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Solely with respect to Coverage 1F Site Time Element Bodily Injury and Property Damage bodily injury or property damage resulting from a pollution condition that arises out of 1 an underground storage tank or 2 heat or a pollutant from hostile fire or originating from equipment that is used to heat cool or dehumidify a building or to heat water for personal use by the building s occupants or their guests. b. Identified Underground Storage Tanks A pollution condition arising out of an underground storage tank the existence of which is known by any responsible insured as of the inception date and which is on a covered location unless such underground storage tank is scheduled on an Underground Storage Tank Endorsement attached to and made part of this Policy. This Exclusion does not apply to any underground storage tank which has been closed abandoned in place or removed in accordance with environmental law prior to the inception date. c. Installed Asbestos or Lead Environmental damage arising out of asbestos asbestos containing materials or lead based paint installed or applied in on or to any building or structure including any removal of such materials and disposal thereof. This Exclusion does not apply to 1 environmental damage that arises out of inadvertent disturbance of such installed or applied asbestos or asbestos containing materials or lead based paint 2 in the absence of inadvertent disturbance described in 1 above remediation of soil surface water or groundwater contamination or 3 Coverage 1E Contractors Pollution Liability d. Intentional Non Compliance A pollution condition arising from a responsible insured s intentional noncompliance with environmental law. This Exclusion does not apply to the insured s action taken in good faith in reliance upon written advice of outside counsel received in advance of such noncompliance or in response to an imminent and significant threat to human health or the environment. e. Prior Knowledge Non Disclosure Bodily injury property damage or environmental damage arising out of a pollution condition known by a responsible insured prior to the inception date. This exclusion does not apply if 1 The pollution condition is specifically referenced or identified on a Known Pollution Conditions Amendment Endorsement attached to this Policy or 2 We have been notified in writing of such pollution condition during the policy period of policy previously issued by us. f. Waste Disposal Bodily injury property damage or environmental damage arising out of disposal of any products or materials including waste delivered for the purpose of treatment storage processing recycling or disposal at any location not owned or operated by or leased or rented to any insured. This exclusion does not apply to Coverage 1E Contractors Pollution Liability and Coverage 1F Site Time Element Bodily Injury and Property Damage. Section 2. OTHER LIABILITY COVERAGES Page 4 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
1. Insuring Agreements Coverage 2A Personal and Advertising Injury We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies and caused by an offense that arises out of your business but only if the offense was committed during the policy period in the coverage territory. Coverage 2B Medical Payments We will pay medical expenses for bodily injury caused by an accident on premises you own or rent or on ways next to such premises or because of your operations provided i the accident takes place during the policy period and in the coverage territory i the medical expenses are incurred and reported to us within one year of the date of the accident and iii the injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. We will pay reasonable expenses for i first aid administered at the time of an accident i necessary medical surgical x ray and dental services including prosthetic devices and iii necessary ambulance hospital professional nursing and funeral services. Coverage 2C Employee Benefits Administration Liability We will pay those sums that the insured becomes legally obligated to pay as damages because of a wrongful act in the administration of your employee benefits program committed during the policy period and in the coverage territory. 2. Exclusions A. In addition to the Common Exclusions Applicable to Coverage Sections 1 and 2 the following exclusions apply to Coverage 2A Personal and Advertising Injury. This insurance does not apply to personal and advertising injury a. Breach of Contract Arising out of breach of contract except an implied contract to use another s advertising idea in your advertisement. b. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. c. Electronic Chatrooms or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. d. Infringement of Copyright Patent Trademark or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. This Exclusion does not apply to i use of another s advertising idea in your advertisement or ii infringement in your advertisement of any copyright trade dress or slogan. e. Knowing Violation of Rights of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Page 5 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
f. Material Published Prior to Policy Period Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. g. Material Published with Knowledge of Falsity Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. h. Media and Internet Type Businesses Committed by an insured whose business is i advertising broadcasting publishing telecasting ii designing or determining content of web sites for others or iii an internet search access content or service provider. This Exclusion does not apply to subparagraphs i iii of Paragraph JJ. in Section VII. DEFINITIONS. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the internet is not by itself considered the business of advertising broadcasting publishing or telecasting. i. Pollution Arising out of a pollution condition or any loss cost or expense arising out of a pollution condition. j. Quality Performance or Conformance Failure Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. k. Recording and Distribution of Material in Violation of Statutes Arising directly or indirectly out of any action or omission that violates or is alleged to violate i the Telephone Consumer Protection Act TCPA i 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. I. Unauthorized Use of Another s Name or Product Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Wrong Description of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. B. In addition to the Common Exclusions Applicable to Coverage Sections 1 and 2 the following exclusions apply to Coverage 2B Medical Payments This insurance does not apply to expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. c. Coverage 1A Exclusions Page 6 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 Page 6 of 36 GAP OC PL 01 612016 | 1 |
Excluded under Coverage 1A General Liability d. Hired Person To any person hired to do work for or on behalf of any insured or a tenant of any insured. e. Injury on Normally Occupied Premises To any person injured on that part of premises you own or rent that the person normally occupies. f. Products Completed Operations Hazard Included in the products completed operations hazard. C. In addition to the Common Exclusions Applicable to Coverage Sections 1 and 2 the following exclusions apply to Coverage 2C Employee Benefits Administration Liability This insurance does not apply to a. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. b. Bodily Injury Property Damage or Personal and Advertising Injury Any claim for bodily injury property damage or personal and advertising injury. c. Dishonest Fraudulent Criminal or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. d. ERISA Damages for which any insured is liable because of the liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. e. Failure to Perform a Contract Damages arising out of failure of performance of a contract by any insurer. f. Inadequate Investment Performance Advice Given with Respect to Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not in any plan included in an employee benefits program. g. Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligation under any plan included in an employee benefits program. h. Known Wrongful Act Any wrongful act known prior to the inception date by a responsible insured to have taken place in whole or in part. i. Taxes Fines or Penalties Taxes fines or penalties including those imposed under ERISA the Internal Revenue Code or any similar state or local law. Page 7 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
Common Exclusions Applicable to Coverage Sections 1 and 2 The following exclusions apply to all Coverages in Sections 1 and 2 except as otherwise provided. This insurance does not apply to a. Access or Disclosure of Confidential or Personal and Data related Liability 1 Bodily injury property damage or 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 type of nonpublic information or 2 Property damage or personal and advertising injury arising out of 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 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. 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. Aircraft Auto or Watercraft Other than with respect to Coverage 1D Transportation Pollution Liability bodily injury property damage or environmental damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Exclusion applies even if any claim or suit against an insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence that caused the bodily injury property damage or environmental damage arose from the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Solely with respect to Coverage 1A General Liability this Exclusion does not apply to 1 watercraft ashore on premises you own or rent 2 watercraft you do not own that is not being used to carry persons or property for a charge 3 aircraft you do not own that is not being used to carry persons or property for a charge and which is hired chartered or loaned by you with a paid crew 4 parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 5 liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 6 bodily injury or property damage arising out of i operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or ii operation of any of the machinery or equipment listed in the definition of mobile equipment subparagraph 6. b c or bodily injury or property damage arising out of misdelivery of your product if such bodily injury or property damage occurs after operations at the site of such delivery have been completed or abandoned. Operations which may require further service maintenance correction repair or replacement because of performance at the wrong address misdelivery or because of any error defect or deficiency but which are otherwise completed will Page 8 of 36 7 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
be deemed completed. c. Contractual Liability Bodily injury property damage environmental damage or emergency response expense which the insured is obligated to pay by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in an insured contract provided the bodily injury property damage or environmental damage occurs subsequent to the execution of the insured contract. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury property damage or environmental damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. d. Damage to Property Property damage or environmental damage to 1 property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property premises you sell give away or abandon if the property damage or environmental damage arises out of any part of those premises 3 property loaned to you 4 personal property in the care custody or control of the insured 5 that part of any real property on which you or any contractors or subcontractors whether working directly or indirectly on your behalf are performing operations if the property damage or environmental damage arises out of those operations however this paragraph 5 does not apply to Coverage 1E Contractors Pollution Liability or that part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. 2 6 Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven 7 or fewer consecutive days. A separate limit of insurance applies to Damage to Premises Rented to You as described in Il. LIMITS OF LIABILITY AND DEDUCTIBLE. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. e. Employer Liability Page 9 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 Page 9 of 36 GAP OC PL 01 612016 | 1 |
