901 1869 AMAGE TO PREMISES RENTED TO YOU ICREASED LIMITS DOD PRODUCTS MFG. DRY DOD PRODUCTS MFG. DRY VIPLOYEE BENEFITS 4444 5337 5337 7344 nan nan nan nan nan nan nan nan 5361293.0 nan nan nan 5361293.0 nan nan nan 25.0 AT 3570 50 1914 5753. 100 nan nan nan nan 0.0 93837 1206 CGDS011001 Includes copyrighted material of Insurance Services Office Inc. with its permission ISO Properties Inc. 2000 Page2 of 2 | 2 |
IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its President Secretary and Authorized Representative. ol s President NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA DR Secretary NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer. Hacun Sy Autfforized Representative SIGNUJ | 2 |
FORMS SCHEDULE EFFECTIVE DATE 08012015 NAMED INSURED THE NUTRASWEET COMPANY POLICY NO GL 507 64 66 CGO001 0413 CG2015 0413 CG2106 0514 CG2147 1207 CG2165 1204 CG2404 0509 IL0017 1198 IL0021 0908 1L0262 0215 61944 0295 62132 0395 64010 1195 51767 0402 58332 0807 61707 1294 61712 1206 61943 0901 62134 0395 62898 0712 64004 0712 67260 0397 67464 0901 71706 0998 73187 0903 74434 1099 82540 0712 89644 0613 95284 0807 119006 0115 COMM GENERAL LIABILITY COVERAGE FORM ADDITIONAL INSURED VENDORS EXCL ACC DISCL CONF PERS INFO W LIMTD BI EMPL. RELATED PRACTICES EXCL TOTAL POLL EXCL BLDG HEATING EQUIP EXCPT WAIVER OF TRANS RIGHTS OF RECOVERY COMMON POLICY CONDITIONS NUCLEAR ENERGY LIAB EXCL BROAD FORM GA CHANGES CANC NONRENEW BROAD FORM NAMED INSURED UNINTENTIONAL ERRORS AND OMISSIONS LENGTH OF WATERCRAFT ADJUSTMNT ENDT EMPLOYEE BENEFITS LIABILITY INS TOTAL LEAD EXCLUSION AMENDT OF DUTIES OCC OFFNSE CL SUIT ADDL INSRD WHERE REQD UNDER CONTRACT DEFENSE COSTS W IN POLICY LIMITS AMENDT ENDT WHEN WE DO NOT RENEW RADIOACTIVE MATTER EXCLUSION ERISA EXCLUSION BODILY INJURY DEFINITION EXTENSION BATCH CLAUSE ALIENATED PREMISES DEDUCTIBLE COVERAGE ENDT FORM A ADDL INSRD PRIMARY INSURANCE ASBESTOS AND SILICA EXCL ENDT ECONOMICS SANCTIONS ENDORSEMENT COVG FOR EMPL RELATING TO CO EMPL INJ GA TERRORISM EXCL CERTIFIED ACTS | 2 |
COMMERCIAL GENERAL LIABILITY CG P 01504 13 POLICY NUMBER GL 507 64 66 2012 GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 000104 13 AND CG 00 02 04 13 I. EXCLUSIONS A.BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 1. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Insurance Services Office Inc. 2012 CG P 01504 13 Page 10f 7 O | 2 |
1ll. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 000904 13 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 00 3304 13 AND CG 00 3304 13 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. CG 00 35 04 13 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. Insurance Services Office Inc. 2012 Page 2 of 7 CGP 01504 13 o | 2 |
PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 00 37 04 13 AND CG 00 38 04 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.I. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 00 39 04 13 POLLUTION LIABILITY COVERAGE FORM DESIGNATED SITES CG 00 40 04 13 POLLUTION LIABILITY LIMITED COVERAGE FORM DESIGNATED SITES I. EXCLUSIONS A.BROADENING OF COVERAGE Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES Exclusion Aircraft Auto Rolling Stock Or Watercraft is generally revised to reinforce that the exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. The exclusion is also revised to express that a land motor vehicle subject to compulsory or financial responsibility laws or other motor vehicle insurance laws will not be covered with respect to its over the road exposures. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.j. Aircraft Auto Rolling Stock Or Watercraft is revised to delete reference to in the state. CG 00 40 only 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. Insurance Services Office Inc. 2012 CG P 01504 13 Page 3 of 7 a | 2 |
CG 00 42 04 13 UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.i. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. CG 00 65 04 13 ELECTRONIC DATA LIABILITY COVERAGE FORM EXCLUSIONS OTHER CHANGES Exclusion 2.g. Infringement Of Intellectual Property Rights is revised to delete the exception pertaining to the use of another s advertising idea. MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parties whom the named insured is obligated in writing in a contract or agreement to name as an additional insured. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations. Liquor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced to provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. B. REDUCTIONS OF COVERAGE 1. 2. Additional Insured Users Of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises e CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part e CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part e CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part e CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part Page 4 of 7 Insurance Services Office Inc. 2012 CGP 01504 13 o | 2 |
3. Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement. 4. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. 2. Primary And Noncontributory Other Insurance Condition Endorsement CG 20 01 is introduced to revise the Other Insurance Condition to indicated that coverage is provided to an additional insured on a primary and noncontributory basis provided that certain requirements are met. 3. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less e CG 20 03 Additional Insured Concessionaires Trading Under Your Name e CG 20 05 Additional Insured Controlling Interest e CG 20 07 Additional Insured Engineers Architects Or Surveyors o CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization e CG 20 11 Additional Insured Managers Or Lessors Of Premises e CG 20 12 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations e CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises e CG 20 15 Additional Insured Vendors e CG 20 18 Additional Insured Mortgagee Assignee Or Receiver e CG 20 23 Additional Insured Executors Administrators Trustees Or Beneficiaries e CG 20 24 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased e CG 20 26 Additional Insured Designated Person Or Organization e CG 20 27 Additional Insured Co owner Of Insured Premises e CG 20 28 Additional Insured Lessor Of Leased Equipment e CG 20 29 Additional Insured Grantor Of Franchise e CG 20 30 Oil Or Gas Operations Nonoperating Working Interests e CG 20 31 Additional Insured Engineers Architects Or Surveyors CGP01504 13 Insurance Services Office Inc. 2012 Page 5 of Page 5 of 7 m | 2 |
Page 6 of 7 e CG 20 32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured e CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You e CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You e CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor e CG 20 36 Additional Insured Grantor Of Licenses e CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations e CG 29 35 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured e CG 21 16 Exclusion Designated Professional Services e CG 21 52 Exclusion Financial Services e CG 21 56 Exclusion Funeral Services e CG 21 57 Exclusion Counseling Services e CG 21 58 Exclusion Professional Veterinarian Services e CG 21 59 Exclusion Diagnostic Testing Laboratories e CG 22 24 Exclusion Inspection Appraisal And Survey Companies e CG 22 32 Exclusion Professional Services Blood Banks e CG 22 33 Exclusion Testing Or Consulting Errors And Omissions e CG 22 34 Exclusion Construction Management Errors And Omissions e CG 22 36 Exclusion Products And Professional Services Druggists e CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments e CG 22 39 Exclusion Camps Or Campgrounds e CG 22 43 Exclusion Engineers Architects Or Surveyors Professional Liability e CG 22 44 Exclusion Services Furnished By Health Care Providers e CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services e CG 22 48 Exclusion Insurance And Related Operations o CG 22 69 Druggists e CG 22 71 Colleges Or Schools Limited Form e CG 22 72 Colleges Or Schools e CG 22 75 Professional Liability Exclusion Computer Software e CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities e CG 22 77 Professional Liability Exclusion Computer Data Processing e CG 22 79 Exclusion Contractors Professional Liability e CG 22 80 Limited Exclusion Contractors Professional Liability e CG 22 87 Exclusion Adult Day Care Centers e CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services e G 2290 Professional Liability Exclusion Spas or Personal Enhancement Facilities Insurance Services Office Inc. 2012 CG P 01504 13 | 2 |
e CG 22 91 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions e CG 22 96 Limited Exclusion Personal And Advertising Injury Lawyers e CG 22 98 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions e CG 22 99 Professional Liability Exclusion Web Site Designers e CG 23 01 Exclusion Real Estate Agents Or Brokers Errors Or Omissions e CG 31 15 Construction Project Management Protective Liability Coverage 5. Exclusion Volunteer Workers Endorsement CG 21 66 is revised to delete reference to in the state from Exclusion 2.g. Aircraft Auto Or Watercraft. 6. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. 7. Pesticide Or Herbicide Applicator Coverage Endorsements CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Herbicide Applicator Limited Pollution Coverage endorsements and Lawn Care Services Limited Pollution Coverage. 8. Real Estate Property Managed Endorsement CG 22 70 is revised to reinforce that the insurance provided is excess over any other insurance available whether such insurance is primary or excess. 9. Colleges Or Schools Endorsements CG 22 71 and CG 22 72 are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. 10. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Part and the Railroad Protective Liability Coverage Part. 11. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of the tort liability is permitted by law. 12. Designated Locationss Aggregate Limit Endorsement CG 25 14 is introduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. 13. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. 14. Principals Protective Liability Coverage Endorsement CG 28 07 is revised to delete reference to in the state from Exclusion2.c.1ei. 15. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol e CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part e CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part e CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part e CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part CGP01504 13 Insurance Services Office Inc. 2012 Page 7 of 7 | 2 |
POLICY NUMBER GL 507 64 66 COMMERCIAL GENERAL LIABILITY CGP 016 05 14 GENERAL LIABILITY ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSIONS ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy. Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage.. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy. Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data.. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. Page1of2 O Insurance Services Office Inc. 2013 CGP016 05 14 | 2 |
CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 04 37 Electronic Data Liability For Use With The Commercial General Lia ity Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy e Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. e Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners And Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Part When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liabi and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. CG 33 63 Exclusion Access Disclosure Or Unauthorized Use Of Electronic Data For Use With The Electronic Data Liability Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However to the extent that damages arising out of theft or unauthorized viewing copying use corruption manipulation or deletion of electronic data by any Named Insured past or present employee temporary worker or volunteer worker of the Named Insured may extend beyond loss of electronic data arising out of such theft or the other listed items this revision may be considered a reduction in coverage. Insurance Services Office Inc. 2013 Page 2 of 2 CGP0160514 O | 2 |
