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COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or 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 expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract o. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 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 stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members 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 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 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 advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of 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 against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitted 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 provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium 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. c. 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 a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured 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 Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage 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 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. lmpaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 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 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of 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 to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 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. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20100413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG201004 13 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Completed Operations Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20370413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 0514 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 As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions 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 patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. 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 person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. 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 person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 21060514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal 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. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21700115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21760115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE COVERAGE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured And Mailing Address Policy Period Description Of Business And Location Coverages And Limits Of Insurance SECTION COVERAGES Coverage A Bodily Injury And Property Damage Liability Coverage B Personal And Advertising Injury Liability Coverage C Medical Payments Supplementary Payments..................... SECTION Il WHO ISAN INSURED............ SECTION Il LIMITS OF INSURANCE................ it Insuring Agreement. Exclusions Insuring Agreement.............. Exclusions Insuring Agreement. Exclusions SECTION IV COMMERCIAL GENERAL LIABILITYCONDITIONS........................... Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us Other Insurance.. Premium Audit. Representations Separation Of Insureds..................... Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew... SECTIONV DEFINITIONS.................. COMMON POLICY CONDITIONS Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS If Any Beginning on Page CG700310 13 Page 10f 1 | 2 |
Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED PROPERTY DAMAGE COVERAGE Schedule Limits of Insurance Deductible 5000 Each Occurrence 250 Per Claim 25000 Annual Aggregate Insuring Agreement We will pay for loss to personal property of others including the loss of use of such property while in your care custody or control or personal property over which you for any purpose are exercising physical control when 1. loss arises out of operations away from your premises 2. loss is incidental to your normal business operations and 3. you have property damage liability coverage for that business under the coverage form to which this endorse ment is attached. Loss means unintentional damage or destruction but does not include disappearance or obstruction. Exclusions The coverage under this endorsement does not apply to loss to 1. property held by you for servicing repair storage or sale on premises you own rent occupy or otherwise con trol 2. property while being transported by or caused by the ownership maintenance operation use loading or un loading of any automobile watercraft or aircraft 3. property you own rent or occupy 4. real property. Limit of Insurance The limit of insurance stated in the Schedule of Limits as each occurrence is the most we will pay for all damages on account of each claim or suit covered under this endorsement. The limit of insurance stated in the Schedule of Limits as Annual Aggregate is subject to the above provision respecting each claim the total limit of our liability for all damages under this endorsement in any one policy period. Deductible We will not be liable on account of any loss except to the extent such loss is in excess of the deductible amount stated in the Schedule of Limits with the insurance then applying to such excess only subject otherwise to the appli cable limits of insurance. The terms of the policy with respect to your duties in the event of occurrence claim or suit and our right to investi gate negotiate and settle any claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you will promptly reimburse us for any part of the deductible amount as has been paid by us. Settlement In the event of loss covered by this endorsement you will if requested by us replace the property or furnish the labor and materials necessary for repairs at actual cost to you excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced at our option becomes our property. Payment will not constitute an admission of any liability on your part. Other Insurance If any other insurance carried by you applies to a loss covered by this endorsement this endorsement will not ap ply. Nothing herein contained will be held to alter vary or waive any of the agreements conditions or declarations of this policy except as herein stated. Form CG7141 Ed. 5 90 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Il Who Is An Insured is amended to include as an additional insured 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such persons or organizations is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by a. Your acts or omissions or b. The acts or omissions of those acting on your behalf in the performance of a. your ongoing operations for the additional insured or b. Your work for the additional insured and included in the products completed operations hazard. However the insurance afforded to such additional insured described above a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.. With respect to the insurance afforded to these additional insureds the exclusion applies This insurance does not apply to bodily injury property damage and personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports following additional E. This endorsement modifies the insurance provided under the following surveys field orders change orders or drawings and specifications or b. Supervisory inspection engineering activities. 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 the insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or described in Paragraph A.1. 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. The following is added to the Other Insurance Condition and supersedes any provision to the contrary Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. architectural or agreement CG7174.310 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE Section Ill applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office Inc. with its permission. Form CG7429 Ed. 11 98 Copyright Insurance Services Office Inc. 1984 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Section Coverage A Exclusion a. is amended as follows a. Bodily injury or property damage expected or intended from the standpoint of an insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. NON OWNED WATERCRAFT Section Coverage A Exclusion g.2 is amended as follows 2 A watercraft you do not own that is a Less than 60 feet long and b Not being used to carry persons or property for a charge EXTENDED PROPERTY DAMAGE COVERAGE Section Coverage A Exclusions j.3 and 4 is amended to add the following Paragraphs 3 and 4 of this exclusion do not apply to tools or equipment loaned to you provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible 5000 Each Occurrence 250 Per Claim 10000 Annual Aggregate a. The each occurrence limit listed above is the most we will pay for all damages because of property damage to property in the care custody and control of or property loaned to an insured as the result of any one occurrence regardless of the number of 1 insureds 2 claims made or suits brought 3 persons or organizations making claims or bringing suits. The aggregate limit listed above is the most we will pay for all damages because of property damage to property in the care custody and control of or property loaned to an insured during the policy period. Any payment we make for damages because of property damage to property in the care custody and control of or property loaned to an insured will apply against the General Aggregate Limit shown in the declarations. b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification by us you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one occurrence only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance whether primary excess contingent or any other basis. Since insurance provided by this endorsement is excess we will have no duty to defend any claim or suit to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or 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. PROPERTY DAMAGE ELEVATORS Section Coverage A.2. Exclusions paragraphs j3 j4 j.6 and k. do not apply to use of elevators. This insurance afforded by this provision is excess over any valid and collectible property insurance including any deductible available to the insured and Section IV Commercial General Liability Conditions Paragraph 4. Other Insurance is changed accordingly. CGT5786 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f6 | 2 |
FIRE LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term hostile fire the word fire includes fire lightning or explosion wherever it appears in the Coverage Form. Under Section Coverage A the last paragraph after the exclusions is replaced with the following Exclusions c. through n. do not apply to damage by fire smoke or leakage from automatic fire protection systems 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 Ill Limits of Insurance. MEDICAL PAYMENTS If Section Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form The requirement in the Insuring Agreement of Coverage C. that expenses must be incurred and reported to us within one year of the accident date is changed to three years.. SUPPLEMENTARY PAYMENTS Supplementary Payments Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following 1.b. Up to 5000 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. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. SUBSIDIARIES AS INSUREDS Section Il Who Is An Insured is amended to add the following 1.f. Any legally incorporated subsidiary in which you own more than 50 of the voting stock on the effective date of this policy. However insured does not include any subsidiary that is an insured under any other general liability policy or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy s limits of liability. BLANKET ADDITIONAL INSUREDS AS REQUIRED BY CONTRACT 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations subject to provisions in Paragraph 2. below hereinafter referred to as additional insured when you and such persons or organizations have agreed in a written contract or written agreement that such persons or organizations be added as an additional insured on your policy provided that the written contract or agreement is a. Currently in effect or becomes effective during the policy period and b. Executed prior to an occurrence or offense to which this insurance would apply. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Wil not be broader than that which you are required by the contract or agreement to provide for such additional insured and c. Applies only if the person or organization is not specifically named as an additional insured under any other provision of or endorsement added to Section Il Who Is An Insured of this policy. As provided herein the insurance coverage provided to such additional insureds is limited to a. Any Controlling Interest but only with respect to their liability arising out of their financial control of you or premises they own maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. b. Any architect engineer or surveyor engaged by you but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In connection with your premises or 2 In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to bodily j property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. CG75786 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 6 | 2 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional services by or for you. Any manager or lessor of a premises leased to you but only with respect to liability arising out of the ownership maintenance or use of that part of a premises leased to you subject to the following additional exclusions This insurance does not apply to 1 Any occurrence which takes place after you cease to be a tenant in that premises. 2 Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Any state or governmental agency or subdivision or political subdivision subject to the following 1 This insurance applies only with respect to the following hazards for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own rent or control and to which this insurance applies a The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures or b The construction erection or removal of elevators or c The ownership maintenance or use of any elevators covered by this insurance. 2 This insurance applies only with respect to operations performed by you or on your behalf for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to a Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or Bodily injury or property damage included within the products completed operations hazard. Any vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business. With respect to the insurance afforded to these vendors the following additional exclusions apply 1 The insurance afforded any vendor does not apply to a Bodily injury or property damage for which any 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 any 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 any 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 any vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Demonstration installation servicing or repair operations except such operations performed at any vendor s premises in connection with the sale of the product 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 any vendor or b b c d e g CGT5786 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 6 | 2 |
h Bodily injury or property damage arising out of the sole negligence of any 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 The exceptions contained in Subparagraphs d or f or ii Such inspections adjustments tests or servicing as any 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 accompanying or containing such products. Any Mortgagee Assignee Or Receiver but only with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. Any Owners Or Other Interests From Whom Land Has Been Leased but only with respect to liability arising out of the ownership maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds the following additional exclusions apply 1 This insurance does not apply to Any occurrence which takes Any hich tak place after you cease to lease that land or b Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Any person or organization from whom you lease equipment but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. Any Owners Lessees or Contractors for whom you are performing operations but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1 Your acts or omissions or 2 The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured. A person s or organization s status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. 2 Bodily injury or property damage occurring after CG75786 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 6 | 2 |
a All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. j Any Grantor of Licenses to you but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when 1. The license granted to you by such persons or organizations expires or 2. Your license is terminated or revoked by such persons or organizations prior to expiration of the license as stipulated by the contract or agreement. k. Any Grantor of Franchise but only with respect to their liability as grantor of a franchise to you. I. Any Co owner of Insured Premises but only with respect to their liability as co owner of any insured premises. m. Any Concessionaires Trading Under Your Name but only with respect to their liability as a concessionaire trading under your name. Any insurance provided to any additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of the sole negligence or willful misconduct of the additional insured or its agents employees or any other representative of the additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits of Insurance If coverage provided to any additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. b This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. COVERAGE FOR INJURY TO CO EMPLOYEES AND OR YOUR OTHER VOLUNTEER WORKERS Section Il Who is an Insured Paragraph 2.a. 1 is amended to add the following e. Paragraphs a b and c do not apply to your employees or volunteer workers with respect to bodily injury to a coemployee or other volunteer worker. Damages owed to an injured coemployee or volunteer worker will be reduced by any amount paid or available to the injured co employee or volunteer worker under any other valid and collectible insurance. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS INCIDENTAL MALPRACTICE Section Il Who is an Insured Paragraph 2.a. 1 d is amended as follows This provision does not apply to Nurses Emergency Medical Technicians or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section Il Who Is An Insured Paragraph 3.a. is replaced by the following 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements.. DAMAGE TO PREMISES RENTED TO YOU Section lll Limits of Insurance Paragraph 6. is replaced by the following Subject to 5.a. above the Damage To Premises Rented To You Limit or 500000 whichever is higher 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 smoke or leakage from automatic protection systems while rented to you or temporarily occupied by you with permission of the owner. MEDICAL PAYMENTS INCREASED LIMITS Section lll Limits of Insurance Paragraph 7. is replaced by the following 7. Subject to Paragraph 5. above 10000 is the Medical Expense Limit we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person unless the amount shown on the Declarations of this Coverage Part for Medical Expense Limit states CGT5786 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 6 | 2 |
a No Coverage or b 1000 or c 5000 or d A limit higher than 10000. O. DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Conditions Paragraph 2. is amended to add the following e. The requirement in Condition 2.a. that 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 applies only when the occurrence or offense is known to 1 You if you are an individual or a limited liability company 2 A partner if you are a partnership 3 A member or manager if you are a limited liability company 4 An executive officer or insurance manager if you are a corporation or 5 Atrustee if you are a trust. f. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to 1 You if you are an individual or a limited liability company 2 A partner if you are a partnership 3 A member or manager if you are a limited liability company 4 An executive officer or insurance manager if you are a corporation or 5 Atrustee if you are a trust. P. PRIMARY AND NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION Section IV Commercial General Liability Conditions Paragraph 4. Other Insurance is amended to add the following This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However if the additional insured has been added as an additional insured on other policies whether primary excess contingent or on any other basis this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. Q. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Conditions Paragraph 6. Representations is amended to add the following If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under the Coverage Form solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. R. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV Commercial General Liability Condition Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. S. MENTAL ANGUISH Section V Definition 3. is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from bodily injury sickness or disease. T. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG75786 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 6 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CGT6442 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY FUNGI OR BACTERIA EXCLUSION NOTICE TO POLICYHOLDERS RESTRICTIONS AND CLARIFICATIONS OF COVERAGE NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY ALL ATTACHED ENDORSEMENTS AND THE DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGE YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE THE PROVISIONS OF THE POLICY SHALL PREVAIL. THIS NOTICE HAS BEEN PREPARED IN CONJUNCTION WITH THE IMPLEMENTATION OF CHANGES TO YOUR POLICY. THIS NOTICE PROVIDES INFORMATION CONCERNING FUNGI OR BACTERIA EXCLUSIONS AND YOUR POLICY. PLEASE READ THIS NOTICE CAREFULLY. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. CG2167 Fungi or Bacteria Exclusion Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is restricted to exclude bodily injury or property damage arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. coverage is clarified to exclude personal and advertising injury or personal injury or advertising injury if defined as such in your policy arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause event material or product contributed in any sequence to the injury. coverage is restricted to exclude clean up costs associated with fungi or bacteria. The exclusion does not apply to fungi or bacteria intended for bodily consumption such as mushrooms. CG3131 Fungi or Bacteria Exclusion Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Part When this endorsement is attached to your policy coverage is restricted to exclude bodily injury or property damage arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause event material or product contributed in any sequence to the injury or damage. coverage is restricted to exclude clean up costs associated with fungi or bacteria. The exclusion does not apply to fungi or bacteria intended for bodily consumption such as mushrooms. G081 4 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
IL 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. 2 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 m | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of the Cancellation Com mon Policy Condition are replaced by the follow ing 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in sured or The determination by the Director of In surance that the continuation of the pol icy could place us in violation of the Ne braska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 1 of 2 a | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 ISO Properties Inc. 2006 IL 02 59 09 07 o | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L70285 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US DESIGNATED ENTITY SCHEDULE 1. Name of Entity 2. Mailing Address 3. Number of Days Notice Information required to complete this Schedule if not shown above will be shown in the Declarations. If we cancel this policy by notice to the first Named Insured for any statutorily permitted reason other than nonpayment of premium notice of such cancellation will be provided to the entity in the Schedule at least the number of days in advance of the cancellation effective date also as shown in the Schedule. If notice is mailed proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. Failure to provide such notice to the designated entity will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us our agents or our representatives. 1L73385 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