Bodily injury to 1 An employee of any insured arising out of and in the course of a Employment by any insured orb Performing duties related to the conduct of any 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 any insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Employment Related Practices Bodily injury or personal and advertising injury arising out of refusal to employ termination of employment or employment related practices policies acts or omissions including coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. This Exclusion extends to the spouse child parent brother or sister of any person at whom the actions above are directed. This Exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages. g. Expected or Intended Bodily injury property damage or environmental damage expected or intended from the standpoint of a responsible insured. This Exclusion does not apply to bodily injury or property damage resulting from use of reasonable force to protect persons or property. h. Impaired Property or Property Not Physically Injured Property damage to impaired property or property that is not physically injured arising out of i a defect deficiency inadequacy or dangerous condition in your product or your work i a delay or failure by anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This Exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. i. Known Injury or Damage Bodily injury property damage or environmental damage that occurred in whole or in part prior to the policy period and was known by a responsible insured. Any continuation change or resumption of such bodily injury property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury property damage or environmental damage will be deemed known at the earliest time when a responsible insured i reports all or any part of the bodily injury property damage or environmental damage under a prior policy issued by us or by any other insurer ii receives a claim for damages because of the bodily injury property damage or environmental damage or iii becomes aware by any other means that bodily injury property damage or environmental damage has occurred or has begun to occur. j. Nuclear Material Bodily injury property damage or environmental damage based upon or arising out of the radioactive toxic or explosive properties of nuclear material and with respect to which the insured is 1 Required to maintain financial protection pursuant to the Atomic Energy Act of 1954 Page 10 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 Page 10 of 36 GAP OC PL 01 612016 | 1 |
2 Entitled to indemnity from the United States of America or any agency thereof or 3 Aninsured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters 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 limits. k. Product Recall Bodily injury property damage or environmental damage claimed for any loss inspection repair replacement adjustment removal or disposal of your product your work or impaired property because of recall or withdrawal from the market or from use by any person or organization for any reason. I. Punitive Damages Fines and Penalties i Punitive exemplary or the multiplied portion of multiple damages ii civil fines penalties or assessments or iii criminal fines penalties or assessments. However this exclusion does not apply to i or ii because of bodily injury or property damage if insurable by applicable law. m. War Loss arising directly or indirectly out of 1 war including undeclared or civil war 2 war like action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. n. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. o. Your Product Property damage to your product arising out of it or any part of it. p. Your Work Property damage or environmental damage to your work arising out of it or any part of it and included in the products completed operations hazard. This Exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. With the exception of Exclusions and g 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 Section II. Defense and Supplementary Payments Sections 1. and 2. A. Defense 1. We have the right and duty to defend the insured against any suit seeking damages subject to coverage under Coverage Sections 1A1H Commercial General Liability and Pollution Liability or 2A2C Other Liability Coverages of this Policy. We have no duty to defend the insured against a suit to which this Policy does not apply. Our duty to defend ends when the Limit of Liability specified in Item 6 or 7 of the Declarations is exhausted by payment of settlements and judgments. We have the right but not the duty to investigate any occurrence offense pollution condition or wrongful act and settle any claim or suit that may result therefrom. 2. Where the insured is legally entitled to select independent counsel to defend it the attorneys fees and expenses we Page 11 0f 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
will pay are limited to the rates that we normally pay to counsel selected by us to defend similar claims or suits in the jurisdiction where the claim or suit arose or is being defended. We may require that such counsel meet certain minimum qualifications and maintain errors and omissions insurance. With regard to any such counsel the insured agrees that counsel will timely respond to our request for information regarding the claim or suit. The insured may at any time by its written consent waive any right to select independent counsel. B. Supplementary Payments 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend the following Supplementary Payments a. All expenses we incur. b. Up to 1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle resulting in bodily injury subject to coverage under this Policy. We shall have no obligation to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable Limit of Liability. We shall have no obligation 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 500 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 or sanctions taxed to awarded against or imposed upon 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 Liability we will not pay any prejudgment interest based on that period of time after the offer. g. Allinterest on the full amount of any judgment within the applicable Limit of Liability 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 Liability. These payments do not reduce the Limits of Liability under Coverage Sections 1 and 2. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in an insured contract This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence offense pollution condition or wrongful act 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. Theindemnitee 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 Page 12 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
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. These payments do not reduce the Limits of Liability under Coverage Sections 1 and 2. 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 Liability 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. Our duties to pay any Supplementary Payments shall end when the applicable Limits of Liability are exhausted by the payment of judgments or settlements. Multiple Policies Policy Periods Coverages 1. and 2 A. If there is progressive or indivisible bodily injury property damage or environmental damage including any continuation change or resumption thereof that takes place over a period of days weeks months or longer and is caused by continuous or repeated exposure to the same related continuous or repeated general harmful conditions or substances under Coverage 1A General Liability or is caused by the same related continuous or repeated pollution conditions under Coverages 1B through 1H 1. All such bodily injury property damage or environmental damage shall be deemed to have taken place only on the date of first exposure to such general harmful conditions or substances or pollution conditions but 2. If i the date of first exposure can not be determined or is before the inception date of the first policy issued by us or our affiliate to you providing coverage substantially the same as that provided by this Policy for bodily injury property damage or environmental damage that takes place during the policy period and ii such bodily injury property damage or environmental damage continues in fact to take place during this policy period then all such bodily injury property damage or environmental damage shall be deemed to have taken place during the policy period of the first such policy we or our affiliate issued to you. B. If the same related continuous or repeated general harmful conditions or substances or pollution conditions result in bodily injury property damage or environmental damage that takes place during the policy periods of different policies issued by us or our affiliate to you providing coverage substantially the same as that provided by this Policy for bodily injury property damage or environmental damage that takes place during the policy period 1. All such bodily injury property damage or environmental damage shall be deemed to have taken place only during the first policy period of such policy in which any of the bodily injury property damage or environmental damage took place and 2. All loss resulting from all such bodily injury property damage or environmental damage shall be subject to the Limits of Liability of the policy for such first policy period. Section 3. SITE POLLUTION LIABILITY 1. Insuring Agreements Page 13 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
It shall be a condition precedent to coverage for each of Coverages 3B through 3E below to apply that i the pollution condition takes place in the coverage territory and first commences on or after the retroactive date if applicable and before the end of the policy period and i a claim for such bodily injury property damage andor clean up expense whichever is applicable is first made against the insured and reported to us during the policy period pursuant to IV.RIGHTS AND DUTIES OF THE INSURER AND THE INSURED or the extended reporting period if applicable. Coverage 3A First Party Discovery of On Site Pollution We will pay on behalf of the insured clean up expense resulting from a pollution condition on at or under a covered location in the coverage territory that first commenced on or after the retroactive date provided i that a responsible insured first becomes aware of such pollution condition during the policy period and ii such pollution condition is reported to us in writing during the policy period in accordance with IV. RIGHTS AND DUTIES OF THE INSURER AND THE INSURED and iii where required by environmental law in effect as of the date of discovery such pollution condition is reported to the appropriate governmental agency. Coverage 3B Legal Liability for On Site Clean Up Expense We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as loss because of clean up expense on at or under a covered location or non owned location resulting from a pollution condition on at or under such covered location or non owned location. Coverage 3C Legal Liability for Off Site Clean Up Expense We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as loss because of clean up expense beyond the boundaries of a covered location or non owned location and resulting from a pollution condition that originated on at or under and has migrated from such covered location or non owned location. Coverage 3D Legal Liability for On Site Bodily Injury and Property Damage We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as loss because of bodily injury or property damage on at or under a covered location or non owned location and resulting from a pollution condition on at or under such covered location or non owned location. Coverage 3E Legal Liability for Off Site Bodily Injury and Property Damage We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as loss because of bodily injury or property damage beyond the boundaries of a covered location or non owned location and resulting from a pollution condition that originated on at or under and has migrated from such covered location or non owned location. 2. Exclusions Except as otherwise provided the following exclusions apply to all Coverages in Section 3. This insurance does not apply to claims or loss a. Contractual Liability For which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability that the insured would have in the absence of the contract or agreement or liability assumed in an insured contract. Page 14 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