POLICY NUMBER GL 507 64 66 POLICY NUMBER GL 507 64 66 COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Decla rations and any other person or organization quali fying 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 organi zation qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes c. place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or pro perty damage occurred then any conti nuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period.. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur.. Damages because of bodily injury include damages claimed by any person Insurance Services Office Inc. 2012 Page 1 of 16 m CG 00010413 | 0 |
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 ex pected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay dama ges by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide trans portation with respect to any person that may be under the influence of al cohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distri buting selling serving or furnishing al coholic beverages. For the purposes of this exclusion permitting a person to bring al coholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the con duct of the insured s business or 2 The spouse child parent brother or sister of that employee as a con sequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Insurance Services Office Inc. 2012 CG00010413 O Page 2 of 16 | 1 |
contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connec tion with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily of fuels lubricants or other opera ting fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage a rises out of the intentional dis charge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 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 subcont ractor or iiiBodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way res pond to or assess the effects of pollutants. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an addi tional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally respon sible or d At or from any premises site or location on which any insured or any Insurance Services Office Inc. 2012 Page 3 of 16 m CG 00010413 | 1 |
Page 4 of 16 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat de toxify or neutralize or in any way res pond 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 asses sing the effects of pollutants. However this paragraph does not apply to liability for damages because of pro perty damage that the insured would have in the absence of such request de mand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership main tenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent pro vided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury sing out of a The opera equipment t of a land under the d ment if it v pulsory or 1 or other mc where it is raged or b The operatic or equipmer or f.3 of equipment. h. Mobile Equipment Bodily injury or out of 1 The transportat by an auto rented or loane 2 The use of I while in practic pared for any demolition or s i. War Bodily injury or ever caused aris out of 1 War including 2 Warlike action cluding action against an actt any governmer thority using n agents or 3 Insurrection re ped power or mental authorit against any of j. Damage To Proper Property damage 1 Property you including any c by you or any or entity for hancement res such property prevention of mage to anothe 2 Premises you s if the propert any part of tho 3 Property loanec Insurance Services Office Inc. 2012 5 Bodily injury or property damage ari sing out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equip ment if it were not subject to a com pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga raged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage how ever caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnel or other agents or 3 Insurrection rebellion revolution usur ped power or action taken by govern mental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement en hancement restoration or maintenance of such property for any reason including prevention of injury to a person or da mage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you CG00010413 O | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcont ractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Sectionlll Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the da maged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically in jured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2A delay or failure by you or anyone acting on your behalf to perform a cont ract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is with drawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily in jury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including sys tems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Di ution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 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 Insurance Services Office Inc. 2012 Page 5 of 16 m CG 00010413 | 1 |
3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collec ting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts. Contractual Lial Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. y Personal and advertising injury for which the insured has assumed liability in a cont ract or agreement. This exclusion does not apply to liability for damages that the in sured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality 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 Trade mark 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. Insurance Services Office Inc. 2012 CG00010413 O Page 6 of 16 | 1 |
However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants at any time.. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutra lize or in any way respond to or assess the effects of pollutants or 2Claim or suit by or on behalf of a governmental authority for damages be. Recording And Di cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usur ped power or action taken by govern mental authority in hindering or defending against any of these. ution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to vio late 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 3The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collec ting recording sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 1 On premises you own or rent Insurance Services Office Inc. 2012 Page 7 of 16 m CG 00010413 | 1 |
2On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cove rage territory and during the policy period b The expenses are incurred and re ported to us within one year of the date of the accident and c The injured person submits to exa mination at our expense by physi cians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on be half of any insured or a tenant of any in sured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activiti To a person injured while practicing ins tructing or participating in any physical exercises or games sports or athletic con tests. es f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys ex penses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that in demnitee if all of the following conditions are met Insurance Services Office Inc. 2012 CG00010413 O Page 8 of 16 | 1 |
damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are in sureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stock holders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while per forming duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are in sureds for a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occur rence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investi gation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the in demnitee and d Cooperate with us with respect to coordinating other applicable insu rance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by wus and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be Insurance Services Office Inc. 2012 Page 9 of 16 m CG 00010413 | 1 |
1 Bodily injury or personal and adver tising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your busi ness b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. How ever a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability com pany that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Decla rations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages wunder Coverage A except damages because of bodily injury or pro perty damage included in the pro ducts completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the pro ducts completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and ad vertising injury sustained by any one person or organization. o iding or health tody or physical ny pur s m T T Insurance Services Office Inc. 2012 CG00010413 O Page 10 of 16 | 1 |
5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occu pied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense a gainst the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an in sured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is avai lable 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 Para graph b. below applies. If this insurance is ses of determining the Limits of OMMERCIAL GENERAL LIABILITY r insolvency of the insured or of estate will not relieve us of our der this Coverage Part. e Event Of Occurrence Offense see to it that we are notified as acticable of an occurrence or an hich may result in a claim. To the sible notice should include vhen and where the occurrence 1se took place mes and addresses of any injured s and witheccaa and o o e Insurance Services Office Inc. 2012 Page 110f 16 O CG 00010413 | 1 |
primary our obligations are not affected un less 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.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or tempo rarily occupied by you with per mission of the owner or ivIf the loss arises out of the main tenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or opera tions or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance pro vision 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 contri bution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contri bute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit We will compute all premiums for this Coverage Part in accordance with our rules and rates.. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree b. The statements in the Declarations are accu rate and complete Those statements are based presentations you made to us and upon re. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in Insurance Services Office Inc. 2012 CG00010413 O Page 12 of 16 | 1 |
this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named In sured 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 suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broad cast or published to the general public or speci fic market segments about your goods pro ducts or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar elec tronic 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 custo mers or supporters is considered an adver tisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communi cation provided the insured s responsibility to pay damages is determined in a suit on the me rits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes un controllable or breaks out from where it was in tended to be.. Impaired property means tangible property that other than your product or your worl can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defec tive deficient inadequate or dangerous or b. You have failed to fulfill the terms of a cont ract 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 means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or sured were the only sured against whom is brought. covery Against Others o recover all or part of e made under this hts are transferred to nothing after loss to uest the insured will hose rights to us and w this Coverage Part o the first Named In arations written notice s than 30 days before f mailing will be suffi notice that is broad eneral public or speci Insurance Services Office Inc. 2012 Page 130f 16 O CG 00010413 | 1 |