ASBESTOS NOTICE The Asbestos Exclusion attached to this policy clarifies our intent not to provide this coverage. It should be noted that by virtue of the Pollution Exclusion little if any coverage is thought to have existed previously. Involvement with asbestos exposures should be directed to highly skilled asbestos contractors andor consultants that have specialized insurance programs. EMC Insurance Companies Form IL8021 Ed. 4 88 | 2 |
COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim or attempt to settle a claim on your own you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 MMSEA P.L. 110 173 go to www.cms.hhs.govMandatorylnsRep or consult with your attorney. 1L85769 09 Page 1 0f 1 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IMPORTANT NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by the Notice nor can it be construed to replace any provision of your policy. You should read your policy including all endorsements and review you Declarations page for complete information on the coverage you are provided. If there is any conflict between the policy and this notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. This Notice provides information concerning the following new endorsements which may apply to your General Liability Businessowners andor Umbrella renewal policies issued by us BP0412 Limitation Of Coverage To Designated Premises Project Or Operation CG2144 Limitation Of Coverage To Designated Premises Project Or Operation When these endorsements are attached to your General Liability or Businessowners policies coverage is limited to specific premises andor projects or operations designated in the Schedule of the endorsement. These endorsements have been revised to explicitly address in the context of a scheduled premises the location wherein e Under Paragraph A. bodily injury or property damage must occur e Under Paragraph B. the following location based offenses must be committed 1. False arrest detention or imprisonment or 2. 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 and e Under Paragraph C. bodily injury must occur. If the previous edition of these endorsements were attached to your policy the attachment of these endorsements may result in a reduction of coverage in the context of a scheduled premises to the extent coverage might have been previously available or provided for bodily injury or property damage that occurs or a location based offense that is committed away from a scheduled premises. CU2111 Limitation Of Coverage To Designated Premises Project Or Operation CU2199 Arkansas Limitation Of Coverage To Designated Premises Project Or Operation CU3401 Colorado Limitation Of Coverage To Designated Premises Project Or Operation CU3402 lllinois Limitation Of Coverage To Designated Premises Project Or Operation CU2198 Connecticut Limitation Of Coverage To Designated Premises Project Or Operation CU2197 North Carolina Limitation Of Coverage To Designated Premises Project Or Operation When this endorsement is attached to your Umbrella policy coverage is limited to specific premises andor projects or operations designated in the Schedule of the endorsement. This endorsement has been revised to explicitly address in the context of a scheduled premises the location wherein e Under Coverage A. bodily injury or property damage must occur and e Under Coverage B. the following location based offenses must be committed 1. False arrest detention or imprisonment or 2. 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. If the previous edition of this endorsement was attached to your policy the attachment of this endorsement may result in a reduction of coverage in the context of a scheduled premises to the extent coverage might have been previously available or provided for bodily injury or property damage that occurs or a location based offense that is committed away from a scheduled premises. 1L87453 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NUMBER MES RIVER INSURANCE COMPANY 00058707 0 41 WEST BROAD STREET. SUITE 300 JAMES RIVER INSURANCE COMPANY 6641 WEST BROAD STREET SUITE 300 RICHMOND VA 23230 AUG 2 6 2013 NAMED INSURED AND MAILING ADDRESS Ritz Asset Group Pickwick LLC 1201 West Redbridge Road Kansas City MO 64114 PRODUCER 20463 Med James Inc. Kansas 8595 College Boulevard Overland Park KS 66210 2. POLICY PERIOD From 07242013 to 07242014 1201 A.M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM IN RELIANCE UPON THE STATEMENTS IN THE APPLICATIONS AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 50000 Any one premises MEDICAL EXPENSE LIMIT Excluded Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS 2000000 AGGREGATE LIMIT RETROACTIVE DATE CG 00 02 ONLY THIS POLICY IS ON A CLAIMS MADE AND REPORTED BASIS WHICH PROVIDES LIABILITY COVERAGE ONLY IF A CLAIM IS FIRST MADE AND REPORTED DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE THIS IS NOT A CLAIMS MADE POLICY ENTER DATE OR NONE F NO RETROACTIVE DATE APPLIES DESCRIPTION OF BUSINESS FORM OF BUSINESS Limited Liability Co BUSINESS DESCRIPTION Private Parking Garage Any one premises Any one person Any one person or organization URY LIMIT ATIONS URS BEFORE THE MCO0001US 05 08 Page 1 of 2 | 2 |
ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY 1 903 McGee 307 E 9th Kansas City MO 64106 CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION PREMIUM ADVANCE NUMBER BASE PREMIUM Parking private 185661 7500.00 Area Terrorism Acceptance l 375.00 TOTAL PREMIUM SUBJECT TO AUDIT S 7875.00 Company Fee 250.00 If checked premium shown is flat and not subject to audit TOTAL SHOWN IS PAYABLE AT INCEPTION Broker Fee 250.00 8125.00 AUDIT PERIOD IF APPLICABLE FREQUENCY Not Applicable ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY See attached schedule A Schedule of Forms THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. MC0001US 05 09 Page 2 of 2 | 2 |
SCHEDULE A FORMS AND ENDORSEMENTS THAT APPLY TO THIS POLICY POLICY NO. 00058707 0 FORM NUMBER DESCRIPTION MC0001US0509 Commercial General Liability Declarations GC0001US0304 Schedule A CG0001 1207 Commercial General Liability Coverage Form AP2103US0607 Minimum Policy Premium MC2105US1005 Deductible Endorsement MC2126US1207 Premium Base Endorsement AP1013US1005 Premium Aucdit Conditions Amended AP2104US1012 Common Policy Conditions AP2107US0403 Binding Arbitration AP2008US0712 Limitation of Coverage to Designated Premises CG0068 0509 Recording and Distribution of Material or Information in Violation of the Law Exclusion CG2136 0305 Exclusion New Entities CG2147 1207 Employment Related Practices Exclusion CG2167 1204 Fungi or Bacteria Exclusion 1L0021 0702 Nuclear Energy Liability Exclusion Endorsement Broad Form AP2029US1210 Combined Policy Exclusions AP2031US0411 Exclusion Cross Suits AP2036US1105 Absolute Pollution and Pollution Related Liability Exclusion AP2111US1105 Exclusion Punitive Damages GC2131U8 0403 Fiduciary Exclusion GC2141U8 0107 Exclusion Construction Activities MC2139US0403 Exclusion Coverage C Medical Payments CG2176 0108 Exclusion of Punitive Damages Related to a Certified Act of Terrorism AP2119US0912 Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses from Certified Acts of Terrorism AP5028A0108 Disclosure of Premium Pursuant to Terrorism Risk Insurance Act AP0100US0403 Privacy Policy DESCRIPTION GCO0001US 03 04 10f1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00011207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An In sured. 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 be comes 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 in surance does not apply. We may at our discre tion investigate any occurrence and seftle any claim or suit that may result. But 1 The amount we will pay for damages is limited s described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tiements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage oceurs 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 oc currence or claim knew that the bodily in jury 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 con tinuation 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 oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resumption of that bodily injury or property damage af ter 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 un der Paragraph 1. of Section Il Who Is An In sured 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 in surer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to ocour. CG 00011207 IS0 Properties Inc. 2006 Page1of16 O | 0 |
e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract 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 subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute res olution 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 un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damag es with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Page 20of 16 SQ Properties Inc. 2006 CG 00011207 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your pol icy as an additional insured with re spect 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 in sured other than that additional in sured or ifi Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Atorfrom any premises site or location which is or was at any time used by or for any insured or others for the han diing storage disposal processing or treatment of waste c Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for 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 in directly on any insured s behalf are per forming operations if the pollutants are brought on or to the premises site or lo cation in connection with such opera tions by such insured contractor or sub contractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels ubricants 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 re lease of the fuels lubricants or other operating fluids or if such fuels lub ricants 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 per formed 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 connec tion with operations being performed by you or on your behalf by a con tractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming 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 ef fects of pollutants CG 00011207 ISO Properties Inc. 2006 Page 3 of 16 m | 1 |
5 Bodily injury or property damage arising out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li censed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment 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 govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority 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 restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 3 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 re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of poliutants or Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of poliutants. 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 govern mental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft 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 employ ment 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 entrust ment to others of any aircraft auto or water craft 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 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or b Page 4 of 16 ISO Properties Inc. 2006 CG 0001 1207 m | 1 |
5 That particular part of real property on which you or any contractors or subcontrac tors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or 6 That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed 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 con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises 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 exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 8 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage aris es was performed on your behalf by a subcon tractor. 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 danger ous 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 ac cidental 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 ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement 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 ad vertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information CG 00011207 SO Properties Inc. 2006 Page 5 of 16 | 1 |