b. Divested Properties 1 Arising from any property that the insured i prior to the inception date sold terminated a lease in which the insured was the lessee gave away or relinquished operational or management control or ii abandoned at any time. This exclusion does not apply to a covered location. 2 Arising from a pollution condition on at or under a covered location that commenced after the insured sold terminated a lease in which the insured was the lessee gave away or relinquished operational or management control of such covered location. c. Employers Liability For bodily injury to 1 Anemployee of any insured arising out of and in the course of a employment by any insured or b performing duties related to the conduct of any insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. d. Expected or Intended Arising from bodily injury property damage or clean up expense expected or intended by a responsible insured. e. Identified Underground Storage Tanks Arising from a pollution condition resulting from or associated with an underground storage tank located at a covered location the existence of which is known by any responsible insured as of the inception date unless such underground storage tank is scheduled on an Underground Storage Tank Endorsement attached to this Policy. This Exclusion does not apply to any underground storage tank which has been closed abandoned in place or removed in accordance with environmental law prior to the inception date. f. Installed Asbestos or Lead Arising from clean up expense arising out of asbestos asbestos containing materials or lead based paint installed or applied in on or to any building or structure including any removal of such materials and disposal thereof. This Exclusion does not apply to 1 clean up expense that arises from inadvertent disturbance of such installed or applied asbestos or asbestos containing materials or lead based paint or 2 in the absence of inadvertent disturbance described in 1 above remediation of soil surface water or groundwater contamination. g. Insured s Products Arising from your product or any part of it. This Exclusion does not apply to loss arising from transportation of such products to or from or storage of such products at a covered location or non owned location. h. Insured Versus Insured By or on behalf of any insured against any other insured. This Exclusion does not apply to a claim initiated by a third party or that arises out of an indemnification given by one insured to another insured in an insured contract. i. Intentional Non Compliance Arising out of a responsible insured s intentional noncompliance with environmental law. Page 15 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
This Exclusion does not apply to the insured s action taken in good faith in reliance upon written advice of outside counsel received in advance of such non compliance or in response to an imminent and material threat to human health or the environment. j. Internal Expenses For any costs charges or expenses incurred by any insured for goods supplied or services performed by the staff or salaried employees of any insured unless such costs charges or expenses are incurred with the prior written approval of the insurer in its discretion. This Exclusion does not apply to Supplementary Payments. k. Material Change in Use Arising from bodily injury property damage or clean up expense arising out of use of or operations at any covered location that are materially different from the use or operations at the inception date. I. Nuclear Material Based upon or arising out of the radioactive toxic or explosive properties of nuclear material and with respect to which the insured is 1 Required to maintain financial protection pursuant to the Atomic Energy Act of 1954 2 Entitled to indemnity from the United States of America or any agency thereof or 3 Aninsured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters 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 limits. m. Previously Reported Claim Arising from the same related continuous or repeated pollution condition that was the subject of a claim reported under any policy of which this is a renewal or replacement or which it succeeds in time whether or not such prior policy affords coverage for such claim. n. Prior Knowledge Non Disclosure Arising out of a pollution condition known by a responsible insured prior to the inception date. This exclusion does not apply if 1 The pollution condition is specifically referenced or identified on a Known Pollution Conditions Amendatory Endorsement attached to this Policy or 2 We have been notified in writing of such pollution condition during the policy period of a policy previously issued by us. 0. Punitive Damages Fines and Penalties For i punitive exemplary or the multiplied portion of multiple damages ii civil fines penalties or assessments or iii criminal fines penalties or assessments. However this exclusion does not apply to i or ii because of bodily injury or property damage if insurable by applicable law. p. Transportation Arising from a pollution condition caused by or during transportation. q. War Arising directly or indirectly out of 1 War including undeclared or civil war 2 War like action by a military force including action in hindering or defending against an actual or expected attack Page 16 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. r. Workers Compensation and Similar Laws Arising from any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Section 4. PROFESSIONAL LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as loss because of a wrongful act in the rendering of or failure to render professional services and committed in the coverage territory on or after the retroactive date if applicable and before the end of the policy period. A claim arising out of such wrongful act must be first made against an insured and reported to us during the policy period or the Extended Reporting Period described in V. of this Policy if applicable. 2. Exclusions This insurance does not apply to any claim or loss a. Bankruptcy Arising out of the bankruptcy or insolvency of an insured or of any other person firm or organization. b. Contractual Liability Arising out of damages for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability that the insured would have in the absence of the contract or agreement. c. Dishonest or Fraudulent Act Arising out of a dishonest fraudulent criminal or malicious wrongful act committed by or at the direction of a responsible insured. d. Disputed Fees Arising out of disputes over the insured s fees charges or other compensation or claims for the return of such fees charges or other compensation. e. Failure to Comply Arising out of a failure to comply with any applicable federal state local or provincial statute regulation ordinance order or instruction if such failure is a willful or deliberate act or omission of a responsible insured. f. Failure to Maintain Arising out of the insured s requiring obtaining maintaining advising or failing to require obtain maintain or advise of any bond suretyship or any form of insurance or self insurance. g. Fiduciary Liability to Non Named Insured Arising out of 1 An insured s acting as a partner officer director stockholder employer or employee of an entity that is not a Named Insured or 2 An insured s acting as a fiduciary under the Employee Retirement Income Security Act of 1974 and any amendments thereto or any regulation or order issued pursuant thereto or any other employee benefit plan. Page 17 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
h. Insured Versus Insured Brought by or on behalf of any insured against any other insured. i. Internal Expenses For costs charges or expenses incurred by the insured for materials supplied or services performed by the insured unless such costs charges or expenses are incurred with our prior written consent in our discretion. j. Known Wrongful Act Arising out of a wrongful act known by a responsible insured prior to the inception date that he or she could reasonably foresee could give rise to a claim under this Policy. k. Nuclear Material Arising out of the radioactive toxic or explosive properties of nuclear material and with respect to which the insured is 1 Required to maintain financial protection pursuant to the Atomic Energy Act of 1954 2 Entitled to indemnity from the United States of America or any agency thereof or 3 Aninsured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters 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 limits. I. Owned Facilities Arising out of any location or facility that is or was owned occupied operated by or rented or leased to you or any entity that i has any ownership interest or operates manages or otherwise controls you or ii in which you have any ownership interest or which you operate manage or otherwise control. m. Personal and Advertising Injury Arising out of personal and advertising injury. n. Previously Reported Claim Arising out of the same wrongful act or related continuous or repeated wrongful acts that were the subject of a claim reported under any policy of which this is a renewal or replacement or which it succeeds in time whether or not such prior policy affords coverage for such claim. 0. Punitive Damages Fines and Penalties Punitive exemplary or the multiplied portion of multiple damages or any civil or criminal fines penalties or assessments. p. Warranties Arising out of express warranties or guarantees. This exclusion shall not apply if liability would have resulted in the absence of such express warranties and guarantees. q. Your Product Arising out of your product or any part of it. Defense and Settlement Coverage Sections 3. and 4. A. Defense a. We have the right and duty to defend the insured against any claim or suit seeking damages or clean up expense covered under Coverage Sections 3A through 3E SITE POLLUTION LIABILITY. We have the right and duty to defend the insured against any suit seeking damages covered under Coverage Section 4 PROFESSIONAL Page 18 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
LIABILITY. We have no duty to defend the insured against a claim or suit to which those Coverages do not apply. Our duty to defend ends when the applicable Limits of Liability is exhausted by payment of loss. Legal expense incurred for investigation and defense of any claim or suit shall erode the applicable Limit of Liability. We have the right but not the duty to investigate any pollution condition or wrongful act and settle any claim or suit that may result therefrom. b. Where the insured is legally entitled to select independent counsel to defend it the attorneys fees and expenses we will pay are limited to the rates that we normally pay to counsel selected by us to defend similar claims or suits in the jurisdiction where the claim or suit is being defended. We may require that such counsel meet certain minimum qualifications and maintain errors and omissions insurance. With regard to any such counsel the insured agrees that counsel will timely respond to our request for information regarding the claim or suit. The insured may at any time by its written consent waive any right to select independent counsel. B. Settlement a. We will present all settlement offers to the insured. If we recommend settlement of a claim or suit that is acceptable to a claimant and is within the applicable Limits of Liability and the insured refuses to consent to such settlement then our duty to defend shall end and we may tender the defense to the insured. The insured shall thereafter defend such claim or suit independently and solely at its own expense. Our liability shall not exceed the amount for which the claim or suit could have been settled had our recommendation been accepted plus legal expenses exclusive of the Deductible incurred up to the time we recommended the settlement. b. In the event the insured and we resolve any claim or suit as a direct result of mediation or other alternative non binding dispute resolution process facilitated by a neutral third party we shall reimburse the insured for 50 of any applicable Deductible paid by the insured up to a maximum of 50000 for such claim or suit. Related Claims Coverage Sections 3. and 4. A. Under Coverage Sections i 3A if a pollution condition is first discovered by a responsible insured and reported to us during this policy period or i 3B through 3E if a claim is first made against an insured and reported to us during this policy period then provided you have maintained with us or our affiliate on a continuous uninterrupted basis Site Pollution Liability coverage either in another GAPLESS policy another multi coverage policy or a stand alone policy providing substantially similar coverage as this policy 1. Coverage 3A All pollution conditions first discovered by a responsible insured and reported to us during a subsequent policy period of a policy containing such Site Pollution Liability coverage that arise from the same related continuous or repeated pollution conditions that were first discovered by a responsible insured and reported to us during this policy period will be deemed to have been first discovered by a responsible insured and reported to us during this policy period. All loss arising out of such pollution conditions will be subject to the applicable limits of liability deductible terms conditions and exclusions of this Policy. 2. Coverages Section 3B 3E All claims first made against an insured and reported to us during a subsequent policy period of a policy containing such Site Pollution Liability coverage that arise from the same related continuous or repeated pollution conditions that Page 19 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