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. A sidetrack agreement Any easement or license agreement except in connection with construction or demo lition operations on or within 50 feet of a railroad. An obligation as required by ordinance to indemnify a municipality except in connec tion with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connec tion 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 ab sence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel under pass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory ins pection architectural or engineering acti vities. 10. Leased worker means a person leased to you 1 by a labor leasing firm under an agreement between you and the labor leasing firm to per form duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mecha nical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for pur poses other than the transportation of persons or cargo. Insurance Services Office Inc. 2012 CG00010413 O Page 14 of 16 | 1 |
to be recycled reconditioned or reclaimed. 16. Products completed operations hazard b. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your pro duct or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service main tenance correction repair or replace ment but which is otherwise complete will be treated as completed. 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 equip ment 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 pro ducts completed operations are subject to the General Aggregate Limit. 17. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construc tion or resurfacing or c Street cleaning 2Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsi bility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substan tially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials Insurance Services Office Inc. 2012 Page 150f 16 O CG 00010413 | 1 |
property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the 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. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real Insurance Services Office Inc. 2012 CG00010413 O Page 16 of 16 | 1 |
POLICY NUMBER GL 507 64 66 POLICY NUMBER GL 507 64 66 COMMERCIAL GENERAL LIABILITY CG 20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS 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 Vendor Your Products 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 any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to property damage arising out of bodily injury or your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors apply the following additional exclusions 1. The insurance afforded the vendor does not apply to CG 20 1504 13 Insurance Services Office Inc. 2012 Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. Any express warranty unauthorized by you. Any physical or chemical change in the product made intentionally by the vendor. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Page 1 of 2 CG 20 1504 13 | 2 |
f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury or property damage ng out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accom panying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor 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 CG 20 15 04 13 m | 2 |
POLICY NUMBER GL 507 64 66 POLICY NUMBER GL 507 64 66 COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A Bodily means information facts or programs Injury And Property Damage Liability is replaced stored as or on created or used on or by the following transmitted to or from computer soft 2. Exclusions ware including systems and applications This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including pat ents trade secrets processing me thods customer lists financial infor mation credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is des cribed in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. As used in this exclusion electronic data software hard or floppy disks CD ROMs tapes drives cells data proces sing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any per son s or organization s confidential or per sonal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit moni toring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 21 06 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER GL 507 64 66 POLICY NUMBER GL 507 64 66 COMMERCIAL GENERAL LIABILITY CG 2147 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment dis cipline defamation harassment humilia tion discrimination or malicious prosecu tion directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is direct ed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and 2 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment dis cipline defamation harassment humilia tion discrimination or malicious prosecu tion directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of per sonal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and 2 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. IS0 Properties Inc. 2006 Page 1 of 1 m CG 2147 1207 | 2 |
POLICY NUMBER GL 507 64 66 POLICY NUMBER GL 507 64 66 COMMERCIAL GENERAL LIABILITY CG 2165 12 04 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 Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. This exclusion does not apply to a Bodily injury if sustained within a building which is or was at any time owned or occupied 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 occupants or their guest 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 insured or others for the handling storage disposal process ing or treatment of waste or b ii At any premises site or location on which any insured or any contract ors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify 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 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 gov ernmental authority for damages be cause of testing for monitoring clean ing up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. b IS0 Properties Inc. 2003 Page 1 of 1 m CG 21651204 | 2 |
POLICY NUMBER GL 507 64 66 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. 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 Sec tion 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 opera tions 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. POLICY NUMBER GL 507 64 66 URSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1of1 O | 2 |
POLICY NUMBER GL 507 64 66 IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation D. 1. 6. The first Named Insured shownin the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10days beforetheeffective date of can cellation if we cancel for nonpaymentof premium or b. 30days before the effectivedate of can cellation if we cancel for any other reason. We willmail or deliver our notice to the first Named Insured s lastmailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we willsend 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 cancellationwill be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and rec ords as theyrelate to this policy at any time dur ing the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommenda tions 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 withlaws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating ad visory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this conditiondoes not apply to any inspections surveys reports or re commendations we may make relative tocer tification under state or municipal statutes ordinances or regulations of boilers pres sure vessels or elevators. Premiums The first Named Insured shown in the Decla rations 1. Is responsible for the payment of all pre miums and 2. Will be the payee forany return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00 17 11 98 IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1of 1 O | 2 |
POLICY NUMBER GL 507 64 66 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 in jury or property damage 1 With respect to which an insured under 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 succes sors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous proper ties of nuclear material and with re spect to which a any person or organi zation is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be en titled 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 there of with any person or organization. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous proper ties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 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 in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions or Canada this exclusion 3 ap plies only to property damage to such nuclear facility and any property there at. 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product mate rial. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reac tor. S0 Properties Inc. 2007 Page 1 of 2 m IL 00 21 09 08 | 2 |
Waste means any waste material a contain ing by product material other than the tailings or wastes produced by the extraction or con centration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear fa cility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or c used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the fore going is located all operations conducted on such site and all premises used for such opera tions. Nuclear reactor means any apparatus de signed 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 radio active contamination of property. S0 Properties Inc. 2007 ILO0 210908 O Page 2 of 2 | 2 |
POLICY NUMBER GL 507 64 66 IL 02 62 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GEORGIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART IL02 620215 A. Paragraph A.1. of the Cancellation Common Policy Condition is replaced by the following 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation stating a future date on which the policy is to be cancelled subject to the following a. If only the interest of the first Named In sured is affected the effective date of cancellation will be either the date we re ceive notice from the first Named Insured or the date specified in the notice which ever is later. However upon receiving a written notice of cancellation from the first Named Insured we may waive the requirement that the notice state the fu ture date of cancellation by confirming the date and time of cancellation in writ ing to the first Named Insured. b. If by statute regulation or contract this policy may not be cancelled unless notice is given to a governmental agency mort gagee or other third party we will mail or deliver at least 10 days notice to the first Named Insured and the third party as soon as practicable after receiving the first Named Insured s request for cancel lation. Our notice will state the effective date of cancellation which will be the later of the following 1 10 days from the date of mailing or delivering our notice or 2 The effective date of cancellation stated in the first Named Insured s no tice to us. B. Paragraph A.5. of the Cancellation Common Policy Condition is replaced by the following 5. Premium Refund d. If this policy is cancelled we will send the first Named Insured any premium re fund due.. If we cancel the refund will be pro rata except as provided inc. below.. If the cancellation results from failure of the first Named Insured to pay when due any premium to us or any amount when due under a premium finance agreement then the refund may be less than pro rata. Calculation of the return premium at less than pro rata represents a penalty charged on unearned premium. If the first Named Insured cancels the re fund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. C. The following is added to the Cancellation Com mon Policy Condition and supersedes any other provisions to the contrary If we decide to 1. Cancel or nonrenew this policy or 2. Increase current policy premium by more than 15 other than any increase due to change in risk exposure or experience modi fication or resulting from an audit of audit able coverages or Insurance Services Office Inc. 2014 Page 1 of 2 IL02 620215 Page 1 of 2 | 2 |