Exclusions. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the own er. 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 be comes 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 per sonal and advertising injury to which this in surance does not apply. We may at our discre tion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and ad vertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period.. 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 li ability for damages that the insured would have inthe absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied con tract 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 per formance 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 advertise ment. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patert trade mark trade secret or other intellectual property rights. Under this exclusion such other intellec tual property rights do not include the use of another s advertising idea in your advertise ment. However this exclusion does not apply to in fringement in your advertisement of copy right 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 Page 6 of 16 I1SO Properties Inc. 2006 CG 00011207 o | 1 |
3 An Internet search access content or service provider. However this exclusion does not apply to Par agraphs 14.a b. and c. of personal and ad vertising 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 advertis ing broadcasting publishing or telecasting.. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured 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 mis lead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape 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 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 govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. 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 govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental.au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising direct ly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy peri od b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devic es and 3 Necessary ambulance hospital sional nursing and funeral services. profes CG 00011207 IS0 Properties inc. 2006 Page 7 of 16 m | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured Toany insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu pies. 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 work ers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed opera tions hazard gd. Coverage A Exclusions Excluded under Coverage A. 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 in terest based on that period of time after the of fer. 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 depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that SUPPLEMENTARY PAYMENTS COVERAGES A no conflict appears to exist between the inter AND B ests of the insured and the interests of the 1. We will pay with respect to any claim we investi Indemnitee gate 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 fumish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing 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 expenses taxed against the insured. e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and c ly JUTv provided under a work isability benefits law or a s for the bodil ile practicing instructing physical exercises or tic contests. Operations Hazard ducts completed opera s age A. TS COVERAGES A to any claim we investi Page 8 of 16 ISC Properties Inc. 2006 CG 0001 1207 m | 1 |
b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance Qur obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Ii WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business.. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their du ties as your officers or directors. Your stock holders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their du ties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these em ployees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited li ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volun teer worker as a consequence of Para graph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or 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 con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any mem ber if you are a limited liability company b c CG 00011207 ISO Properties Inc. 2006 Page9of16 0O | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager.. Any person or organization having proper temporary custody of your property if you 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 repre sentative 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 In sured if there is no other similar insurance availa ble to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 6. above the Medical Ex pense Limit is the most we will pay under Cover age 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 obliga tions 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 pos sible 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 ought or Page 10 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
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 no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be fiable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed seitlement 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 ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obli gations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insur ance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rent ed to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Dam age Liability. b Any other primary insurance available to you covering liability for damages aris ing out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer de fends we will undertake to do so but we will be entited to the insured s rights against all those other insurers. CG 00011207 S0 Properties Inc. 2006 Page 11 of 16 a | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other in surance 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method al s0. Under this approach each insurer contrib utes equal amounts until it has paid its applica ble limit of insurance or. none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable lim it of insurance to the total applicable limits of c. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others 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 in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. insurance of all insurers. 5. Premium Audit SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the eamed 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 computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon representa tions you made to us and or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Intemet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principaily garaged. However auto does not include mobile equip ment. el Page 12 of 16 ISO Properties Inc. 2006 CG 00011207 | 1 |
3. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting 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 dam age 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 simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a seftlement we agree to. 5. Employee includes a leased worker. Employ ee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be.. Impaired property means tangible properly other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rent ed to you or temporarily occupied by you with permission of the owner is not an insured con tract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection ar chitectural or engineering activities. P CG 0001 1207 ISO Properties Inc. 2006 Page 13 of 16 m | 1 |
10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircratt watercraft or auto b. While it is in or on an aircraft watercraft or auto or. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered but loading or unioading does not include the movement of property by means of a mechanical device other than a hand truck that is not at tached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklits and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own o rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or car g 13. 14. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automabile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building clean ing 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 vehi cle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered au tos. Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecttion. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies 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 or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of priva cy 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. Page 14 of 16 IS0 Properties Inc. 2006 CG 00011207 o | 1 |
15.Poliutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 18.Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your con tract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment or abandoned or unused materials or Products or operations for which the classi fication listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. b c 3 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. 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 com puter 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 in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 18.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed 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 du rability performance or use of your prod uct and. CG 00011207 ISO Properties Inc. 2006 Page 15 of 16 o | 1 |
2 The providing of or failure to provide warn ings or instructions.. Does not include vending machines or other property rented to or located for the use of oth ers 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 du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. IS0 Properties Inc. 2006 Page 16 of 16 CG 00011207 o | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM This endorsement modifies and amends insurance provided under the following ALL COVERAGE PARTS This endorsement sets forth the minimum earned premium for the policy. The minimum earned premium for this policy is calculated in accordance with the following 1. The minimum premium for the policy period is 100 of the total policy premium as shown on the policy declarations page plus any premium adjustment by endorsements and any additional premium developed by audit. Audits that indicate a return premium will not reduce the minimum as stated in paragraph 1. If the insured cancels this policy and the policy is not subject to audit the return premium will be 90 of the unearned policy premium however in no event will the Company retain less than 25 of the minimum premium shown in paragraph 1. above. If the insured cancels this policy and the policy is subject to audit the earned premium will be determined by final audit however in no event will it be less than 25 of the minimum premium as described in paragraph 1. above. If the Company cancels the policy for any reason other than for non payment of premium then the insured will be returned the full amount of the unearned premium without any minimum premium restrictions. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2103US 06 07 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Bodily Injury Liability OR Property Damage Liability OR Personal Advertising Injury OR Damage To Premises Rented To You OR Medical Payments OR Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Combined Amount and Basis of Deductible PERCLAIM or PER OCCURRENCE 2500 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury property damage or personal and advertising injury or medical expenses however caused A. Our obligation under the Bodily Injury Liability Property Damage Liability Personal andor Advertising Injury Medical Payments or any other coverages provided by this policy to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. The deductible amounts stated above will include loss payments adjustments investigative and legal fees and costs all whether or not loss payment is made.. We may select a deductible amount on either a per claim or a per occurrence basis. Our selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. if the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a Under Bodily Injury Liabiiity Coverage to all damages sustained by any one person because of bodily injury b Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage MC2105US 10 05 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Personal Advertising Injury Liability to all damages sustained by any one person or organization because of personal and advertising injury d Under Damage To Premises Rented To You all damages to any one premises while rented to you because of property damage e Under Medical Payments to all medical expenses sustained by any one person or Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses sustained by any one person or organization as the result of any one occurrence or offense. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a Under Bodily Injury Liability Coverage to all damages because of bodily injury b Under Property Damage Liability Coverage to all damages because of property damage Under Personal Advertising Injury Liability to all damages because of personal and advertising injury d Under Damage To Premises Rented To You all damages to any one premises while rented to you because of property damage e Under Medical Payments to all medical expenses because of an accident or f Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses as the result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence or offense The terms of this insurance including those with respect to 1. Our right and duty to defend any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2105US 10 05 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM BASE ENDORSEMENT One or more of the following symbols may be entered under the Premium Base column of the Declarations. These symbols designate the base used for determining your premium. The following is a definition of these symbols when used as a premium base. Symbol Definition Area means The total number of square feet of floor space at the insured premises computed as follows For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following 1. Courts and mezzanine types of floor openings. 2. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 3. Fortenants determine the area they occupy in the same manner as for the entire buildings. The rates apply per 1000 square feet of area. Total Cost means The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work. 2. Allfees bonuses or commissions made paid or due. The rates apply per 1000 of total cost. Admissions means The total number of persons other than employees or the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per admission. Payroll means 1. Remuneration which includes money or substitutes for money. 2. Payroll includes a. Commissions bonuses pay for holidays vacations or periods of illness b. Extra pay for overtime. c. Payments by an employer or amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as Federal Social Security Act MC2126US 12 07 Page 10f 3 | 2 |
Payment to employees on any basis other than time worked such as piece work profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on comparable accommodations Value of meals and lodging other than an apartment or house received by employees as part of their pay The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay The payroll of all drivers mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment The payroll of executive officers and individual insureds and co partners Fees paid to employment agencies for temporary personnel provided to the insured 1. Payroll does not include a. b. c. d Tips and other gratuities received by employees Payments by an employer to group insurance or group pension plans for employees in accordance with the manuals in use by us The value of special rewards for individual invention or discovery Dismissal or severance payments except for time worked or accrued vacation The rates apply per 1000 of payroll. Gross Sales or Receipts means 1. The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for a. Allgoods or products sold or distributed b. Operations performed during the policy period c. Rentals and d. Dues or fees. 2. Inclusions The following items shall not be deducted from gross sales a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and f. Repossession of items sold on installments amount actually collected. 3. Exclusions The following items shall be deducted from gross sales a. Sales or excise taxes which are collected and submitted to a governmental division b. Credits for repossessed merchandise and products returned. c. Allowances for damaged and spoiled goods d. Finance charges for items sold on installments e. Freight charges on sales if freight is charged as a separate item on customers invoice and. Royalty income from patent rights or copyrights which are not product sales. MC2126US 12 07 Page 2 of 3 | 2 |
The rates apply per 1000 of gross sales. Each means The basis of premium involves units of exposure and the quantity comprising each unit of exposure is indicated in the Declarations such as per acre. The rates apply per unit of exposure. Unit means A single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. The rates apply per each unit. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2126U8 12 07 Page 30of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT CONDITIONS AMENDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS COVERAGE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Item 5. Premium Audit is deleted and replaced with the following 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium 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 c. 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. We have the right but not the obligation to conduct physical audit of records needed for premium computation after the expiration of this policy. d. Your refusal to maintain or provide needed records or to allow us to conduct a physical audit of needed records will result in our developing and calculating a final audit premium based on information available to us and without your cooperation. if final premium audits calculated without your cooperation result in additional premium you are obligated to pay such additional premium. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP1013US 10 05 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS All Coverage Parts in this policy are subject to the following Conditions. 1. CANCELLATION AND NON RENEWAL A. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. B. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. C. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. E. Ifthis policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata unless cancellation is due to non payment of premium in which case the refund may be less than pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not madie or offered a refund. o F. If notice is mailed proof of mailing will be sufficient proof of notice. If we elect not to renew this policy we shall mail written notice to the First Named Insured at the address shown in the Declarations. Such written notice of non renewal shall be mailed at least 30 days prior to the end of the policy term 2. 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. 3. 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 policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 4. REPRESENTATIONS By accepting this policy you agree A. The statements in the Declarations are accurate and complete B. Those statements are based upon representations you made to us and C. We have issued this policy in reliance upon your representations. 5. SERVICE OF SUIT It is agreed that in the event of the failure of this Company to pay any amount claimed to be due hereunder this Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. Itis further agreed that service of process in such suit may be made upon the Company s President or his nominee at the address shown on the Declarations page of this policy and that in any suit instituted against any one of them upon this policy this Company will abide by the final decision of AP2104Us 10 12 Page 1 of 2 | 2 |
such Court or of any Appellate Court in the event of an appeal. The above named is authorized and directed to accept service of process on behalf of this Company in any such suit andor upon the request of the insured to give a written undertaking to the insured that it or they will enter a general appearance upon this Company s behalf in the event such a suit shall be instituted. Further pursuant to any statute of any state teritory or district of the United States of America which makes provision therefore this Company hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process inany action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. TERMS CONDITIONS AND PREMIUM On each renewal continuation anniversary of the effective date of the policy or on an annual basis the Company will determine the rate and premium andor amend the terms and conditions in accordance with the rates and rules then in effect. 7. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. In Witness Whereof this Company has executed and attested these presents but this policy shall not be valid unless signed by duly authorized representatives of this Company. VICE PRESIDENT PRESIDENT B e JirA Lkt Jlidect Zobt AP2104US 10 12 Page 2 0f 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BINDING ARBITRATION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS Should we and the insured disagree as to the rights and obligations owed by us under this policy including the effect of any applicable statutes or common law upon the contractual obligations otherwise owed either party may make a written demand that the dispute be subjected to binding arbitration. When such a request is made The American Arbitration Association shall be used with each party selecting an arbitrator from the list of qualified arbitrators for insurance coverage disputes provided by that Association. The two chosen arbitrators shall select a third arbitrator from the same list if they can not agree to a selection The American Arbitration Association shall make the selection for them. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and of the arbitration process. A decision agreed to by two of the arbitrators will be binding. Inthe event you prevail in the arbitration and we promptly offer to you arbitration costs and reasonable attorney fees incurred in connection therewith in addition to the disputed contract benefit you shall have no right to sue us for breach of implied covenants or unreasonable withholding of contract benefits. To the extent that we prevail in the arbitration the arbitrators may award us any expenses andor damages incurred or paid under reservation of rights in excess of our contract obligations as determined by the arbitrators. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2107US 04 03 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABIITY COVERAGE PART COMMERCIAL EXCESS LIABIITY COVERAGE SCHEDULE Premises Loc n 1 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of the premises shown in the above Schedule. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2008US 07 12 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec B. Exclusion p. of Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Proper tion I Coverage B Personal And Advertising ty Damage Liability is replaced by the following Injury Liability is replaced by the following 2. Exclusions 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to 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 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 3 4 This insurance does not apply to p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising di rectly or indirectly out of any action or omis sion 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 Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 4 Page 1 of 1 o CG 00 68 05 09 Insurance Services Office Inc. 2008 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21360305 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW ENTITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3. of Section Il Who Is An Insured does not apply. CG 213603 05 1SO Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Person al And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage.. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or as sessing the effects of fungi or bacteria by any insured or by any other person or enti ty This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardiess of whether any other cause event material or product contributed con currently or in any sequence to such injury b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. age which vhole or in d or threat of contact or presence or within a ts contents her cause ibuted con such injury ising out of 1 g Cleaning g detoxify r disposing o or as om barin by CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 o | 2 |