gave rise to a claim first made against an insured and reported to us during this policy period will be deemed to have been first made against the insured and reported to us during this policy period. All such claims will be subject to the applicable limits of liability deductible terms conditions and exclusions of this Policy. B. Under Coverage Section 4 if a claim is first made against an insured and reported to us during this policy period then i provided you have maintained with us or our affiliate on a continuous uninterrupted basis Professional Liability coverage either in another GAPLESS policy another multi coverage policy or a stand alone policy providing substantially similar coverage as this policy i all claims first made against an insured and reported to us during a subsequent policy period of a policy containing such Professional Liability coverage that arise out of the same related continuous or repeated wrongful acts that gave rise to a claim first made against an insured and reported to us during this policy period will be deemed to have been first made against the insured and reported to us during this policy period and iii all such claims will be subject to the applicable limits of liability deductible terms conditions and exclusions of this Policy. Il. LIMITS OF LIABILITY AND DEDUCTIBLE A. Limits of Liability 1. Limits of Liability The Limits of Liability shown in the Declarations and the rules below fix the most we will pay under this Policy regardless of the number of insureds claimants offenses claims suits occurrences crisis management events pollution conditions or wrongful acts. The Limits of Liability apply to the entire policy period. Any extension of the policy period that occurs after the inception date shall be deemed part of the preceding period for the purposes of determining the applicable Limits of Liability. 2. General Aggregate Limit The General Aggregate Limit set forth in Item 7. a of the Declarations is the most we will pay for the sum of all loss under all Coverages of this Policy except for damages under Coverage Section 1A andor 1B because of bodily injury property damage or environmental damage included in the products completed operations hazard. The General Aggregate Limit applies separately to a. Damages covered under Coverage Section 1A 1C and 1F arising out of your work at any one project and b. Damages covered under Coverage Sections 1A and 1E arising out of on going operations at any one location. 3. Products Completed Operations Aggregate Limit The Products Completed Operations Aggregate Limit set forth in Item 7. b of the Declarations is the most we will pay under Coverage Section 1A and 1B for all damages because of bodily injury property damage or environmental damage included in the products completed operations hazard. 4. Each Occurrence Limit Subject to Paragraph 2 or 3 above whichever applies the Each Occurrence Limit set forth in Item 6 of the Declarations is the most we will pay for the sum of all damages under Coverage Section 1A Coverage Section 1C and medical expenses under Coverage Section 2B combined because of all bodily injury and property damage arising out of any one occurrence or related continuous or repeated occurrences. Page 20 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
5. Personal and Advertising Injury Limit Subject to Paragraph 2 above the Personal and Advertising Injury Limit set forth in Item 6 of the Declarations is the most we will pay under Coverage Section 2A for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 6. Damage to Premises Rented to You Limit of Liability Subject to Paragraph 4 above the Damage to Premises Rented To You Limit of Liability set forth in Item 6 of the Declarations is the most we will pay under Coverage Section 1A for all damages because of property damage to any one premises while rented to you or in the case of damage by fire lightening or explosion while rented to you or temporarily occupied by you with permission of the owner. 7. Medical Expense Limit Subject to Paragraph 4 above the Medical Expense Limit of Liability set forth in Item 6 of the Declarations is the most we will pay under Coverage 2B for all medical expenses because of bodily injury sustained by any one person. 8. Employee Benefits Administration Limit Subject to Paragraph 2 above the Employee Benefits Administration Limit of Liability stated in Item 6 of the Declarations is the most we will pay under Coverage 2C for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries arising out of any one wrongful act or related continuous or repeated wrongful acts. However the amount paid under this Policy shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefits program. 9. Each Pollution Condition Limit Coverage Section 1B 1 G Subject to Paragraph 2 or 3 above the Each Pollution Condition Limit set forth in Item 6 of the Declarations is the most we will pay for all damages under Coverage Section 1B through 1 G because of all bodily injury property damage environmental damage and emergency response expense arising out of any one pollution condition or related continuous or repeated pollution conditions. 10. Crisis Management Limit The most we will pay for all crisis management expense covered under this Policy is the Crisis Management Limit of Liability set forth in Item 6 of the Declarations. Crisis management expense does not erode any other Limit of Liability set forth in Item 6 of the Declarations. 11. Each Pollution Condition Lil it Coverages 3A3E Subject to Paragraph 2 above the Site Pollution Condition Each Pollution Condition Limit set forth in Item 6 of the Declarations is the most we will pay for all loss under Coverages 3A through 3E arising out of any one pollution condition or related continuous or repeated pollution conditions. 12. Each Wrongful Act Limit Subject to Paragraph 2 above the Each Wrongful Act Limit set forth in Item 6 of the Declarations is the most we will pay for all loss under Coverage Section 4 arising out of any one wrongful act or related continuous or repeated wrongful acts. 13. Multiple Coverage Sections Subject to Paragraph 2 or 3 above whichever applies the highest applicable Each Occurrence Limit Each Pollution Page 21 0f 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
Condition Limit or Each Wrongful Act Limit set forth in Item 6. of the Declarations is the most we will pay for the sum of all loss under all Coverages arising out of i any one occurrence pollution condition or wrongful act or ii related continuous or repeated occurrences pollution conditions or wrongful acts. B. Deductible The Limits of Liability apply in excess of the applicable Deductible amounts set forth in Item 6 of the Declarations. A separate Deductible will apply to i each occurrence pollution condition or wrongful act or ii related continuous or repeated occurrences pollution conditions or wrongful acts. For Coverage 2A Personal and Advertising Injury the Deductible applies to all personal and advertising injury sustained by any one person or organization. For Coverage Section 3A through 3E and Coverage Section 4 the Deductible includes legal expense. If the same related continuous or repeated occurrence pollution condition or wrongful act results in application of more than one Deductible only the highest applicable Deductible shall apply. We will have no duty to make any payment under this Policy until you pay the applicable Deductible. We may but are not obligated to advance amounts for loss within the Deductible. Upon our request you will promptly reimburse us for any amounts within the Deductible that we have advanced. The Deductible shall be paid by you and remain uninsured. 11l. WHO IS AN INSURED A. If you are designated in the Declarations as 1 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. 2 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. 3 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. 4 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. 5 Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. B. With respect to all coverages other than Coverage Section 2C each of the following is also an insured 1 Your volunteer workers but 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 a Bodily injury or personal and advertising injury i 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 ii for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in ai above or iii arising out of the providing or failure to provide professional health care Page 22 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
services except incidental health care services provided by any physician dentist nurse emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. Property damage or environmental damage to property i owned occupied or used by or ii 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 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 3 Any person or organization having proper temporary custody of your property if you die but only a with respect to liability arising out of the maintenance or use of that property and b until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Policy. C. Any subsidiary associated affiliated or allied company or corporation including subsidiaries thereof of which you have more than 50 ownership interest as of the inception date is a Named Insured however if you cease to have more than 50 ownership in any such entity such entity shall cease to be a Named Insured. D. 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 1 Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2 Coverage under this Policy does not apply to any bodily injury property damage offense environmental damage wrongful act or crisis management event that occurred before you acquired or formed the organization. E. Solely with respect to Coverage 2C each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefits program. 2 Any persons organizations or employees having proper temporary authorization to administer your employee benefits program if you die but only until your legal representative is appointed. 3 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties as such. That representative will have all your rights and duties under this Policy. F. Any person or organization with whom you agree to include as an insured pursuant to an insured contract is an insured but i only with respect to bodily injury property damage environmental damage or personal and advertising injury arising out of your operations your work equipment or premises leased or rented by you or your products which are distributed or sold in the regular course of a vendor s business and ii only for the lesser of the applicable limits of liability set forth in II. of the Policy or the minimum limits of liability required by the insured contract however 1 A vendor is not an insured as respects bodily injury property damage environmental damage or personal and Page 23 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
advertising injury a for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement except that which the vendor would have in the absence of the contract or agreement b arising out of any express warranty unauthorized by you c arising out of any physical or chemical change in the product made intentionally by the vendor d arising out of repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from you and then repackaged in the original container arising out of any failure to make inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f arising out of demonstration installation servicing or repair operations except such operations performed at the vendor s location in connection with the sale of the product or g arising out of products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor. 2 A manager or lessor of premises a lessor of leased equipment or a mortgagee assignee or receiver is not an insured as respects bodily injury property damage environmental damage or personal and advertising injury e a arising out of any occurrence offense or pollution condition that takes place after the equipment lease expires or you cease to be a tenant or b arising out of structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor of premises or mortgagee assignee or receiver. G. Any person or organization that has at least a 50 controlling interest in you is an insured but only with respect to bodily injury property damage environmental damage or personal and advertising injury arising out of their financial interest in you. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. IV. RIGHTS AND DUTIES OF THE INSURER AND THE INSURED A. Your Duties in the Event of an Occurrence Offense Pollution Condition or Wrongful Act You must notify us as soon as practicable of any occurrence offense pollution condition or wrongful act whether or not you have received a claim or suit. To the extent possible such notice should include 1 How when and where the occurrence offense pollution condition or wrongful act 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 offense pollution condition or wrongful act. Notice of an occurrence offense pollution condition or wrongful act is not notice of a claim. Knowledge of an occurrence offense pollution condition or wrongful act by any of your agents servants or employees or any other person shall not it itself constitute knowledge by you unless a responsible insured or a manager or equivalent level employee in your Risk Management Insurance or Law Department possesses such knowledge. If you mistakenly notify another insurer rather than us of an occurrence offense pollution condition or wrongful act Page 24 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