3. Change any policy provision which would limit or restrict coverage then We will mail or deliver notice of our action in cluding the dollar amount of any increase in re newal premium of more than 15 to the first Named Insured and lienholder if any at the last mailing address known to us. Except as applica ble as described in Paragraph D. or E. below we will mail or deliver notice at least a. 10 days before the effective date of can cellation if this policy has been in effect less than 60 days or if we cancel for nonpayment of premium or b. 45 days before the effective date of can cellation if this policy has been in effect 60 or more days and we cancel for a rea son other than nonpayment of premium or c. 45 days before the expiration date of this policy if we decide to nonrenew increase the premium or limit or restrict coverage.. The following provisions apply to insurance covering residential real property only provided under the Capital Assets Program Output Policy Cover age Part Commercial Property Coverage Part Farm Coverage Part if the named insured is a natural person. With respect to such insurance the following is added to the Cancellation Common Policy Con dition and supersedes any provisions to the contrary except as applicable as described in Paragraph E. 1. When this policy has been in effect for 60 days or less and is not a renewal with us we may cancel for any reason by notifying the first Named Insured at least 10 days be fore the date cancellation takes effect. 2. When this policy has been in effect for more than 60 days or at any time if it is a renew al with us we may cancel for one or more of the following reasons a. Nonpayment of premium whether pay able to us or to our agent b. Upon discovery of fraud concealment of a material fact or material misrepresenta tion made by or with the knowledge of any person insured under this policy in obtaining this policy continuing this poli cy or presenting a claim under this poli cy c. Upon the occurrence of a change in the risk which substantially increases any hazard insured against or d. Upon the violation of any of the material terms or conditions of this policy by any person insured under this policy. We may cancel by providing notice to the first Named Insured at least 1 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2 45 days before the effective date of cancellation if we cancel for any of the reasons listed in b. c. or d. above. E. With respect to a policy that is written to per mit an audit the following is added to the Can cellation Common Policy Condition If you fail to submit to or allow an audit for the current or most recently expired term we may cancel this policy subject to the following 1. We will make two documented efforts to send you and your agent notification of po tential cancellation. After the second notice has been sent we have the right to cancel this policy by mailing or delivering a written notice of cancellation to the first Named In sured at least 10 days before the effective date of cancellation but not within 20 days of the first documented effort. 2. If we cancel this policy based on your failure to submit to or allow an audit we will send the written notice of cancellation to the first Named Insured at the last known mailing ad dress by certified mail or statutory overnight delivery with return receipt requested. Insurance Services Office Inc. 2014 Page 2 of 2 IL02620215 O | 2 |
ENDORSEMENT This endorsement effective 1201 A.M.06012015 forms a part of policy No. GL 507 64 66 issued toTHE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM Policy Declarations Named Insured 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. AUTIZED REPRESENTATIVE 61944 295 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 06012015 forms a part of policy No. GL 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 6. Representations is amended by adding d. The unintentional failure by you or any Insured to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this policy. Fawurs AUTFIZED REPRESENTATIVE 62132 395 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LENGTH OF WATERCRAFT ADJUSTMENT ENDORSEMENT 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 Watercraft 2 a is amended to read a Less than 51 feet long and Fawurs AUTFIZED REPRESENTATIVE 64010 1195 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of policy No. GL 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTICE EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN THE COVERAGE OF THIS ENDORSEMENT IS GENERALLY LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE INSURER PURSUANT TO THE TERMS HEREIN. PLEASE READ THIS ENDORSEMENT CAREFULLY AND DISCUSS THE COVERAGE THEREUNDER WITH YOUR INSURANCE AGENT OR BROKER. NOTICE THE LIMIT OF INSURANCE AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS SHALL BE REDUCED BY AMOUNTS INCURRED BY US FOR LEGAL DEFENSE. EMPLOYEE BENEFITS LIABILITY INSURANCE PROVIDES CLAIMS MADE COVERAGE Please read carefully ADDITIONAL DECLARATIONS ITEMS 1. LIMIT OF INSURANCE FOR EMPLOYEE BENEFITS LIABILITY INSURANCE Any payments made pursuant to this endorsement will be subject to and erode the General Aggregate Limit of the policy to which this endorsement is attached. 1000000 Each Wrongful Act or Series Of Related Wrongful Acts Limit 2. SELF INSURED Each Wrongful act or series of related Wrongful acts. If RETENTION applicable then the insurance provided by this endorsement will only apply in excess of the listed Self Insured Retention hereinafter Retained Limit. Applicable if checked Additionally we shall have the right but not the duty to defend any suit against the Insured seeking damages on account of a Wrongful act or series of related Wrongful acts. 3. DEDUCTIBLEX 25000 Each Wrongful act or series of related Wrongful acts. If Applicable if checked applicable then the Deductible is subject to the terms and conditions of the Deductible Endorsement Form A Form No.73187 that is attached to the policy under Endorsement No.. RETROACTIVE DATE 06012012 5. ESTIMATED ANNUAL INCLUDED PREMIUM A. For the purpose of coverage provided by this endorsement only SECTION COVERAGES is amended with the addition of the following COVERAGE EMPLOYEE BENEFITS LIABILITY Applicable if check 51767 0402 Page 1 of 9 | 2 |
1. 2. Insuring Agreement a. We will pay the Insured for those sums which the Insured shall become legally obligated to pay as damages because of any claim made against the Insured due to any Wrongful act of the Insured or any other person for whose acts the Insured is legally liable in the administration of the employee benefit program of the Insured. Except with respect to a Retained Limit as indicated in Item 2 of the Additional Declarations we have the right and duty to defend any suit against the Insured seeking damages on account of such negligent act error or omission even if any of the allegations of the suit are groundless false or fraudulent and we may make such investigation and settlement of any claim or suit as we deem expedient. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. But 1 The amount we will pay for damages is limited as described in Section D. 1. of this endorsement headed Limits of Insurance 2 the amounts we pay for allocated loss adjustment expenses will reduce the Limit of Insurance available as provided under Section D. 1. of this endorsement headed Limits of Insurance and 3 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments settlements or allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section C. of this endorsement. The insurance provided by this endorsement applies to damages only if 1 the damages did not occur before the Retroactive Date if any shown in Item 4. of the Additional Declarations or after the end of the policy period and 2 the claim for damages covered by this endorsement is first made against the Insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Section E. 2. Optional Extended Reporting Period. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make settlement in accordance with Paragraph 1.a. above A claim received and recorded by the insured 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 employee because of any Wrongful act or series of related Wrongful acts including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This endorsement does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act. 51767 0402 Page 2 of 9 | 2 |
Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance 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 program. 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 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. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the internal Revenue Code or any similar state or local law. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. Failure to Maintain Insurance or Bond Any claim made against the Insured based on or attributable to any failure or omission on the part of the Insured to effect and maintain insurance or bonding for Plan Property or Assets. 51767 0402 Page 3 of 9 | 2 |
B. D. For purposes of the coverage provided by this endorsement only Section Il Who Is An Insured is deleted in its entirety and replaced with the following Insured as used in this endorsement means the Named Insured provided that a if the Named Insured is designated as an individual the insurance applies only to the conduct of a business of which he is the sole proprietor and b the unqualified word Insured also includes the following A. If the Named Insured is or includes a partnership or joint venture any partner or member thereof but only with respect to his liability as such B. Any executive officer director or stockholder of the Named Insured while acting within the scope of his duties as such C. Any employee provided such employee is authorized to act in the administration of the Employee Benefits Program of the Named Insured. For the purposes of the coverage provided by this endorsement only SECTION SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted in its entirety and replaced with the following ALLOCATED LOSS ADJUSTMENT EXPENSES EMPLOYEE BENEFITS LIABILITY COVERAGE a. If a Retention Amount is shown in Item 2. of the Additional Declarations above you are responsible for all Allocated Loss Adjustment Expenses we pay as Supplementary Payments according to the election indicated by an X below. If no election is indicated election i. shall apply. 0 i All Allocated Loss Adjustment Expenses up to the Retained Limit. However the most you are responsible for with respect to damages and Allocated Loss Adjustment Expenses combined shall not exceed the Retained Limit. ii. All Allocated Loss Adjustment Expenses. X fii. A part of Allocated Loss Adjustment Expenses. That part will be calculated by dividing the smaller of the Retained Limit or the damages you pay by the damages we pay. If we pay no damages you are responsible for all Allocated Loss Adjustment Expenses up to the applicable Retained Limit and 100 of all remaining Allocated Loss Adjustment Expenses. iv. No Allocated Loss Adjustment Expenses. b. If a Deductible Amount is shown in Item 3. of the Additional Declarations above you must reimburse us for all Allocated Loss Adjustment Expense we pay as Supplementary Payments according to the election indicated in the Deductible Endorsement that is referred to in Item 3 of the Additional Declarations. c. With regard to either a Retained Limit or a Deductible 1 your duty to pay for Allocated Loss Adjustment Expenses applies separately to each Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured and 2 All payments made by us for Allocated Loss Adjustment Expenses will be within the Limits of Insurance as provided under Section D. 1. of this endorsement headed Limits of Insurance. For the purposes of the coverage provided by this endorsement Section Il Limits Of Insurance is revised as follows 1. Limits Of Insurance 51767 0402 Page 4 of 9 | 2 |