iL 0021 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nucle ar energy liability policy issued by Nuclear Energy Liability Insurance Association Mu tual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an B. Under any Medical Payments coverage to expenses incurred with respect to bodily inju ry resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material ais at any nuclear 2 insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this palicy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. 3 facility owned by or operated by or on be half of an insured or b has been dis charged 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 insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri torles or possssswons or Can let Y B. Under any Medical Payments coverage to expenses incurred with respect to bodily inju ry resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in 3 spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. IL 0021 07 02 ISO Properties Inc. 2001 Page 1 of 2 o | 2 |
c Any equipment or device used for the pro cessing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutoni um or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioac tive contamination of property. C 2. Asused in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial 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. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nucle ar facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste IS0 Properties Inc. 2001 Page 2 of 2 IL 00 21 07 02 m | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINED POLICY EXCLUSIONS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The following exclusions are added to this policy ABSOLUTE ASBESTOS LEAD OR SILICA EXCLUSION Injury or damages including any claim or suit arising out of resulting from caused or contributed to by Asbestos Lead or Silica is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising or alleged to have arisen out of same including but not limited to any a. Bodily injury personal and advertising injury property damage or damages of any type arising out of the inhalation ingestion physical exposure to absorption of or toxic substances of or from Asbestos Lead or Silica in any form or from any goods products or structures containing same or property damage or devaluation of property arising from any form of same or b. Existence of Asbestos Lead or Silica in any form in occupancy or construction or the manufacture sale transportation handling storage disposal or removal of same or goods or products containing same or c. Loss cost expense fines andor penalties arising out of any 1 request demand order governmental authority or directive or that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or inany way respond to or assess the effects of Asbestos Lead or Silica or 2 any litigation or administrative procedure in which any insured or others may be involved as a party in response to the effects or alleged effects of Asbestos Lead or Silica or d. Supervision instructions recommendations requests warnings or advice given or which should have been given as well as any costs including but not limited to abatement mitigation removal containment treatment detoxification neutralization or disposal of same or in any way responding to or assessing the effects of same or e. Actual or alleged Asbestosis Lead poisoning Silicosis or any other similar condition. This exclusion applies regardless of whether a. Injury or damage claimed is included within the products completed operations hazard of the policy or b. An alleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission CLAIMS IN PROGRESS EXCLUSION a. This policy does not apply to bodily injury personal and advertising injury or property damage which begins or takes place before the inception date of coverage whether such bodily injury personal and advertising injury or property damage is known to an insured even though the nature and extent of such damage or injury may change and even though the damage may be continuous progressive cumulative changing or evolving and even though the occurrence causing such bodily injury personal and advertising injury or property damage may be or may involve a continuous or repeated exposure to substantially the same general harm. AP2029US 12 10 Page 1 of 2 | 2 |
All property damage to units of or within a single project or development and arising from the same general type of harm shall be deemed to occur at the time of damage to the first such unit even though the existence nature and extent of such damage or injury may change and even though the occurrence causing such property damage may be or involve a continuous or repeated exposure to substantially the same general harm which also continues or takes place in the case of repeated exposure to substantially the same general harm during the policy term. DISCRIMINATION EXCLUSION Discrimination charges of any kind actual and alleged are not covered under this policy nor are any expenses or obligation to share damages with or repay another who must pay damages from same. DAMAGES LIMITATION Damages mean a monetary judgment award or settlement. Damages do not include a. Civil or criminal fines sanctions or penalties whether imposed pursuant to statute or otherwise or b. Judgments or awards arising from acts or omissions deemed uninsurable by law or c. The restitution of consideration or expense paid to you for professional services rendered or which should have been rendered or d. Disputed fees or any actual or alleged personal profit or advantage to which you are not legally entitled or e. Equitable or non pecuniary relief. DUTY TO DEFEND EXCLUSION Where there is no coverage under this policy there is no duty to defend. PROFESSIONAL LIABILITY EXCLUSION Professional liability malpractice errors omissions or acts of any type including rendering or failure to render any type of professional service is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same unless such coverage is specifically endorsed onto this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2029US 12 10 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CROSS SUITS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS This insurance does not apply to bodily injury property damage or personal and advertising injury or any other claim for damages brought by any insured covered by this policy against any other insured that has an ownership interest in is operated controlled or managed by oris a parent subsidiary or affiliate of any such insured. This exclusion does not apply to any additional insured added to this policy by endorsement if such additional insured is 1. specifically named in the Schedule of such endorsement or 2. anindemnitee in a written contract or written agreement between any Named Insured and any additional insured signed before the date of the first occurrence or first offense and requiring the Named Insured to add such indemnitee as an additional insured Provided such additional insured a. is not a parent subsidiary or affiliate of the Named insured b. does not have any ownership interest in the Named insured. is not owned operated controlled or managed by the Named insured ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2031US 04 11 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION AND POLLUTION RELATED LIABILITY EXCLUSION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The following exclusion is added to this policy. If the policy already includes a pollution exclusion or a poliution related exclusion such exclusions isare deleted and replaced with the following Pollution environmental impairment contamination is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising out of or alleged to have arisen out of same. Al liability and expense arising out of or related to any form of pollution whether intentional or otherwise and whether or not any resuiting injury damage devaluation cost or expense is expected by any insured or any other person or entity is excluded throughout this policy. This insurance does not apply to any damages claim or suit arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants including but not limited to any a. Bodily injury personal and advertising injury property damage or damages for the devaluation of property or for taking use or acquisition or interference with the rights of others in or on property or air space or any other type injury or expense or b. Any loss cost expense fines andor penalties arising out of any 1 request demand order governmental authority or directive or that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess same the effects of pollutants environmental impairments contaminants or 2 any litigation or administrative procedure in which any insured or others may be involved as a party as a result of actual alleged or threatened discharge dispersal seepage migration release escape or placement of pollutants environmental impairments or contaminants into or upon land premises buildings the atmosphere any water course body of water aquifer or ground water whether sudden accidental or gradual in nature or not and regardless of when. This exclusion applies regardless of whether a. Injury or damage claimed is included within the products completed operations hazard of the policy or b. Analleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission. AP2036US 11 05 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following definition is added to the policy. Ifthe policy already includes a definition of pollutants such definition is deleted and replaced with the following Pollutants mean any solid liquid gaseous fuel lubricant thermal acoustic electrical or magnetic irritant or contaminant including but not limited to smoke vapor soot fumes fibers radiation acid alkalis petroleums chemicals or waste. Waste includes medical waste biological infectants and all other materials to be disposed of recycled stored reconditioned or reclaimed. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2036US 11 05 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PUNITIVE DAMAGES This endorsement modifies insurance provided under the following ALL COVERAGE PARTS COMBINED POLICY EXCLUSIONS DAMAGES LIMITATION EXCLUSION is deleted in its entirety and replaced with the following Damages mean a monetary judgment award or settlement. Damages do not include a. b. c. Civil or criminal fines sanctions or penalties whether imposed pursuant to statute or otherwise or Judgments or awards arising from acts or omissions deemed uninsurabie by law or The restitution of consideration or expense paid to you for professional services rendered or which should have been rendered or Disputed fees or any actual or alleged personal profit or advantage to which you are not legally entitled or Punitive or exemplary damages and the multiplied portion of multiplied damages or Equitable or non pecuniary relief. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AP2111US 11 05 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIDUCIARY EXCLUSION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS This policy does not apply to any claim arising out of the 1. Coercion conversion or misappropriation of others funds or property 2. Any dishonest fraudulent criminal malicious acts or omissions of the insured partner or employee or any person for whom you are legally responsible or 3. Any activities or operations performed in the capacity of a fiduciary. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GC2131Us 04 03 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION CONSTRUCTION ACTIVITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or related to any construction demolition reconstruction building rebuilding or development of any kind on the insured premises. However this exclusion shall not apply to badily injury property damage or personal and advertising injury arising out of routine and regular maintenance activities performed by the insured s employees on the insured premises. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GC2141US 01 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ALL PREMISES AND CLASSIFICATIONS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement With respect to any premises or classification shown in the Schedule 1. Section Coverage C Medical Payments does not apply and none of the references to it in the Coverage Part apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2139US 04 03 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages.. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion CG 21760108 ISO Properties Inc. 2007 Pagelof1 O | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MARITIME EMPLOYERS LIABILITY POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage terri tory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In de termining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the pur pose of determining whether this exclusion will apply to that incident B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or policy to which this endorsement is applicable and may include but is not limited to bodily injury property damage personal and advertising injury or other type of injury or damage to which this policy applies provided such other type of injury or damage is defined in the applicable Cover age Part or Policy. Page 10of 2 AP2119US 09 12 | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a Anair carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardiess of where the loss occurs or b The premises of any United States mission and c. The actis a violent act or an act that is dangerous to human life property or infrastructure and is com mitted 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. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastruc ture that is committed by an individual or individuals and that appears to be part of an effort to coerce a ci vilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident.. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part or Policy.. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer de ductible 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 sub ject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. 1 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2119US 08 12 Page 2 of 2 | 2 |