such mistaken failure to notify us shall not invalidate coverage so long as you notify us of the occurrence offense pollution condition or wrongful act within a reasonable time after you become aware of such error. B. Your Duties in the Event of a Claim or Suit 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 2 Notify us as soon as practicable 3 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 4 Authorize us to obtain records and other information 5 Cooperate with us in the investigation defense or settlement of the claim or suit and 6 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 policy may also apply. C. Rights and Duties with Respect to Pollution Conditions 1 In the event the insured becomes aware of a pollution condition the insured must a. promptly report the pollution condition to us and to the appropriate governmental authority as required by environmental law b. mitigate and clean up any pollution condition to the extent required by environmental law by retaining an environmental professional c. provide us with proposed work plans bids contracts agreements or any similar document concerning work to result in clean up expense except for emergency response expense which proposals shall be subject to our right to prior approval and d. provide us at reasonable intervals and always at least 30 days prior to submission of any progress report to any regulatory agency written progress reports concerning the work resulting in clean up expense. 2 We shall have the right but not the duty to mitigate and clean up including assuming direct control of any mitigation or clean up any pollution condition that may be covered under this Policy. In the event that we assert a right to mitigate or clean up then any amounts we spend to mitigate or clean up a pollution condition shall erode the applicable Limits of Liability and the insured will reimburse us for any portion of any applicable Deductible advanced while taking such action. D. Insured s Duties in the Event of Emergency Response Expense When emergency response expenses have been incurred the insured shall forward to us as soon as practicable all information related to such emergency response expenses including but not limited to the cause commencement and location of the pollution condition technical reports laboratory data field notes expert reports investigations data collected invoices and correspondence with regulatory authorities. E. Notice of a claim or suit pursuant to this section will result in the premium for this policy immediately becoming 100 earned. Should this Policy be cancelled by you under no circumstances shall any return premium become due. V. EXTENDED REPORTING PERIOD This Section applies solely to purchased Coverages under Coverage Sections 3 and 4. If this Policy has not been terminated due to non payment of premium or fraud or misrepresentation in the application for this Policy and the first Named Insured has not purchased any other insurance to replace this insurance we will provide an Automatic Extended Reporting Period as described in Paragraph A. below or if the first Named Insured purchases it an Optional Extended Reporting Period as described in Paragraph B. below. Page 25 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 Page 25 of 36 GAP OC PL 01 612016 | 1 |
A. Automatic Extended Reporting Period The Automatic Extended Reporting Period is ninety 90 days following the end of the policy period. A claim first made against the insured and reported to us during the Automatic Extended Reporting Period will be deemed to have been first made against the insured and reported to us on the last day of the policy period provided the pollution condition or wrongful act commenced on or after any applicable retroactive date and before the end of the policy period. The Automatic Extended Reporting Period shall not apply if the Optional Extended Reporting Period is purchased pursuant to Paragraph B. below. B. Optional Extended Reporting Period The first Named Insured is entitled to purchase an Optional Extended Reporting Period Endorsement upon providing written notice to us within thirty 30 days following the end of the policy period of the first Named Insured s election to purchase the Endorsement. The Optional Extended Reporting Period shall be effective for up to 48 months at a rate of not more than 200 of the premium set forth in Item 4c of the Declarations. The Optional Extended Reporting Period Endorsement shall not become effective unless the first Named Insured pays the additional premium when due which will be fully earned upon receipt. Once the first Named Insured pays the additional premium when due the Optional Extended Reporting period may not be cancelled. A claim first made against the insured and reported to us during the Optional Extended Reporting Period will be deemed to have been first made against the insured and reported to us on the last day of the policy period provided the pollution condition or wrongful act commenced on or after any applicable retroactive date and before the end of the policy period. C. The provision of an Extended Reporting Period does not increase or reinstate any aggregate limit under this Policy. VI. CONDITIONS A. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligations under this Policy. B. Cancellation 1 The first Named Insured may cancel this Policy by mailing or delivering to us advance written notice of cancellation stating when cancellation is to be effective. 2 We may cancel this Policy for the reasons stated in i through iii below by mailing or delivering to the first Named Insured at the address stated in Item 8. a of the Declarations written notice 90 days or 16 days for non payment of premium or the applicable deductible prior to the effective date of cancellation. We may cancel the Policy for only the following reasons i non payment of premium or the applicable deductible i failure to comply with the material terms conditions or obligations under this Policy or iii fraud or misrepresentation in the application for this Policy. If the first Named Insured cancels any unearned premium will be paid to the first Named Insured calculated on the customary short rate basis and after applying the minimum earned premium if any. If we cancel any premium refund will be calculated on a pro rata basis. 3 Any written notice of cancellation provided under Paragraphs 1 or 2 shall state the effective date of cancellation and the policy period will end on such date. Proof of mailing shall be sufficient proof of notice of cancellation. Page 26 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
4 We will tender any premium refund due upon cancellation to the First Named Insured as soon as practicable after cancellation is effective but tender of such premium refund is not a condition of cancellation. C. Changes This Policy contains all the agreements between us and you concerning the insurance afforded under this Policy. This Policy s terms can not be changed amended or waived except by an endorsement issued by us and made a part of this Policy. D. Cooperation The insured shall cooperate with us and provide such reasonable assistance and cooperation to us in the investigation and defense of claims and suits as we may require. At our request the insured shall submit to examination under oath attend depositions hearing and trials and assist in effecting settlements and providing evidence and the attendance of witnesses. E. Economicand Trade Sanctions Any term or condition of this Policy in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control shall be and void. F. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage. G. Legal Action Against Insurer No person or organization shall have the right under this Policy to join us as a party or otherwise bring us into a suit seeking damages from an insured or to bring any action against us in connection with this Policy unless as a condition precedent thereto all terms of this Policy have been fully complied with. A person or organization may sue us to recover after an agreed settlement or on a final judgment against an insured. However we will not be liable for amounts that are not payable under the terms of this Policy or that are in excess of the applicable Limit of Liability. H. Notices All notices to you required under this Policy shall be in writing and mailed or delivered to the address stated in Item 8. a of the Declarations. All notices to us shall be in writing and mailed or delivered to the address stated in i Item 8. b of the Declarations for notices required or permitted under Section IV. of the Policy or ii tem 8. c for all other notices. Proof of mailing any notice required under this Policy to such address will be sufficient proof of notice under this Policy. 1. Other Insurance If other valid and collectible insurance is available for any loss subject to coverage under this Policy our obligations are limited as follows 1 Primary Insurance Except as provided in paragraph 2. below this insurance is primary. When this insurance is primary our obligations are not affected unless any of the other insurance is also primary in which case we will share with all other primary insurance by the method described in paragraph 3. below. However in the event that an insured contract requires this insurance to be primary for any person or organization whom you agreed to insure and provided such person or organization is an insured under this Policy this insurance will be primary and we will not seek contribution from any other insurance issued to such person or organization. 2 Excess Insurance Page 27 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
This insurance is excess over a Any other insurance whether primary excess contingent or on any other basis that is i Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii 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 insurance applicable to loss arising out of the maintenance or use of aircraft autos or watercraft. b Any other primary insurance available to you covering liability for damages arising out of premises operations or the products completed operations hazard for which you have been added as an additionalinsured. c Any project specific primary insurance available to you covering liability for damages arising out of your work for which you are an insured. When this insurance is excess we will have no duty to defend the insured against any claim or suit if any other insurer has a duty to defend the insured against that claim or suit. If no other insurer has a duty to defend we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of loss if any that exceeds the sum of the a total amount that all such other insurance would pay for the loss in the absence of this insurance and b total of all deductible retained and self insured amounts under all that other insurance. Then we will share the remaining loss if any with any other insurance that is not described in this VI.1.2. and was not bought specifically to apply in excess of the applicable Limits of Liability of this Policy. 3 Method of Sharing If all of the other insurance permits contribution by equal shares we also will follow such method. Under this method each insurer contributes equal amounts until it has paid its limit of liability or no loss remains whichever comes first or 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 limit of liability to the total limits of insurance of all insurers. J. Representations By acceptance of this Policy you agree that the application is material to the underwriting of this Policy and that we issued this Policy in reliance upon such representation. K. Right of Access and Inspection We and our representatives shall have the right and opportunity but not the obligation to interview your employees and to inspect at any reasonable time during the policy period or thereafter a covered location or any other location or facility. You agree to provide appropriate personnel to assist us or our representatives during any inspection or interview. We and our representatives shall not assume any responsibility or duty to you or to any other party person or entity by reason of such right or inspection nor shall any of the terms and conditions of this Policy including but not limited to those in Ill. WHO IS AN INSURED change or be broadened in any way as a result of the insured or any of its representatives complying with this condition. Our right to make inspection the actual undertaking thereof or any report thereon shall not constitute an undertaking on our behalf to you or others to determine or warrant that the property or operations are safe healthful or conform to acceptable engineering practices or are in compliance with any law rule or regulation. Your compliance with this Condition is a condition precedent to coverage under this Policy. L. Separation of Insureds Except with respect to the Limits of Liability the Insured Versus Insured exclusion and any rights or duties specifically Page 28 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