a. The Limits of Insurance shown in the Additional Declarations and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Wrongful act or series of related Wrongful acts or 5 Benefits included in your employee benefit program. b. The General Aggregate Limit as described in Section Ill Limits Of Insurance 2. is amended to include the following paragraph d. All damages and all associated allocated loss adjustment expenses that we pay because of a Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured. c. Subject to the General Aggregate Limit the Each Wrongful Act or Series Of Related Wrongful Acts Limit as stated in Item 1. of the Additional Declarations is the most we will pay for all damages and all associated allocated loss adjustment expenses due to any one Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee 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 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. 2. Retention Amount If a Retention Amount is shown in Item 2. of the Additional Declarations above the Limits of Insurance for the Coverage provided by this endorsement will apply in excess of the Retained Limit as stated in Item 2. of the Additional Declarations. Subject to additional Allocated Loss Adjustment Expenses the Retained Limit is the most an insured will pay for all damages due to any one Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured. 3. Deductible If a Deductible Amount is shown in Item 3. of the Additional Declarations above you must reimburse us for all damages due to any one Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured and any Allocated Loss Adjustment Expense we pay as Supplementary Payments according to the terms and conditions as provided for in the Deductible Endorsement that is referred to in Item 3 of the Additional Declarations. For the purpose of coverage provided by this endorsement only SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended with the addition of the following conditions 51767 0402 Page 5 of 9 | 2 |
1. PREMIUM The premium stated in the ADDITIONAL DECLARATIONS is an estimated premium only. Upon termination of each annual period of this endorsement the Insured on request will furnish us a statement of the total number of employees at the end of the period. The earned premium shall be computed on the average of the number of employees at the end of the coverage period and that stated in the ADDITIONAL DECLARATIONS. If the earned premium thus computed exceeds the estimated premium paid the Insured shall pay the excess to us if less we shall return to the Insured the unearned portion paid by such Insured. 2. OPTIONAL EXTENDED REPORTING ENDORSEMENT The coverage under the Employee Benefits Liability Endorsement may end because one of us chooses to cancel it or not renew it. If this is not the result of non payment of the premium then you have the right to purchase an Extended Reporting Period Endorsement. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It only extends the time to report covered claims that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. The claim must first be made against an Insured and reported to us within 3 years after the Employee Benefits Liability Endorsement ends and while the reporting endorsement is in effect. To obtain this reporting endorsement you must request it in writing and pay the additional premium within 30 days after this agreement ends. If we do nt receive written notice and payment within this period the Extended Reporting Period will not go into effect. Additionally you may not exercise this right at a later date. We ll sell you this endorsement for the additional premium. This additional premium will not exceed 200 of the annual premium for the Employee Benefits Liability Endorsement. Once you pay the premium we ca nt cancel the endorsement. We will determine the additional premium taking into account the following a. The exposures insured b. Previous types and amounts of insurance c. Limits of Liability available under the Employee Benefit Liability Insurance for future payment of damages and d. Other related factors. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. The optional Extended Reporting Endorsement does not reinstate or increase the Limits of Liability applicable to any claim to which The Employee Benefits Liability Endorsement applies. 3. CONFORMITY WITH STATUTE Terms of this endorsement which are in conflict with the statute of the state wherein this endorsement is issued are hereby amended to conform to such statutes. Special Conditions relating to the Retained Limit if applicable 1. With respect to the coverage provided by this endorsement only Section IV Commercial General Liability Conditions 2. Duties in the Event of Occurrence Offense claim or Suit a. is amended to read 51767 0402 Page 6 of 9 | 2 |
G. A. Periodic Notices on a QUARTERLY basis you must provide us with a written summary loss run of all wrongful acts claims or suits which have or may result in payments within the Retained Limit. This written summary must show 1. The date of the wrongful act and 2. A description of the damage and 3. The amount paid or reserved including allocated loss adjustment expense resulting from the wrongful act claim or suit. B. Individual Notices of a wrongful act in addition to the Periodic Notices provided for in A. above you must see to it that we are notified as soon as practicable of any wrongful act which may result in a claim. Knowledge of a wrongful act by your agent your servant or your employee will not in itself constitute knowledge to you unless the Director of Risk Management or one with similar or equivalent title or his her designee at the address shown in the policy declarations will have received such notice. To the extent possible notice should include how when and where the wrongful act took place and the nature of any damage arising out of the wrongful act. You must provide us with any and all additional information material andor data subsequent to the original notice as it becomes available. Claims Administration A. You will employ and pay without any reimbursement from us a firm acceptable to us for the purpose of providing claim services Claims Administrator. In the event of cancellation expiration or revision of the contract between you and the self insurance service company you will notify us within ten 10 days of the cancellation expiration or revision. B. Loss settlements made by you or the Claims Administrator will be within the terms conditions and limits of the policy. C. There will be no reduction of the Retained Limit because of payment of claims or suits arising from claims or suits for which coverage is not afforded to by the policy. Bankruptcy Your bankruptcy insolvency inability to pay failure to pay or refusal to pay the Retained Limit will not increase our obligations under the policy. In the event there is insurance whether or not applicable to an wrongful act claim or suit within the Retained Limit you will continue to be responsible for the full amount of the Retained Limit before the limits of insurance under this policy apply. In no case will we be required to pay the Retained Limit or any portion thereof. Our obligations will attach only when the entire amount of the Retained Limit has been paid and then only in excess of the Retained Limit and not in excess of the total limit of insurance adjusted for any reduction in the aggregate limit of our liability. For the purpose of coverage provided by this endorsement only SECTION V DEFINITIONS is amended with the addition of the following definitions 1. Administration shall mean A. Giving counsel to employees with respect to the Employee benefit program B. Interpreting the Employee benefit program C. Handling of records in connection with the Employee benefit program D. Effective enrollment termination or cancellation of employees under the Employee benefit program provided all are acts which are authorized by the Named Insured. 51767 0402 Page 7 of 9 | 2 |
Allocated Loss Adjustment Expenses means all fees for service of process and court costs and court expenses pre and post judgment interest attorneys fees cost of undercover operative and detective services costs of employing experts costs for legal transcripts copies of any public records and costs of depositions and court reported or recorded statements costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settlement or defense of a loss or a claim or suit against you or to the protection and perfection of your or our subrogation rights. Allocated Loss Adjustment Expenses shall not include our general overhead the salary and employee benefits of any of our employees nor the fees of any attorney who is our employee or under our permanent retainer nor the fees of any attorney we retain to provide counsel to us about our obligations if any under any policy issued by us or our affiliated companyies with respect to a claim or suit against you. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 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. Employee benefit program means a program providing some or all of the following benefits to employees of the Insured whether provided through a cafeteria plan or otherwise a group life insurance group accident or health insurance dental vision and hearing plans provided that no one other than an employee of the Insured may subscribe to such benefits and such benefits are made generally available to those employees of the Insured who satisfy the plan s eligibility requirements b profit sharing plans employee savings plans pension plans employee stock subscription plans provided that no one other than an employee of the Insured may subscribe to such benefits and such benefits are made generally available to all employees of the Insured who are eligible under the plan for such benefits c workmen s compensation unemployment insurance social security benefits disability benefit d Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and e Any other similar benefits designated in the Schedule or added thereto by endorsement. Wrongful act means any actual or alleged negligent act error or omission in the administration of the Employee Benefits Plan. For the purpose of coverage provided by this endorsement only Definitions 5. and 18. in SECTION V DEFINITIONS are replaced by the following 5. 18. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which damages 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 insured must submit or does submit with our consent or 51767 0402 Page 8 of 9 | 2 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. All other terms exclusions and conditions of this policy remain unchanged. zzedRepresemanve or Autl Countersignature in States Where Applicable 51767 0402 Page 9 of 9 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY This insurance does not apply to any bodily injury property damage personal and advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or products containing lead. Authidrized Representative or Countersignature in States Where Applicable 58332 0807 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 06012015 forms a part of Policy No. 6L 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 2. Duties in the Event of Occurrence Offense Claim or Suit a. is hereby deleted and replaced with the following a. You must see to it that we are notified as soon as practicable on any occurrence or an offense which may result in a claim. Knowledge of an occurrence or an offense by your agent your servant or your employee will not in itself constitute knowledge to you unless the Director of Risk Management or one with similar or equivalent title or his her designee at the address shown in the policy declarations will have receive such notice. 