DISCLOSURE OF PREMIUM PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium Certified Acts 375.00 This premium is the total premium attributable to insured losses under the Federal Terrorism Risk In surance Act Information required to complete this Schedule if not shown above will be shown in the Declarations A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice dis closing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terror ism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement 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. The federal share of losses equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to ter rorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. 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 ex ceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deducti ble 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. Page 1 of 1 Includes copyrighted material of ISO Properties Inc. 2006 used with permission AP5028A 01 08 | 2 |
JAMES RIVER INSURANCE COMPANY Privacy Policy We do not sell customer information to nonaffiliated third parties and we do not share customer information with nonaffitiated third parties except those parties who perform contractual services for us and parties to which we are authorized to provide information by law. In addition when we provide information to affiliates or non affiliates we limit those disclosures to information about your transactions and experiences with us and to disclosures otherwise permitted by law. You do not need to take any action to prevent us from selling or sharing information we obtain about you. We use security measures and training in our effort to protect the customer information we collect. We protect the information we obtain about you by maintaining physical electronic and procedural safeguards. We collect the following types of information about you when you purchase or use our products and services. Most of the information that we obtain about you comes directly from you such as through the insurance applications you submit when requesting insurance products. These applications and other inquiries we make of you allow us to learn information that we may use to contact you in the future such as your name address telephone number and e mail address. In addition insurance applications and other information you provide enables us to determine the type and value of your insured property the types of insurance coverages you have or in which you might be interested and similar information If you visit an Internet site that we maintain we might request or obtain information that will enable us to identify you as a registered user such as your name a user identification name a password password reminders and your Internet service provider. We might use a cookie to retain some of this information. We also might obtain information about your operating system web browser and similar information to enable us to improve the operation of our site. When we consider products and services in which you may be interested we often review information that we have about your past transactions with us or our affiliates such as your existing or former policy coverages premiums and payment history. In addition we may leam information about your transactions with nonaffiliated third parties including the types of products or services you obtained from them and your experiences with them. Finally we may obtain other information from third parties that has a bearing upon your eligibility for the products or services you seek from us. This information may include your credit report or information about your creditworthiness or other information maintained by consumer reporting agencies. We provide customer information only to our affiliates and to nonaffiliates that must protect your customer information. We also may provide information as mentioned in this notice to nonaffiliated third parties that perform services for us or perform functions on our behalf such as marketing and research or to other financial institutions with which we have joint agreements for activities such as marketing. By law our contracts with these parties must prevent them from using the information they receive about you except as described in this notice. Finally we may share customer information as permitted by applicable law. This means that we will share information with parties as necessary to affect administer or enforce transactions that you request. For example we might provide information to a company that processes prints and mails our insurance policies to you or to a company that adjusts claims under your policies. We also might disclose customer information to other entities specified by law such as insurance advisory organizations our attorneys and accountants consumer reporting agencies or civil and regulatory authorities. Federal law sets the limitations on these types of disclosures. We strive to keep our records as accurate as possible. We attempt to maintain accurate records about you and we will gladly make appropriate corrections when you notify us. OFf course we do not control the accuracy of information gathered and provided by third parties and you may need to notify third parties directly if you believe that any information. we received from them is inaccurate. You may request the name and address of any consumer reporting agency from which we obtain a report on you. You then may contact that consumer reporting agency to request a copy of the report it makes or to advise of any changes to the information they maintain and report. We will provide one copy of this Privacy Policy to joint contract holders. Please share this information with everyone covered under your policy or contract. APO100US 04 03 Page 1 of 1 | 2 |
.. qy Lloyd s Certificate This InsUrance i effected with certain Underwriters at Lloyd s London. This Certificate isissued in accordance with the limited authorization granted to the Correspondent by certain Underwriters at Lloyd s London whose syndicate numbers and the proportions underwritten by them can be ascertained from the office of the said Correspondent such Underwriters being hereinafter called Underwriters and in consideration of the premium specified herein Underwriters hereby bind themselves severally and not jointly each for his own part and not one for another their Executors and Administrators. The Assured s requested to read this Certificate and if it is not correct return it immediately to the Correspondent for appropriate alteration. Allinquiries regarding this Certificate should be addressed to the following Correspondent Euclid Enviant LLC CERTIFICATE PROVISIONS 1. 2. Signature Required. This Certificate shall not be valid unless signed by the Correspondent on the attached Declaration Page. Correspondent Not Insurer. The Correspondent is not an Insurer hereunder and neither is nor shall be liable for any loss or claim whatsoever. The Insurers hereunder are those Underwriters at Lloyd s London whose syndicate numbers can be ascertained as hereinbefore set forth. As used in this Certificate Underwriters shall be deemed to include incorporated as well as unincorporated persons or entities that are Underwriters at Lloyd s London. Cancellation. If this Certificate provides for cancellation and this Certificate is cancelled after the inception date earned premium must be paid for the time the insurance has been in force. Assignment. This Certificate shall not be assigned either in whole or in part without the written consent of the Correspondent endorsed hereon. Attached Conditions Incorporated. This Certificate is made and accepted subject to all the provisions conditions and warranties set forth herein attached or endorsed all of which are to be considered as incorporated herein. Short Rate Cancellation. If the attached provisions provide for cancellation the table below will be used to calculate the short rate proportion of the premium when applicable under the terms of cancellation. SLC3 USA NMA2868 24082000 | 2 |
Short Rate Cancellation Table For Term of One Year. Days Insurance in Force 59 62 2 mos. 63 65.. Days Insurance in Force 66 70 74 77 81 84 88 92 95 99 103 106 110 14 17 121 125 128 132 136 139 143 147 150 Per Cent of one year Premium 124 4 mos. 127... 135. 138 142. 146. 149. 153 5 mos..... Days Per Cent Insurance in of one year Force Premium 154 156 53 157 160 161 164 165 167 168 171 172 175 176 178 179 182 6 mos 183 187 188 191 192 196 197 200 201 205 206 209 210 214 7 mos 215 218 219 223 224 228 229 232 233 237 54 247 250.. 251 255.. Rules applicable to insurance with terms less than or more than one year A. If insurance has been in force for one year or less apply the short rate table for annual insurance to the full annual premium determined as for insurance written for a term of one year. B. Ifinsurance has been in force for more than one year Days Per Cent Insurance in of one year Force Premium 256 260.. L T7 261 264...78 265 269....79 270 273 9 mos. 274 278... 279 282. 283 287. 288 291. 292 29. 297 301. 302 305 10 mos. 306 310.. 311 314 315 319. 320 323. 324 328. 329 332. 333 337 11 mos. 338 342. 343 346. 347 351. 352 355. 356 360.. 361 365 12mos..... 1. Determine full annual premium as for insurance written for a term of one year. 2. Deduct such premium from the full insurance premium and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the policy was originally written. 3. Add premium produced in accordance with items 1 and 2 to obtain earned premium during full period insurance has been in force. LLOYDS One Lime Street London EC3 M 7HA | 2 |
TEXAS IMPORTANT NOTICE To obtain information or make a complaint TEXAS IMPORTANT NOTICE To obtain information or make a complaint You may call the company s telephone number for information or to make a complaint at 1646 787 0166 You may write the Company at Enviant 250 Park Avenue Suite 700 New York NY 10177 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance PO Box 149104 Austin TX 78714 9104 FAX 512 490 1007 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. TEXAS AVIOS IMPORTANTE Para obtener informacion o para presenter una queja Puede llamar al nimero de telfono de la compaiiia para obtener informacin o presentar una queja en 1646 787 0166 Usted Tambien escribir a Enviant 250 Park Avenue Suite 700 New York NY 10177 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacin sobre compaiiias coberturas derechos o quejas en 1 800 252 3439 Puedes escribir el Departamento de Seguros de Texas PO Box 149104 Austin TX 78714 9104 FAX 512 490 1007 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us DISPUTAS PREMIUM O DE RECLAMO Si tiene una disputa sobre su prima o sobre un reclamo primero debe comunicarse con la compaiiia. Si la disputa no se resuelve puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA Esto la notificacin es solo para informacin y no se convierte en una parte o condicion del documento adjunto. | 2 |
TEXAS SURPLUS LINES NOTICE NOTICE This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of a insert appropriate tax rate percent tax on gross premium. | 2 |