assigned in this Policy to the first Named Insured this Policy applies as if each insured were the only insured and applies separately to each insured against whom a claim is made or suit is brought. Misrepresentation concealment breach of condition or violation of any duty under this Policy by one insured shall not prejudice the interest or coverage for another insured who did not participate or assist in such misrepresentation concealment breach of condition or violation of duty except where an insured is a parent subsidiary or affiliate of the insured that misrepresented concealed or breached a term or condition of or violated a duty under this Policy or participated or assisted therein. M. Service of Suit In the event of our failure to pay any amount claimed to be due hereunder we at the request of the insured will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes a waiver of our right to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel at the notice address provided in Item 8. c of the Declarations and that in any suit instituted against us upon this contract we will abide by the final decision of such court or any appellate court in the event of any appeal. Further pursuant to any statute of any state territory or district of the United States which makes provision therefore we hereby designate the Superintendent Commissioner Director of Insurance or other officer specified for that purpose in the statute or his or her successors in office as its true and lawful agent upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of an insured arising out of this Policy. N. Sole Agent The first Named Insured shall act on behalf of all insureds for the payment or return of premium and Deductibles negotiation receipt and acceptance of any endorsement issued by us and made part of this Policy giving or receiving notice of cancellation and exercising the right to an extended reported period. 0. Subrogation 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 and the insured shall not do anything to impair such rights. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Any amounts so recovered by us shall be allocated first to the expenses incurred in such recovery prorated in accordance with each interested party s share in the total recovery then to the insured to the extent of any Deductible it actually has paid and any payments it actually has made in excess of the applicable Limits of Liability and last to us to the extent of our payment under this Policy. However if the insured has waived rights of recovery against any person or organization in a written contract or agreement prior to a claim or loss we also waive such right of recovery we may have under this Policy against such person or organization. P. 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 his or her duties as your legal representative. Until that 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. Q. Voluntary Payments No insured will except at that insured s own cost admit liability or voluntarily make a payment assume any obligation make any settlement or incur any expense other than emergency response expense without our prior written consent. VII. DEFINITIONS A. Administration means i providing information to employees including their dependents and beneficiaries with respect to eligibility for or the scope of employee benefits programs i handling records in connection with the Page 29 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
employee benefits program or iii effecting continuing or terminating any employee s participation in any benefit included in the employee benefits program. Administration does not include handling payroll deductions. 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 i published notices include material placed on the internet or on similar electronic means of communication and ii only that part of a website that pertains to your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Application means all applications including any attachments and other materials provided therewith or incorporated or referenced therein submitted by or on behalf of the insured in connection with the underwriting of this Policy or for any other policy of which this Policy is a renewal replacement or which it succeeds in time. All applications attachments and other materials are deemed attached to this Policy. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Auto does not include mobile equipment. Biological agent means solely with respect to loss arising directly or indirectly as a result of certified acts of terrorism as defined in the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2007 or any uncertified acts of terrorism any microorganism including bacteria viruses rickettsia or protozoa or infectious substance or naturally occurring bioengineered or synthesized component of any such microorganism or infectious substance capable of causing i death disease or other biological malfunction in a human an animal a plant or another living organism ii degradation of food water equipment supplies or other material of any kind or iii deleterious alteration of the environment. Bodily injury means physical injury sickness mental anguish shock or emotional distress or disease sustained by a person including death resulting therefrom. Bodily injury also includes medical monitoring cost when accompanied by physical injury. Claim means a written demand seeking a remedy and alleging liability or responsibility on the part of the insured. Clean up expense means reasonable and necessary expense including legal expense and restoration expense incurred with our written consent to investigate abate contain treat remove remediate monitor neutralize or dispose of contaminated air soil surface water or groundwater caused by a pollution condition but only i to the extent required by environmental law or in the absence of applicable environmental law as determined to be reasonable and necessary by an environmental professional ii if required to satisfy a voluntary clean up program or iii if incurred by any governmental entity of the United States of America including its territories and possessions. Puerto Rico Canada or by a third party. Conveyance means an auto railcar train watercraft or aircraft but does not include pipelines. Coverage territory means anywhere in the world including international waters or airspace provided that for loss other than that arising out of your product your work transportation or any non owned location the insured s responsibility to pay loss is determined in a suit on the merits in the United States its territories or possessions Puerto Rico or Canada or is otherwise agreed to by us. In no event shall this insurance be used as evidence of financial assurance in any jurisdiction outside the United States Page 30 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
of America. Covered location means real property that as of the inception date is owned managed by or leased or rented to the insured and is listed on the Schedule of Covered Locations attached to this Policy. Crisis management event means a pollution condition that in the good faith judgment of an executive officer in the absence of action to restore public confidence in you is likely to result in significant adverse media coverage.. Crisis management expense means reasonable and necessary fees and expenses incurred with our prior written consent by a firm listed in any Schedule of Crisis Management Firms attached to this Policy or by any other firm selected by the insured with our prior written consent during the first 21 days following the crisis management event for services in advising you on minimizing potential harm from a covered crisis management event by maintaining and restoring public confidence in you. Crisis management expense includes amounts for reasonable and necessary printing advertising mailing of materials or travel by your directors officers employees or agents at the direction of a Crisis Management Firm. Emergency response expense means reasonable and necessary costs charges or expenses including legal expense and restoration expense incurred within seven 7 days subsequent to commencement of a pollution condition to investigate remove dispose of abate contain treat neutralize monitor or test soil surface water groundwater. Employee includes a leased worker. Employee does not include a temporary worker. Solely with respect to Coverage 2C employee also means a person actively or formerly employed on leave of absence disabled or retired. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a plan authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars or otherwise 1 Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits 3 Unemployment insurance social security benefits workers compensation and disability benefits and 4 Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. 2 Environmental damage means physical damage to soil the atmosphere any watercourse or body of water including groundwater or plant or animal life caused by a pollution condition and giving rise to clean up expense. Environmental damage does not include property damage. Environmental law means any federal state provincial municipal or other local law statute ordinance rule guidance document regulation administrative order or directive including any voluntary clean up program or risk based corrective action guidance that is applicable to a pollution condition. Environmental professional means a person qualified to address the remediation of the subject pollution condition and whom we approve and designate in advance in writing in our sole discretion after consultation with the insured. Executive officer means a person holding any of the officer positions created by the insured in its charter constitution by laws or any other similar governing document. Page 31 0f 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
u. V. BB. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because i it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or i you have failed to fulfill the terms of a contract or agreement if such property can be restored to use or rendered useful by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms such contract or agreement.. Inception date means the date set forth in Item 3a of the Declarations. Insured contract means With respect to Coverages 1 2 and 4 That part of any contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage environmental damage or wrongful act 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. However insured contract does not include that part of any contract or agreement that indemnifies an architect engineer or surveyor for injury or damage arising out of a preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or b giving directions or instructions or failing to give them if that is the primary cause of the injury or damage. With respect to Coverage 3 Any contract entered into prior to the discovery of a pollution condition giving rise to loss or a claim under this Policy and listed in any Schedule of Insured Contracts Endorsement attached to this Policy. 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. Legal expense means reasonable and necessary fees charged by legal counsel designated by us or with our prior written consent by you and other reasonable and necessary fees costs and expenses resulting from the investigation adjustment or settlement of any claim or suit or defense or appeal of any suit if incurred by us or by the insured with our prior written consent.. Loading or unloading means the handling of property i after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto i while it is in or on an aircraft watercraft or auto or iii while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. 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.. Loss means as applicable for each Coverage 1 Damages because of bodily injury property damage personal and advertising injury or a wrongful act 2 Clean up expense 3 Medical expenses under Coverage 1C Medical Payments 4 Emergency response expense and Page 32 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 Page 32 of 36 GAP OC PL 01 612016 | 1 |