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. e AUTIZED REPRESENTATIVE 61707 1294 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of policy No. GL 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION Il WHO IS AN INSURED is amended to include as an additional insured Any person or organization to whom you become obligated to include as an additional insured under this policy as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to liability arising out of your operations or premises owned by or rented to you. However the insurance provided will not exceed the lesser of The coverage andor limits of this policy or The coverage andor limits required by said contract or agreement. Authdfized Representative or Countersignature in States Where Applicable Page 1 of 1 61712 1206 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFENSE COSTS WITHIN POLICY LIMITS ENDORSEMENT This endorsement modifies insurance provided under the following A. COMMERCIAL GENERAL LIABILITY COVERAGE FORM DEFENSE OF CLAIMS OR SUITS COVERAGES A AND B Subparagraphs a 2 of SECTION COVERAGES COVERAGE A. 1. and SECTION COVERAGES COVERAGE B.1. are deleted in their entirety and replaced by the following 2. Our right and duty to defend such claims or suits end when we have exhausted the limits available as provided under SECTION IIl LIMITS OF INSURANCE for either payments of judgments or settlements or defense costs as such costs are described in Section B of this endorsement entitled DEFENSE COSTS under Coverages A or B or Medical Expenses under Coverage C. This applies both to claims and suits pending at that time and those filed thereafter. When we control the defense of a claim or suit we will pay for Defense Costs as such costs are described in Section B of this endorsement entitled DEFENSE COSTS. If by mutual agreement or court order you assume control before the applicable Limit of Insurance available is exhausted we will reimburse you for reasonable Defense Costs. In either case however the amounts we pay will reduce the Limit of Insurance available as provided under SECTION IIl LIMITS OF INSURANCE. As soon as practicable after we become aware that a limit of Insurance available is exhausted a. We will notify you of any outstanding claims and suits subject to that limit and b. You will then arrange to assume control of the defense of all such claims and suits against you or any other insured when our right and duty to defend them ends. We will assist you in the transfer of control of defense of claims and suits under 3. or 4. above. Until such arrangements are completed we will take on your behalf those steps that we deem appropriate a. To avoid a default in any claim or suit or b. To the continued defense of a claim or suit. You agree that if we take such steps 1. 2. We do not waive or give up any of our rights under this insurance and You will reimburse us for any defense costs that arise out of such steps if the applicable limit of Insurance available has been exhausted. 61943 901 | 2 |
B. DEFENSE COSTS It is further agreed that the section of the policy headed SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted in its entirety and replaced by the following Section DEFENSE COSTS We will pay as part of the limit of insurance as described in Section C. Limits of Insurance Revision below with respect to any claim or suit the following defense costs Attorney fees and all other litigation expenses. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation of defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any pre judgment interest based on that period or 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. Defense Costs do not include a. b. C. Salaries and expenses of our employees or your employees other than 1. That portion of our employed attorney s fees salaries and expenses allocated to a specific claim or suit and 2. The expense described in B. 4. above. Fees and expenses of independent adjusters we hire. LIMITS OF INSURANCE REVISION It is further Agreed SECTION IIl LIMITS OF INSURANCE is deleted in its entirety and replaced by the following 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C. b. Damages under Coverage A. and Coverage B. except damages because of bodily Injury or property damage included in the products completed operations hazard and 61943 901 | 2 |
c. Defense Costs as described in Section B of this endorsement headed DEFENSE COSTS for claims and suits seeking damages included in 2 a. and b. above. 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of a. Damages under Coverage A because of bodily injury and property damage included in the products completed operations hazard and b. Defense Costs as described in the Section B. headed DEFENSE COSTS for claims and suits seeking damages included under the products completed operations hazard of 3 a. above. 4. Subject to 2. above Personal and Advertising Injury Limits is the most we will pay under Coverage B for the sum of a. all damages because of all personal and advertising injury sustained by any one person or organization and b. Defense costs as described in Section B of this endorsement headed DEFENSE COSTS. 5. Subject to 2. and 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A. b. Medical expenses under Coverage C. because of all bodily injury and property damage arising out of any one occurrence nd c. Defense costs as described in Section B of this endorsement headed DEFENSE COSTS. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A. for damages because of property damage to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of bodily injury sustained by any one person. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limit of Insurance. Authdfized Representative or Countersignature in States Where Applicable 61943 901 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 06012015 forms a part of policy No. GL 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT ENDORSEMENT WHEN WE DO NOT RENEW This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 9. When We Do Not Renew is amended to read 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 less than NINETY 090 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Fawurs AUTFIZED REPRESENTATIVE 62134 395 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of policy No. GL 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Bodily injury or property damage arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. Section I. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Personal and advertising injury arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. Authorized Representative 62898 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of policy No. GL 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ERISA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Bodily injury or property damage arising out of any obligation you incur under the Employee Retirement Income Security Act of 1974 Public Law 93 406 any law amendatory thereof or any regulation pertaining thereto. Section. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Personal and advertising injury arising out of any obligation you incur under the Employee Retirement Income Security Act of 1974 Public Law 93 406 any law amendatory thereof or any regulation pertaining thereto. Authtrized Representative 64004 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 06012015 forms a part of 507 64 66 Policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY DEFINITION EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section V Definitions 3. Bodily injury is amended to read 3. Bodily injury means physical injury sickness or disease including death resulting from any of these or the following when accompanied by physical injury sickness or disease mental anguish shock or emotional distress. AUTHED REPRESENTATIVE 67260 397 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BATCH CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Section V. Definitions 13. Occurrence is amended to add new paragraph As respects Products Completed Operations Hazard all bodily injury or property damage arising out of and attributable directly or indirectly to the continuous repeated or related exposure to substantially the same general conditions affecting one lot of goods or products manufactured sold handled or distributed by you or others trading under your name shall be deemed to result from a single occurrence. Such occurrence will be deemed to occur with the first injury notified to you during the policy period. Authdfized Representative or Countersignature in States Where Applicable 67464 901 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 06012015 forms a part of 507 64 66 Policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALIENATED PREMISES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Section Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions j. Damage to Property 2 is deleted in its entirety. All other terms and conditions remain unchanged. AUTHOED REPRESENTATIVE 71706 998 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE COVERAGE ENDORSEMENT Form A This endorsement modifies insurance provided under the following Commercial General Liability Coverage Form Products and Completed Operations Liability Coverage Form Liquor Liability Coverage Form Professional Liability Coverage Form Business Auto Coverage Form Garage Coverage Form Truckers or Motor Carrier Coverage Form Please Read It Carefully. This Endorsement applies solely between you and us. It does not affect the rights of others under this policy. 1. Payment and Deductible Conditions A. We will pay all sums that we become obligated to pay up to our Limit of Insurance under the policy to which this endorsement applies. Our Limit of Insurance includes and shall not apply in addition to any sum that you must reimburse us for damages benefits or Medical Payments we have paid.. You must reimburse us up to the Deductible Limits shown in the Schedule for any amounts we have so paid as damages benefits or Medical Payments. The Deductible will apply to each occurrence accident offense claim or other basis as shown in the Schedule regardless of the number of persons or organizations who sustain damages because of an occurrence or accident or offense or other basis shown in the Schedule.. In addition you must reimburse us for all Allocated Loss Adjustment Expense we pay as Supplementary Payments according to the election indicated by an X below. If no election is indicated election i. applies. i. Al Allocated Loss Adjustment Expense up to the deductible limit. However the most you must reimburse us for damages benefits Medical Payments and Allocated Loss Adjustment Expense combined shall not exceed the deductible amount. ii. All Allocated Loss Adjustment Expense. X iii. A part of Allocated Loss Adjustment Expense. That part will be calculated by dividing the smaller of the deductible or the damages benefits or Medical Payments we pay by the damages benefits or Medical Payments we pay. If we pay no damages benefits or Medical Payments you must reimburse us for all Allocated Loss Adjustment Expense up to the applicable Deductible amount and 100 of all remaining Allocated Loss Adjustment Expense. iv. No Allocated Loss Adjustment Expense. 73187903 Page 1 of 5 | 2 |