GENERAL AND POLLUTION LIABILITY ENVIRONMENTAL SERVICES SITES GAPLESS POLICY DECLARATIONS Item 1 NAMED INSURED ADDRESS SES Foam LLC 2400 Spring Stuebner Road Spring TX 77389 Item 2 POLICY NUMBER ENVP0000133 20 RENEWAL OF ENVP0000133 19 Item 3 POLICY PERIOD a Inception Date 10012020 b Expiration Date 10012021 1201 a.m. time at your mailing address shown above. c Retroactive Dates Coverage Section 3 07012015 Coverage Section 4 NOT PURCHASED Item 4 PREMIUM a Policy Premium b Premium for Certified Acts of Terrorism Coverage c Total Premium 65325 REJECTED 65325 FORMS ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION SEE SCHEDULE OF FORMS AND ENDORSEMENTS Item 5 GAP OC DC 01 1212018 | 2 |
Item 6 PURCHASED COVERAGES LIMITS OF LIABILITY AND DEDUCTIBLES Coverage is applicable only under purchased Coverages selected below. Deductibles and Limits of Liability are completed only for such purchased Coverages. ICOVERAGE SECTIONS Al PARTS COVERSGE PURCHASED LIMIT OF LIABILITY DEDUCTIBLE Coverage Section 1 Commercial General Liability and Pollution Liability Coverages Coverage 1A General Liability YES 1000000 100000 Damage to Premises Rented to You Limit YES 300000 100000 Any One Premises 300 100 ICoverage 1B Products Pollution Liability YES 1000000 250000 ICoverage 1C Hostile Fire Building Equipment Liability YES 1000000 100000 Cvovr.age 1D Transportation Pollution YES 1000000 250000 Liability Cvovr.age 1E Contractors Pollution YES 1000000 250000 Liability ICoverage 1F Site Time Element Bodil Injury and Property Damage Liability ES 1000000 250000 Coverage 1 G Emergency Response YES 1000000 250000 ICoverage 1H Crisis Management YES 250000 S0 Coverage Section 2 Other Liability Coverages Cverage 2A Personal and Advertising YES 1000000 0 Injury Coverage 2B Medical Payments YES 25000 S0 ICoverage 2C Employee Benefits YES 1000000 0 Administration Liability Coverage Section 3 Site Pollution Condition Liability ICoverage 3A First Party Discovery of On y N. NO NOT PURCHASED NOT PURCHASED Site Pollution Conditions ICoverage 3B Legal Liability for On Site YES 1000000 250000 Clean Up Expense ICoverage 3C Legal Liability for Off Site YES 1000000 250000 Clean Up Expense CoverageI 3D Legal Liability for On Site YES 1000000 250000 Bodily Injury and Property Damage c 3E Legal Liability for Off Sit overage egal Liability for ite YES 1000000 250000 Bodily Injury and Property Damage Coverage Section 4 Professional Liability ICoverage 4 Professional Liability NO NOT PURCHASED GAP OC DC 01 1212018 | 2 |
Item 7. AGGREGATE LIMIT OF LIABILITY a General Aggregate Limit 2000000 b Products Completed Operations Aggregate 2000000 Item 8. NOTICES a Notices to the first named insured SES Foam LLC 2400 Spring Stuebner Road Spring TX 77389 b Notices to the Insurer 1 TNULILES WU MR st. c All other Notices to the Insurer Enviant Claims Services 250 Park Avenue 7 Floor New York NY 10017 Environmental.claimsenviant.com Enviant 250 Park Avenue 7 Floor New York NY 10017 Lockton Companies LLC 444 W. 47th Street Suite 900 Kansas City MO 64112 Item 9. BROKER This Declarations page together with the attached Policy form any Applications Schedules and Endorsements thereto shall constitute the contract between the Insurer and the Insured. November 13 2020 Issued on oy 4 AUTHORIZED REPRESENTATIVE GAP OC DC 01 1212018 | 2 |
r 4 enviant Your environmental risk partner GENERAL AND POLLUTION LIABILITY ENVIRONMENTAL SERVICES SITES GAPLESS POLICY TABLE OF CONTENTS l COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY 1. Insuring Agreements Coverage 1A General Liability Coverage 1B Products Pollution Liability Coverage 1C Hostile Fire Building Equipment Liability Coverage 1D Transportation Pollution Liability Coverage 1E Contractors Pollution Liability Coverage 1F Site Time Element Bodily Injury and Property Damage Coverage 1 G Emergency Response Coverage 1H Crisis Management 2. Exclusions A. Coverage 1A B. Coverages 1B 1H Section 2. OTHER LIABILITY COVERAGES 1. Insuring Agreements Coverage 2A Personal and Advertising Injury Coverage 2B Medical Payments Coverage 2C Employee Benefits Adm 2. Exclusions A. Coverage 2A B. Coverage 2B C. Coverage 2C stration Liability Common Exclusions Applicable to Sections 1. and 2. Defense and Supplementary Payments Sections 1. and 2. Multiple Policies Policy Periods Sections 1. and 2. Section 3. SITE POLLUTION LIABILITY 1. Insuring Agreements Coverage 3A First Party Discovery of On Site Pollution Coverage 3B Legal Liability for On Site Clean Up Expense Coverage 3C Legal Liabi for Off Site Clean Up Expense Coverage 3D Legal Li for On Site Bodily Injury and Property Damage Coverage 3E Legal Liability for Off Site Bodily Injury and Property Damage 2. Exclusions Page HeHH NN | 2 |
Section 4. PROFESSIONAL LIABILITY 1. Insuring Agreement 2. Exclusions Defense and Settlement Coverage Sections 3. and 4. Related Claims Coverage Sections 3. and 4. I1. LIMITS OF LIABILITY AND DEDUCTIBLE 11l WHO IS AN INSURED IV. RIGHTS AND DUTIES OF THE INSURER AND THE INSURED V. EXTENDED REPORTING PERIOD VI. CONDITIONS VII. DEFINITIONS nan nan nan nan 19.0 nan 19.0 nan 19.0 nan nan nan 20.0 nan 21.0 nan nan nan 19.0 nan 21.0 nan 23.0 nan 25.0 nan 25.0 nan 29.0 | 2 |
GENERAL AND POLLUTION LIABILITY ENVIRONMENTAL SERVICES SITES GAPLESS COVERAGE FORM Insured Name SES Foam LLC Policy Number ENVP0O000133 20 NOTICE Coverage Sections 3 and 4 contain Claims Made and Reported coverages and this Policy otherwise contains provisions which restrict coverage and are unique. The insured should read the entire Policy carefully to determine rights duties and what is and is not covered. Bold words and phrases other than headings are defined in Section VII. of this Policy and other terms are also defined throughout the Policy. Throughout this Policy the words you and your mean the Named Insured shown in Item 1. of the Declarations and any other person or organization qualifying as a Named Insured under this Policy. The word insured means any person or organization qualifying as such under Section IlI. of this Policy. The words we us our and the insurer refer to the Company providing this insurance as set forth in Item 8. b of the Declarations. In consideration of payment of premium when due and in reliance upon the application only those purchased Coverages shown in Item 6. of the Declarations are applicable. I. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY 1. Insuring Agreements Under each of Coverages 1A through 1F below the bodily injury property damage or environmental damage must take place during the policy period and the occurrence or pollution condition must take place in the coverage territory. Coverage 1A General Liability We will pay those sums that the insured becomes legally obligated to pay as damages to which this insurance applies because of bodily injury or property damage caused by an occurrence in the coverage territory. Coverage 1B Products Pollution Liability We will pay those sums that the insured becomes legally obligated to pay as damages to which this insurance applies because of bodily injury property damage or environmental damage included in the products completed operations hazard and resulting from a pollution condition caused by your product. Coverage 1C Hostile Fire Building Equipment Liability We will pay those sums that the insured becomes legally obligated to pay as damages to which this insurance applies because of 1 Bodily injury property damage or environmental damage arising out of heat smoke fumes vapor or soot from a hostile fire or 2 Bodily injury sustained within a building and arising out of heat smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or that is used to heat water for personal use by the buildings occupants or their guests in either event caused by an occurrence. Coverage 1D Transportation Pollution Liability Page1of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PLO1 612016 | 0 |
We will pay those sums that the insured becomes legally obligated to pay as damages to which this insurance applies because of bodily injury property damage or environmental damage resulting from a pollution condition caused by transportation. Coverage 1E Contractors Pollution Liability We will pay those sums that the insured becomes legally obligated to pay as damages to which this insurance applies because of bodily injury property damage or environmental damage resulting from a pollution condition caused by your work. Coverage 1F Site Time Element Bodily Injury and Property Damage We will pay those sums that the insured becomes legally obligated to pay as damages to which this insurance applies because of bodily injury or property damage resulting from a pollution condition provided such pollution condition i is on at under or migrating from or through a any non owned location or b any location that is owned occupied managed by or leased or rented to any insured and is not covered under Coverage Section 3 i results in bodily injury or property damage that is demonstrable as having commenced at an identifiable time and place during the policy period iii is discovered no later than twenty 20 calendar days after its commencement and iv is reported to us no later than eighty 80 calendar days after its commencement. Coverage 1 G Emergency Response We will pay emergency response expense that is in response to an imminent and substantial threat to human health or the environment resulting from a pollution condition provided i One or more of Coverages 1D 1E 3A 3B or 3C have been purchased and there is coverage under the applicable coverage sections i The pollution condition first commenced during the policy period and in the coverage territory and iii The emergency response expense is reported to us in accordance with IV. Rights and Duties of the Insurer and Insured of the Policy. Coverage 1H Crisis Management We will pay on behalf of the insured crisis management expense resulting from a crisis management event that first commences during the policy period provided the pollution condition has resulted in or is reasonably likely to result in loss covered under one or more purchased coverages among Coverage Section 1B through 1F or Coverage Section 3. Any advancement of crisis management expense that we make under this coverage will not be a determination of our obligations under the Policy nor create any duty to defend any claim or suit under any other part of this Policy. 2. Exclusions A. In addition to the Common Exclusions Applicable to Coverage Sections 1 and 2 the following exclusions apply to Coverage 1A. This insurance does not apply to a. Asbestos or Lead 1 Bodily injury arising out of the presence ingestion or inhalation or absorption of or exposure to asbestos or lead in any form or Page 2 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
2 Property damage arising out of the presence of or exposure to asbestos or lead in any form. b. 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 i The supervision hiring employment training or monitoring of others by that insured or i 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 or furnishing alcoholic beverages. For the purposes of this Exclusion permitting a person to bring alcoholic beverages 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. c. Mobile Equipment Bodily injury or property damage arising out of i the transporting of mobile equipment by an auto owned or operated by or rented or loaned to any insured or ii use of mobile equipment in or while in practice for or while being prepared for any racing speed demolition or stunting activity. d. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. e. Pollution Bodily injury or property damage or any loss cost or expense arising out of a pollution condition. f. Recording and Distribution of Material in Violation of Statutes Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate i the Telephone Consumer Protection Act TCPA ii the CAN SPAM Act of 2003 iii 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 iv any other statute ordinance or regulation that addresses prohibits or limits the sending transmitting communicating printing dissemination disposal collecting recording or distribution of material or information or v any amendment or addition to such laws identified in i iv. With the exception of Exclusions d and f the foregoing exclusions do not apply to damage by fire to premises while rented to or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Il. LIMITS OF LIABILITY AND DEDUCTIBLE. B. In addition to the Common Exclusions Applicable to Coverage Sections 1 and 2 the following exclusions apply to Coverages 1B 1H. This insurance does not apply to a. Certain Time Element Incidents Page 3 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
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