cc. DD. EE. FF. 5 Legal expense under Coverage Sections 3A 3E and Coverage Section 4. Microbial matter means fungi mold yeast bacteria or mildew including any spores mycotoxins or by products produced or released therefrom whether or not such matter is living. Misdelivery means the delivery of any liquid product into any receptacle or to an address other than the correct receptacle or the correct address or the mistaken delivery of one liquid product for another. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2 Vehicles maintained for use solely on or next to premises you own or rent 3 Vehicles that travel on crawler treads 4 Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a Power cranes shovels loaders diggers or drills or b Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraphs 1 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraphs 1 4 above maintained primarily for purposes other than the transportation of persons or cargo. 5 6 However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are autos a Equipment designed primarily for i snow removal ii road maintenance but not construction or resurfacing or iii street cleaning b Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Nanotechnology matter means any engineered matter or particle purposefully manufactured with one or more external dimensions of 100 nanometers or less. GG.Natural resource damage means physical injury to or destruction of including the resulting loss of value of land fish HH. wildlife biota air water groundwater drinking water supplies and other such resources belonging to managed by held in trust by appertaining to or otherwise controlled by the United States including the resources of the fishery conservation zone established by the Magnuson Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq. any state local or provincial government any foreign government any Native American tribe or if such resources are subject to a trust restriction on alienation any member of a Native American tribe. Non owned location means premises that the insured never owned occupied managed operated leased or rented. However non owned location does not include premises that at the time of consignment for delivery or delivery of Page 33 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
1. KK. LL waste from your operations or your work i was not licensed by the appropriate federal state or local authority for storage treatment disposal or processing of such waste or ii was listed on the federal National Priorities List or any state analogue thereof or has been subject to a consent order or corrective action under environmental law. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses i false arrest detention or imprisonment ii malicious prosecution iii 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 iv 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 v oral or written publication in any manner of material that violates a person s right of privacy vi use of another s advertising idea in your advertisement or vii infringing upon another s copyright trade dress or slogan in your advertisement. Policy period means the period of time set forth in Items 3. a and 3. b of the Declarations except if this Policy is cancelled or otherwise terminated then the expiration date shall become the effective date of such cancellation or termination. Pollutant means any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot silt sediment fumes acids alkalis chemicals hazardous substances petroleum hydrocarbons low level radioactive matter or waste microbial matter including legionella pneumophila medical infectious or pathological waste or waste materials electromagnetic fields or biological agent. MM. Pollution condition means 1 The discharge emission seepage migration dispersal release or escape or illicit abandonment by a third party without the insured s consent of any pollutant into or upon land or any structure on land the atmosphere or any watercourse or body of water including groundwater provided such condition is not naturally present in the environment in the concentration or amounts discovered or 2 Microbial matter or legionella pneumophila in any structure on land and the atmosphere contained within that structure. Pollution condition does not include nanotechnology matter. NN.Products completed operations hazard 1 Includes all bodily injury property damage and environmental damage occurring away from premises you own or rent and arising out of your product or your work except a Products that are still in your physical possession or b Your work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times i when all of your work called for in your contract has been completed i when all of the work to be done at the job site has been completed if your contract calls for your work at more than one job site or i when that part of your 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 Page 34 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 GAP OC PL 01 612016 | 1 |
be treated as completed. 2 Does not include bodily injury or property damage arising out of a 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 or b The existence of tools uninstalled equipment or abandoned or unused materials. 00.Professional services means services the insured performs for a third party for a fee but only in the capacity as an PP. Qa. RR. SS. architect engineer environmental consultant landscape architect land surveyor or planner construction manager LEED accredited professional interior designer space planner that you or those acting on your behalf are qualified to perform or as otherwise set forth in a Professional Service Endorsement attached to and made part of this Policy. Property damage means Physical injury to tangible property including all resulting loss of use and diminished value of that property. All such loss of use and diminished value shall be deemed to occur at the time of the physical injury that caused it 2 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 or pollution condition as the case may be that caused it and Solely with respect to Coverage Sections 1B through 1H and Coverage Sections 3A through 3E natural resource damage. 3 Property damage does not include environmental damage or clean up expense. Electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Responsible insured means an insured who is i the manager or supervisor of the named insured responsible for environmental affairs or health and safety affairs control or compliance at a covered location ii an officer director risk manager or partner of the named insured or iii the manager of a covered location. Restoration expense means reasonable and necessary expense incurred by the insured with our prior written consent to restore repair or replace physically damaged real or personal property when such damage occurs during the course of incurring covered clean up expense or emergency response expense regardless of whether such damage to such real or personal property is directly caused by a pollution condition. Restoration expense shall not exceed the replacement cost of such real or personal property. Except for costs to replace damaged material with environmentally superior material serving the same purpose restoration expense shall not include costs associated with improvements or betterments of the damaged property. Use of environmentally superior material for the same purpose as the damaged material shall be certified by an independent qualified certifying body. If such certification is not available costs for such environmentally superior material must be approved in advance in writing by the insurer in its sole discretion. Retroactive date means the applicable date stated in Item 3. c of the Declarations.. Suit means a civil proceeding in which damages to which this Policy applies are alleged. Suit includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are claimed and to which Page 35 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
the insured must submit or does submit with our consent. UU.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. VV. Transportation means the movement by the insured or by a third party carrier on behalf of the insured properly licensed to conduct such movement of goods products merchandise supplies or waste by any conveyance i in connection with your work or ii to or from a covered location. Transportation includes loading or unloading of such goods products merchandise supplies or waste into onto or from any conveyance and misdelivery. WW. Underground storage tank means any one tank or combination of tanks including underground pipes attached thereto that has at least 10 of its volume below ground level if outdoors or below the ground floor level if indoors. Underground storage tank does not include septic tanks sump pumps oil water separators storm water or wastewater collection systems. XX. Voluntary clean up program means a program of the United States or any state enacted pursuant to environmental law that requires governmental written approval to conduct voluntary corrective action to address a pollution condition. YY. 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. 2Z. Waste means all materials to be disposed recycled reconditioned or reclaimed. AAA. Wrongful act means an act error or omission. BBB. Your product means a Any goods or products other than real property manufactured sold handled distributed or disposed of by i you ii others trading under your name or iii a person or organization whose business or assets you have acquired and b Containers other than vehicles materials parts or equipment furnished in connection with such goods or products and includes Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and The providing of or failure to provide warnings or instructions. z d Your product does not include vending machines or other property rented to or located for the use of others but not sold. ccc. Your work means a Work or operations performed by you or on your behalf and b Materials parts or equipment furnished in connection with such work or operations and includes c Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and d The providing of or failure to provide warning or instructions. Page 36 of 36 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission GAP OC PL 01 612016 | 1 |
Form Title Schedule of Forms and Endorsements Named Insured Endorsement Number SES Foam LLC Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP FS 01 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 SCHEDULE OF FORMS AND ENDORSEMENTS ENVIANT ENZIIE I NT ENDORSEMENT TITLE FORM NUMBER o NMA 2868 Lloyd s Certificate 08242000 Declaration Page 6225252801 Policy Form GAP OCPLO1 Y 612016 GAP FS 01 Schedule of Forms Endorsements 612016 P GAP LS 01 Schedule of Participation 712020 o. GAP 10 47 Schedule of Crisis Management Firms 612016. N GAP NLO01 Notice of Loss Claim 612016 001 Reject Terrorism Coverage LMA 5219 Endorsement 1122015 002 Service of Suit Endorsement N4I11919988Ls P. LSW 1001 003 Several Liability Notice Endorsement 811994. GAP 1021 004 NBCR Terrorism Endorsement 612016 005 Minimum Earned Premium GAP 1019 Endorsement 612016 GAP 10 20 006 Named Insured Endorsement 612016 007 Schedule of Covered Locations GAP 10 24 Endorsement 612016 008 Advice of Cancellation Amendatory GAP 10 07 Endorsement 612016 009 Application Representation GAP 1008 Endorsement 612016 010 Asbestos Exclusion Endorsement 1521200 | 2 |
Coverage 1F Site Time Element 011 M ipt Amendatory Endorsement anuscrip Additional Insured Pwners Le.ssees or GAP 1028 012 Contractors On Going Operations 612016 Amendatory Endorsement Additional Insured Pwners Le.ssees or GAP 1028 013 Contractors On Going Operations 612016 Amendatory Endorsement Additional Insured Owners Lesees or GAP 1004 014 Contractors Completed Operations 612016 Amendatory Endorsement 015 Blanket Waiver of Subrogation GAP 10 30 Condition Amendatory Endorsement 612016 016 Additional Insured Primary and Non GAP 10 05 Contributory Amendatory Endorsement 612016 017 Defense Subject to the Deductible Manuscript Amendatory Endorsement 018 Premium Installment Endorsement Manuscript H.re.d. Auto and Non Owned Auto GAP 1058 019 Liability Coverage Amendatory 612016 Endorsement Additional Insured Site Pollution. 020 Liability Amendatory Endorsement Manuscript 021 Site Pollution Liability Coverage Manuscript Amendatory Endorsement Site Pollution Condltl.nleablllty Limits GAP 1011 022 Separate Aggregate Limit Amendatory 612016 Endorsement Additional Insured Managers or 023 Lessors of the Premises Amendatory Manuscript Endorsement 024 Advice of Cancellation Amendatory GAP 10 07 Endorsement 612016 Underground Storage Tank Definition. 025 Amendatory Endorsement Manuscript 026 Lease Termination Amendatory Manuscript Endorsement 027 Communicable Disease Endorsement Manuscript Professional Liability for Coverage 1. 028 Commercial General Liability and Manuscript Pollution Liability and Coverage 2A Exclusion Endorsement | 2 |
Endorsement Title Schedule of Participation Named Insured SES Foam LLC Endorsement Number Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP LS 01 712020 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 SCHEDULE OF LLOYD S UNDERWRITERS PARTICIPATING HEREON Syndicates Signed Line Binding Authority Agreement B087520E06V5002 Syndicate 1458 RNR Syndicate 4472 LIB Syndicate 3334 HAM Binding Authority Agreement B087520E06V5004 61.88125 18.625 10.03125 Syndicate 2987 BRIT 6.65 Binding Authority Agreement B087520E06V5007 Syndicates 1084 CSL 2.8125 Total 100 | 2 |