Your obligation to reimburse us for Allocated Loss Adjustment Expense applies separately to each occurrence for bodily injury or property damage each accident for bodily injury or property damage to each offense for personal injury or advertising injury to each claim for professional liability or employee benefits administration liability or to each other basis shown in the Schedule. D. If an Annual Aggregate Deductible Amount the Aggregate is shown in the Schedule that amount is the most you must reimburse us for all damages benefits and Medical Payments and Allocated Loss Adjustment Expenses that we pay under this policy and all other policies listed in Part of the Schedule. The Aggregate will not be reduced if this or any other policy described in the Schedule is issued for a term of less than one year or if this endorsement or any policy described in the Schedule is canceled before the end of the policy period by you or by us because of your failure to pay premium or to reimburse us under the terms of this endorsement when due. If we cancel this endorsement or all the policies described in the Schedule for any other reason the Aggregate will be prorated in the proportion that the period that it was in effect bears to the original policy period. If we cancel one or more but not all the policies described in the Schedule for any other reason the Aggregate will be prorated in the proportion that the total expected deductible losses under all the described policies calculated according to our rating plan during the period that the policies were in effect bears to such total expected deductible losses during the original policy period. However the Aggregate so prorated shall not be less than the largest Deductible limit shown in the Schedule. If no Aggregate is shown in the Schedule no aggregate limit applies to your reimbursement obligation Il Additional Conditions A. Duty to Reimburse 1. You must reimburse us in accordance with this endorsement for any payment we make in good faith on behalf of any person or organization insured under any policy to which this endorsement applies. 2. Reimbursement is due and payable within fifteen 15 days of your receipt of an invoice for such reimbursement from us. 3. Each Named Insured is jointly and severally liable for all reimbursable amounts under this policy. B. Defaults and Remedies If you fail to perform any of your duties under this endorsement we may take any reasonable steps necessary to protect our interest including the following. We may cancel this endorsement or the policies to which this endorsement applies by mailing or delivering written notice to you not less than ten 10 days prior to the effective date of such cancellation stating the day and hour the cancellation is to take effect. Proof of the mailing of such notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. C. Recovery From Others We have your rights and the rights of persons entitled to the benefits of this insurance to recover all payments including those within your reimbursement amount from anyone liable for the damages. You will do everything necessary to protect those rights for us and to help us enforce them. If we recover any payment we made under this policy from anyone liable for the damages the amount we recover will first be applied to any payments we made in excess of the reimbursable amount or in excess of the Aggregate and to our expenses in obtaining the recovery. We will apply the remainder of the recovery if any to reduce the amount that is reimbursable by you. Page 2 of 6 73187903 | 2 |
Allocated Loss Adjustment Expenses means all fees for service of process and court costs and court expenses pre and post judgement interest attorneys fees cost of undercover operative and detective services costs of employing experts costs for legal transcripts copies of any public records and costs of depositions and court reported or recorded statements costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settlement or defense of a loss or a claim or suit against you or to the protection and perfection of your or our subrogation rights. Allocated Loss Adjustment Expenses shall not include our general overhead the salary and employee benefits of any of our employees nor the fees of any attorney who is our employee or under our permanent retainer nor the fees of any attorney we retain to provide counsel to us about our obligations if any under any policy issued by us or our affiliated company ies with respect to a claim or suit against you. SCHEDULE Part 1. POLICIES TO WHICH DEDUCTIBLE APPLIES This Endorsement applies to the policy to which this endorsement is attached and to the policies described by policy number in the table below. Type of Insurance GL 507 64 66 Policy Numbers 73187903 Page 3 of 5 | 2 |
Part 2. COVERAGES TO WHICH DEDUCTIBLE APPLIES A. This Part 2A. applies to all coverages OTHER THAN Business Auto Garage Truckers or Motor Carriers Auto Insurance. The Deductible Amount of 25000 applies on a combined basis to all coverages selected by X in the table below except for such coverages if any for which a separate Deductible is shown below. Selected Coverage Deductible Per Per Claim Amount Occurrence Bodily Injury Other than Products or X Completed Operations 25000 X Property Damage Other than Products 25000 or Completed Operations. X Bodily Injury Products or Completed 25000 X Operations Only X Property Damage Products or 25000 Completed Operations Only Personal Injury 25000 Each person or organization Advertising Injury 25000 Each person or organization X Employee Benefits Liability 25000 X All Other B. This Part 2B. applies ONLY to Business Auto Garage Truckers Or Motor Carrier Auto Insurance. The Deductible Amount of applies on a combined basis to all coverages selected in the table below except for such coverages if any for which a separate Deductible is shown below. Selected Coverage All Coverages Deductible Amount per Accident Bodily Injury Property Damage Personal Injury Protection Added Personal Injury Protection Uninsured Motorist Underinsured Motorist Page 4 of 5 73187903 | 2 |
Part 3. ANNUAL AGGREGATE DEDUCTIBLE AMOUNT Annual Aggregate Deductible Amount 25000 The Annual Aggregate Deductible Amount shown above the Aggregate is not subject to adjustment unless a basis of adjustment is shown below. The Aggregate is adjustable at the rate of per of the Adjustment Basis subject to a Minimum Annual Aggregate Deductible Amount of The Adjustment Basis is and is estimated at the inception of this policy as the amount of The Aggregate applies to your obligation to reimburse us under this policy and all other policies scheduled above. Igzeepresentatlve or Autl Countersignature in States Where Applicable 73187903 Page 5 of 5 | 2 |
ENDORSEMENT This endorsement effective 1201 AM. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED PRIMARY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions paragraph 4. Other Insurance subparagraph a. Primary Insurance is amended by the addition of the following However coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authdfized Representative or Countersignature in States Where Applicable 74434 1099 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of policy No. GL 507 64 66 issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS AND SILICA EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. COVERAGES COVERAGE A. BODILY INJURY and PROPERTY DAMAGE LIABILITY 2. Exclusions is amended to add the following exclusions Asbestos Bodily injury or property damage arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of bodily injury or property damage arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. Silica Bodily injury or property damage arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of bodily injury or property damage arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. Section I. COVERAGES COVERAGE B. PERSONAL and ADVERTISING INJURY LIABILITY 2. Exclusions is amended to add the following exclusions Asbestos Personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. Silica Personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. All other terms conditions and exclusions of the policy shall remain unchanged. Sy AuthoHzed Representative 82540 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of oy AUTHORIZED REPRESENTATIVE 89644 613 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR YOUR EMPLOYEES RELATING TO CO EMPLOYEE INJURIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION Il WHO IS AN INSURED 2. a. 1 is amended to read 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your b c members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business. However your employees are insureds for bodily injury to coemployees while in the course of their employment or performing duties related to the conduct of your business so long as claims or suits arise out of liability assumed by an insured under an insured contract as provided by SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions e. Employer s Liability To the spouse child parent brother or sister of that volunteer worker as a consequence of Paragraph1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services. Authidrized Representative or Countersignature in States Where Applicable 95284 0807 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 06012015 forms a part of 507 64 66 policy No. GL issued to THE NUTRASWEET COMPANY by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GEORGIA TERRORISM EXCLUSION CERTIFIED ACTS ENDORSEMENT This endorsement modifies insurance provided by the Policy Certified Acts of Terrorism Exclusion This insurance does not apply to loss injury damage claim or suit arising directly or indirectly as a result of an act of terrorism as defined in the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015 hereinafter TRIA regardless of any other cause or event contributing concurrently or in any sequence with an act of terrorism. Act of terrorism means any act that is certified by the Secretary of the Treasuryl in consultation with the Secretary of Homeland Security and the Attorney General of the United States A. to be an act of terrorism B. to be a violent act or an act that is dangerous to 1. human life 2. property or 3. infrastructure C. to have resulted in damage within the United States or outside of the United States in the case of 1. an air carrier or vessel described in TRIA or 2. the premises of a United States mission and D. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. With respect to commercial property policies A. If an act of terrorism results in an ensuing fire this Policy covers such loss or damage caused by such fire following subject to the Policy s terms and conditions but only if the covered property insured hereunder is located in a state of the United States the District of Columbia Puerto Rico or a territory or possession of the United States that pursuant to the applicable standard fire policy statute regulation or other law prohibits the exclusion of fire following an act of terrorism. Such coverage for fire following an act of terrorism applies only to direct physical loss or damage to covered property insured hereunder and to no other coverage provided by the Policy. 2015 American International Group Inc. All Rights Reserved. 119006 115 Page 1 of 2 | 2 |
B. Notwithstanding Subsection Il. A. above to the extent not prohibited by the law of the jurisdiction to which this Policy is subject this Policy does not cover fire following an act of terrorism that involves the actual alleged or threatened use release escape dispersal application andor existence of any nuclear reaction radioactive materials or nuclear materials in any form and from any source radionuclides radiation emitted from any radioactive source whether natural or manmade electromagnetic pulses andor pathogenic or poisonous chemical or biological materials whether natural manmade living or dead. Application of Other Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss or damage which would otherwise be excluded under this Policy such as losses excluded by a nuclear exclusion pollution exclusion or war exclusion. IV. Definitions The following definitions apply to this endorsement A. Nuclear materials means source material special nuclear material or by product material. 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. B. Biological materials include all microorganisms viruses rickettsia prions nucleic acids toxins toxin producing agents and poisons produced by biological organisms. All other terms and conditions of the Policy remain the same. AUTHORIZED REPRESENTATIVE 119006 115 2015 American International Group Inc. All Rights Reserved. Page 2 of 2 | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY PRIOR POLICY 4D8 63 89 GENERAL LIABILTITY DECLARATIONS POLICY PERIOD FROM 011018 TO 011019 POLICY NUMBER 4D8 63 8 9 19 NAMED INSURED PRODUCER SKILLEDSET FLOORING WALLS LOCKTON COMPANIES LLC LLC 13710 FNB PKWY STE 400 2532 NORTH 18TH AVE OMAHA NE 68154 5298 ELKHORN NE 68022 AGENT AB 8210 AGENT PHONE 402970 6100 DIRECT BILL JACK H. STRUYK CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 THIS POLICY RENEWAL IS OFFERED CONTINGENT UPON THE RECEIPT OF PAYMENT WHICH IS DUE ON 021018. EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 500000 ANY ONE PREMISES MEDICAL EXPENSE LIMIT 10000 ANY ONE PERSON PERSONAL AND ADVERTISING INJURY LIMIT 1000000 ANY ONE PERSON OR ORGANIZATION GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 COVERAGES PROVIDETD PREMIUM SEE ATTACHED SCHEDULE FOR LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED. DATE OF ISSUE 010918 BPP FORM CG7000A ED. 08 99 BPP 102317 017 LN 4D86389 1901 GENERAL LIABILTITY D E POLICY PERIOD FROM 011018 TO 011019 LLC 13710 FNB PKWY STE 400 2532 NORTH 18TH AVE OMAHA NE 68154 5298 ELKHORN NE 68022 AGENT AB 8210 AGENT PHONE 402970 6100 JACK H. STRUYK CLAIM REPORTING 888362 2255 DIRECT BILL DIRECT BILL EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT GENERAL AGGREGATE LIMIT 1000 00 500 00 10 00 1000 00 TOTAL ESTIMATED POLICY PREMIUM 2868.00 | 2 |
MNEMC INSURANCE PAGE 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D8 63 89 SKILLEDSET FLOORING AND WALLS EFF DATE 011018 EXP DATE 011019 FORMS APPLICABLE CG00010413 CG20100413 CG20370413 CG21060514 CG21471207 CG21671204 CG21700115 CG21760115 CG7001A1012 CG70031013 CG71410590 CG7174.31013 CG74291198 CG75780617 CG76440209 CGB0810406 IL00210502 IL02590907 IL70280515 IL7130A0401 IL7131A0401 IL73380515 IL80210488 IL8383.2A0115 IL8384A0108 IL85760909 IL87450317 AUDIT PERIOD ANNUAL DATE OF ISSUE 010918 BPP FORM CG7000A ED. 08 99 BPP 102317 017 LN 4D86389 1901 413 CG20100413 CG20370413 CG21060514 AUDIT PERIOD ANNUAL | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D8 63 89 19 SKILLEDSET FLOORING WALLS EFF DATE 011018 EXP DATE 011019 GENERATL L Cc ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CG0001 04 13 COMMERCIAL GEN LIABILITY COV FORM CG2010 04 13 AI OWNERS LESSEES OR CONTRACTORS.. NAME ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQ. ADDL INS. STATUS EXCEPT WHERE THE CONTRACT REQ. COVERAGE TO BE PRIMARY NON CONTRIBUTORY. CG2037 04 13 AI OWNERS LESSEES OR CONT COMP OPS NAME ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQ. ADDL INS. STATUS EXCEPT WHERE THE CONTRACT REQ. COVERAGE TO BE PRIMARY NON CONTRIBUTORY. CG2106 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CG2147 12 07 EXCL EMPLOYMENT RELATED PRACTICES CG2167 12 04 FUNGI OR BACTERIA EXCLUSION CG2170 01 15 CAP LOSSES FROM CERT ACTS TERRORISM CG2176 01 15 EXCL PUNITIVE DMGS ACTS OF TERRORISM CG7001A 10 12 GENERAL LIABILITY SCHEDULE CG7003 10 13 GL QUICK REFERENCE OCCURRENCE CG7141 05 90 EXTENDED PROPERTY DAMAGE COVERAGE CG7174.3 10 13 AUTOMATIC AI CONST CONT INCL COMP OP CG7429 11 98 AMEND AGGREGATE LIMIT PER PROJECT CG7578 06 17 GENERAL LIABILITY ELITE EXTENSION CG7644 02 09 CONTRACTORS OCCURRENCE DEFINITION CG8081 04 06 FUNGI BACTERIA NOTICE TO POLICYHOLDR IL0021 05 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM IL0259 09 07 NE CHANGES CANCELLATION NONRENEWAL IL7028 05 15 ASBESTOS EXCLUSION IL7130A 04 01 NAMED INSURED ENDORSEMENT IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL7338 05 15 NOTICE OF CANC PROV BY US DESIGNATED NAME OF ENTITY JE DUNN CONSTRUCTION COMPANY INC. OR ANY OF ITS AFFILIATES SUBSIDIARIES OR RELATED COMPANIES CAPITOL DISTRICT HOTEL LLC. MAILING ADDRESS C0 LOCKTON COMPANIES 444 W 47TH ST STE 900 KANSAS CITY MO 64112 NUMBER OF DAYS NOTICE 30 IL8021 04 88 ASBESTOS NOTICE IL8383.2A 01 15 DISCL PURSUANT TERRSM RISK INS. ACT 23 DATE OF ISSUE 010918 CONTINUED FORM IL7131A ED. 04 01 017 LN 4D86389 1901 EDITION CG2037 CG2106 CG2147 CG2167 CG2170 CG2176 CG7001A CG7003 CG7141 CG7174.3 CG7429 CG7578 CG7644 CG8081 IL0021 IL0259 IL7028 IL7130A IL7131A IL7338 IL8021 IL8383.2A 04 13 05 14 12 07 12 04 01 15 01 15 10 12 10 13 05 90 10 13 11 98 06 17 02 09 04 06 05 02 09 07 05 15 04 01 04 01 05 15 04 88 01 15 AI OWNERS LESSEES OR CONTRACTORS.. NAME ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQ. ADDL INS. STATUS EXCEPT WHERE THE CONTRACT REQ. COVERAGE TO BE PRIMARY NON CONTRIBUTORY. AI OWNERS LESSEES OR CONT COMP OPS NAME ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQ. ADDL INS. STATUS EXCEPT WHERE THE CONTRACT REQ. COVERAGE TO BE PRIMARY NON CONTRIBUTORY. EXCL ACCESS DISCL OF CONFID PERSONAL EXCL EMPLOYMENT RELATED PRACTICES FUNGI OR BACTERIA EXCLUSION CAP LOSSES FROM CERT ACTS TERRORISM EXCL PUNITIVE DMGS ACTS OF TERRORISM GENERAL LIABILITY SCHEDULE GL QUICK REFERENCE OCCURRENCE EXTENDED PROPERTY DAMAGE COVERAGE AUTOMATIC AI CONST CONT INCL COMP OP AMEND AGGREGATE LIMIT PER PROJECT GENERAL LIABILITY ELITE EXTENSION CONTRACTORS OCCURRENCE DEFINITION FUNGI BACTERIA NOTICE TO POLICYHOLDR NUCLEAR ENERGY LIAB EXCL BROAD FORM NE CHANGES CANCELLATION NONRENEWAL ASBESTOS EXCLUSION NAMED INSURED ENDORSEMENT COMML POLICY ENDORSEMENT SCHEDULE NOTICE OF CANC PROV BY US DESIGNATED NAME OF ENTITY JE DUNN CONSTRUCTION COMPANY INC. OR ANY OF ITS AFFILIATES SUBSIDIARIES OR RELATED COMPANIES CAPITOL DISTRICT HOTEL LLC. MAILING ADDRESS C0 LOCKTON COMPANIES 444 W 47TH ST STE 900 KANSAS CITY MO 64112 NUMBER OF DAYS NOTICE 30 ASBESTOS NOTICE DISCL PURSUANT TERRSM RISK INS. ACT | 2 |
MNEMC INSURANCE PAGE NO 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D8 63 89 19 SKILLEDSET FLOORING WALLS EFF DATE 011018 EXP DATE 011019 GENERATL L Cc ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM IL8384A 01 08 TERRORISM NOTICE IL8576 09 09 MEDICARE IMPT NOTICE TO POLICYHOLDER IL8745 03 17 IMPORTANT NOTICE TO POLICYHOLDERS DATE OF ISSUE 010918 FORM IL7131A ED. 04 01 017 LN 4D86389 1901 EDITION MEDICARE IMPT NOTICE TO POLICYHOLDER IMPORTANT NOTICE TO POLICYHOLDERS | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D8 63 89 19 SKILLEDSET FLOORING WALLS EFF DATE 011018 EXP DATE 011019 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 010918 FORM IL8384A 01 08 017 LN 4D86389 1901 SKILLEDSET FLOORING WALLS EFF DATE 011018 EXP DATE 0110 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
NE INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D8 63 89 19 SKILLEDSET FLOORING WALLS EFF DATE 011018 EXP DATE 011019 THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 23.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. For losses occurring in 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. Beginning on January 1 2016 the federal share will decrease by one percentage point per calendar year until equal to 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 010918 FORM IL8383.2A01 15 017 LN 4D86389 1901 THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 23.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. For losses occurring in 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insur retention. Beginning on January 1 2016 the federal share will decrease by one percentage point per calendar year until equal to 80 that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury sha not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calend year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasur The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your poli carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission SCHEDUTLE i m Certified Acts 23.00 th the federal Terrorism Risk Insurance Act we are side you with a notice disclosing the portion of any attributable to coverage for terrorism acts the Terrorism Risk Insurance Act. The portion of ributable to such coverage is shown in the Schedule ire or in the policy Declarations. deral Participation In Payment Of Terrorism Losses s Government Department of the Treasury will pay In Payment Of Terrorism Losses | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY NAMED INSURED ENDORSEMENT POLICY PERIOD FROM 011018 TO 011019 POLICY NUMBER 4D8 63 8 9 19 N NAMED INSURED SKILLEDSET FLOORING WALLS LOCKTON COMPANIES LLC LLC 13710 FNB PKWY STE 400 2532 NORTH 18TH AVE OMAHA NE 68154 5298 ELKHORN NE 68022 AGENT AB 8210 AGENT PHONE 402970 6100 DIRECT BILL JACK H. STRUYK CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED SKILLEDSET FLOORING WALLS LLC NO. 02 SKILLEDSET FLOORING AND WALLS LLC DBA SKILLEDSET TILE AND STONE PLACE OF ISSUE OMAHA NE DATE OF ISSUE 010918 FORM IL7130A ED. 04 01 017 LN 4D86389 1901 NAMED INSURED ENDO POLICY PERIOD FROM 011018 TO 011019 LLC 13710 FNB PKWY STE 400 2532 NORTH 18TH AVE OMAHA NE 68154 5298 ELKHORN NE 68022 AGENT AB 8210 AGENT PHONE 402970 6100 JACK H. STRUYK CLAIM REPORTING 888362 2255 DIRECT BILL DIRECT BILL IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED SKILLEDSET FLOORING WALLS LLC NO. 02 SKILLEDSET FLOORING AND WALLS LLC DBA AND STONE SKILLEDSET TILE PLACE OF ISSUE OMAHA NE OLICY. | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4D8 63 89 SKILLEDSET FLOORING AND WALLS EFF DATE 011018 EXP DATE 011019 GENERAL LIABILITY SCHEDUTLE PRODUCTS COMPL OPS ALL OTHER CODE NO.EXPOSURE CLASSIFICATION RATE ADVANCE PREM RATE ADVANCE PREM LOCATION 001 87635 1 19.276 2188 TILE STONE MARBLE MOSAIC OR TERRAZZO WORK INTERIOR 3 PREMIUM BASIS THOUSANDS OF PAYROLL EXPOSURE 113500 SUBLINE CTR 87748 125 AMENDMENT AGGREGATE LIMITS OF INSURANCE PER PROJECT PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 87780 150 CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS BLANKET ADDL INSUREDS PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 87830 82 CONTRACTORS OCCURRENCE DEFINITION PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 87865 0.743 0 CONTRACTORS SUBCONTRACTED WORK PREMIUM BASIS THOUSANDS OF TOTAL COST EXPOSURE IF ANY SUBLINE CTR DATE OF ISSUE 010918 BPP CONTINUED FORM CG7001A ED.10 12 BPP 102317 017 LN 4D86389 1901 IARBLE MOSAIC OR INTERIOR 3 S PAYROLL GREGATE LIMITS OF. PROJECT S | 2 |
MNEMC INSURANCE PAGE 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4D8 63 89 SKILLEDSET FLOORING AND WALLS EFF DATE 011018 EXP DATE 011019 19 SCHEDUTLE POLICY LEVEL COVERAGES PREMIUM FOR CERTIFIED ACTS OF TERRORISM 23.00 TOTAL ESTIMATED POLICY PREMIUM 2868.00 1 OTHER THAN NOT FOR PROFIT 2 NOT FOR PROFIT 3 INCLUDING PRODUCTS AND OR COMPLETED OPERATIONS UNLESS OTHERWISE EXCLUDED 4 PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 5 A 250 PD DEDUCTIBLE PER CLAIM APPLIES TO CUSTOMERS AUTOS UNLESS OTHERWISE DESIGNATED BY THIS CLASSIFICATION CODE 6 FOR SPRAY PAINTING OPERATIONS A PD DEDUCTIBLE OF 250 PER CLAIM APPLIES UNLESS A HIGHER DEDUCTIBLE IS OTHERWISE DESIGNATED FOR THIS CLASSIFICATION CODE LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED RATED LOCATIONS LOC 001 1009 JONES ST OMAHA NE 68102 2913 ALL OTHER LOCATIONS 14910 GROVER ST STE 200 OMAHA NE 68144 DATE OF ISSUE 010918 BPP FORM CG7001A ED.10 12 BPP 102317 017 LN 4D86389 1901 CLASSIFICATION CODE LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED RATED LOCATIONS LOC 001 1009 JONES ST OMAHA NE 68102 2913 ALL OTHER LOCATIONS 14910 GROVER ST STE 200 OMAHA NE 68144 ALL OTHER LOCATIONS 14910 GROVER ST STE 200 OMAHA NE 68144 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 3 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 0f 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by orfor i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 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. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. iii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed wunder any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operaton of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 2 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 6. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. 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. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
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