Endorsement Title Schedule of Crisis Management Firms Named Insured SES Foam LLC Endorsement Number Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 47 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 SCHEDULE OF CRISIS MANAGEMENT FIRMS Itis hereby agreed that the following firm is a Scheduled Crisis Management Firm SCHEDULE Edelman Francesca Trainor Alt Executive Vice President Office 1212 704 4430 Mobile 1917 863 2123 Francesca.TrainorAltedelman.com Brian Ellner General Manager Group Head NY Public Affairs. Office 1 212 729 2479 Mobile 1 917 650 0495 Brian.Ellneredelman.com | 2 |
Endorsement Title Notice of Claim Notice of Loss Named Insured Endorsement Number SES Foam LLC Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP NL 01 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 NOTICE OF CLAIM NOTICE OF LOSS Instructions Please attach all correspondence relating to this notice of claim loss and send copies of this notice to the address below Head of Environmental Claims Enviant Claims Services 250 Park Avenue 7 Floor New York NY 10017 Email to Environmental.claimsenviant.com Date of Notice INSURED INFORMATION Insured Name Contact Telephone Number Email Insured Address City State ZIP Code BROKER INFORMATION Brokerage Broker Contact Name Telephone Number Email Address of Broker City State Zip Code | 2 |
POLICY INFORMATION Policy Number Policy Period LOSS INFORMATION Claimant Name Loss Location Date of Loss Description of Loss NOTE Any person who knowingly files a Statement of Claim containing any false or misleading information is subject to criminal and civil penalties. | 2 |
Endorsement Title Reject Terrorism Coverage Endorsement Named Insured Endorsement Number SES Foam LLC 001 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 LMA 5219 1122015 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U.S TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED NOT PURCHASED ENDORSEMENT This endorsement is issued in accordance with the terms and conditions of the U.S. Terrorism. Risk Insurance Act of 2002 as amended as summarized in the disclosure notice. It is hereby noted that the Underwriters have made available coverage for insured losses directly resulting from an act of terrorism as defined in the U.S. Terrorism Risk Insurance Act of 2002 as amended TRIA and the Insured has declined or not confirmed to purchase this coverage. This Insurance therefore affords no coverage for losses directly resulting from any act of terrorism as defined in TRIA except to the extent if any otherwise provided by this policy. All other terms conditions insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Service of Suit Endorsement Named Insured Endorsement Number SES Foam LLC 002 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 NMA1998US7142016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT U.S.A. ENDORSEMENT It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder the Underwriters hereon at the request of the Insured or Reinsured will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters rights to commence an action in any Court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon Mendes and Mount 750 Seventh Avenue New York 10019 6829 U.S.A and that in any such suit instituted against any one of them upon this contract Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit andor upon the request of the Insured or Reinsured to give a written undertaking to the Insured or Reinsured that they will enter a general appearance upon Underwriters behalf in the event such a suit shall be instituted. Further pursuant to any statute of any state territory or district of the United States which makes provision therefor Underwriters hereon hereby designate 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 in any action suit or proceeding instituted by or on behalf of the Insured or Reinsured or any beneficiary hereunder arising out of this contract of insurance or reinsurance and hereby designate the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Several Liability Notice Endorsement Named Insured Endorsement Number SES Foam LLC 003 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 LSW 1001 811994 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEVERAL LIABILITY NOTICE ENDORSEMENT The subscribing insurers obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co subscribing insurer who for any reason does not satisfy all or part of its obligations. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title NBCR Terrorism Endorsement Named Insured SES Foam LLC Endorsement Number 004 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 21 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR BIOLOGICAL CHEMICAL OR RADIOLOGICAL TERRORISM ENDORSEMENT In consideration of the premium charged it is hereby agreed that 1. Notwithstanding anything stated to the contrary contained with the Policy the following exclusion is added to the Policy Nuclear Biological Chemical or Radiological Terrorism No coverage will be available under this insurance for any loss cost damage expense injury claim or suit caused by arising out of or resulting directly or indirectly in whole or in part from any act of Nuclear Biological Chemical or Radiological Terrorism regardless of any other cause or event that contributes concurrently or in any other sequence to the act of Nuclear Biological Chemical or Radiological Terrorism. For the purposes of this endorsement the following Definitions are added to the Policy Chemical Agent means any compound which when disseminated produces incapacitating illness or damaging lethal effects on humans plants animals or property. Nuclear Biological Chemical or Radiological Terrorism means the Dispersal application or release of radioactive material b. Use of any nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or c. Emission discharge dispersal release or escape of any solid liquid or gaseous biological agent andor chemical agent by any person or groups of persons whether acting alone or on behalf of or in connection with any organizations or governments committed for political religious ideological purposes or reasons including the intention to influence any government andor to put the public or any section of the public in fear. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Minimum Earned Premium Endorsement Named Insured Endorsement Number SES Foam LLC 005 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 19 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT It is hereby agreed that agreed that VI. CONDITIONS Paragraph B. Cancellation is deleted in its entirety and replaced with the following B. Cancellation 1. The first Named Insured may cancel this Policy by mailing or delivering to us advance written notice of cancellation stating when cancellation is to be effective. If the first Named Insured shown in the Declarations may cancels any premium refund will be calculated on a short rate basis after applying the minimum earned premium scheduled below. 2. We may cancel this Policy for the reasons stated in 2. i through 2. iii below by mailing or delivering to the first Named Insured at the address stated in Item 8. a of the Declarations written notice ninety 90 or sixteen 16 days for non payment of premium or the applicable deductible prior to the effective date of cancellation. We may cancel the Policy for only the following reasons i non payment of premium or the applicable deductible i failure to comply with the material terms conditions or contractual obligations under this Policy or iii fraud or misrepresentation in the application for this Policy. If the first Named Insured cancels any unearned premium will be paid to the first Named Insured calculated on the customary short rate basis and after applying the minimum earned premium if any. If we cancel any premium refund will be calculated on a pro rata basis. Any written notice of cancellation provided under Paragraphs 1 or 2 shall state the effective date of cancellation and the policy period will end on such date. Proof of mailing shall be sufficient proof of notice of cancellation. 3. We will tender any premium refund due upon cancellation to the First Named Insured as soon as practicable after cancellation is effective but tender of such premium refund is not a condition of cancellation. Scheduled Minimum Earned Premium 25 of the total premium set forth in the Declarations shall be earned as of the inception date. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Named Insured Endorsement Named Insured Endorsement Number SES Foam LLC 006 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 20 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT It is hereby agreed that agreed that the Policy is amended by adding the following to the end of lIl. WHO IS AN INSURED The entities listed in the schedule below are named insureds under this Policy Schedule of Named Insureds SES Foam LLC SES Investors LLC SES Energy One Sub LLC Delta Urethane LLC DUS Energy One Sub LLC SES Acquisition Sub I LLC ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Schedule of Covered Locations Endorsement Named Insured SES Foam LLC Endorsement Number 007 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 24 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF COVERED LOCATIONS ENDORSEMENT It is hereby agreed that solely with respect to the purchased coverages under l. COVERAGES Section 3. SITE POLLUTION LIABILITY the following locations are scheduled to the Policy as covered locations Schedule of Covered Locations 403 Century Plaza Dr. 400 Houston TX 77073 9601 Lilac Dr. St. Louis MO 63137 400 Long Beach Blvd Stratford CT 06615 1026 Ave M Grand Prairie TX 75050 Retroactive Dates 712015 712015 1012018 1012018 1012018 600 St George Ave Jefferson LA 70121 1012018 2509 Dean Forest Rd Savannah GA 31408 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Advice of Cancellation Amendatory Endorsement Named Insured SES Foam LLC Endorsement Number 008 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 07 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVICE OF CANCELLATION AMENDATORY ENDORSEMENT It is hereby agreed that VI. CONDITIONS is amended by the addition of the following In the event that we cancel this Policy for any reason other than non payment of premium and 1. the cancellation effective date is prior to this Policy s expiration date 2. you are under an existing contractual obligation to notify a certificate holder when this Policy is canceled hereinafter the Certificate Holders and have provided to us either directly or through your broker of record the email address of a contact at each such entity and 3. we received this information after you received notice of cancellation of this Policy and prior to this Policy s cancellation effective date via an electronic spreadsheet that is acceptable to us we will provide advice of cancellation the Advice via e mail to each such Certificate Holders within 30 days after you provide such information to us. Proof of our emailing the Advice using the information provided by you will serve as proof that we have fully satisfied our obligations under this Endorsement. This Endorsement does not affect in any way coverage provided under this Policy or the cancellation of this Policy or the effective date thereof nor shall this Endorsement invest any rights in any entity not insured under this Policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Application Representation Endorsement Named Insured Endorsement Number SES Foam LLC 009 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 08 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. APPLICATION REPRESENTATION ENDORSEMENT It is hereby agreed that the following is added to VI. CONDITIONS Paragraph J. Representations Further in the event that you submit a completed and executed application from an insurer other than us you represent and warrant that the information contained in such application and in any and all supporting documentation is true and accurate. You understand that this Policy is issued based upon our reliance on the accuracy of the information disclosed and the truth of the statements made in such application and any and all such supporting documentation. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Asbestos Exclusion Endorsement Named Insured Endorsement Number SES Foam LLC 010 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 66 1012017 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT It is hereby agreed that l. COVERAGES 2. Exclusions Paragraph B. Exclusions applicable to Coverages 1B 1H is amended to include the following This insurance does not apply to Asbestos Solely with respect to Coverage 1B Products Pollution Liability andor Coverage 1C Hostile Fire Building Equipment Liability 1 Bodily injury arising out of the presence ingestion or inhalation or absorption of or exposure to asbestos in any form or 2 Property damage arising out of the presence of or exposure to asbestos in any form. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Coverage 1F Site Time Element Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 011 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE 1F SITE TIME ELEMENT AMENDATORY ENDORSEMENT It is hereby agreed that I. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Coverage 1F Site Time Element Bodily Injury and Property Damage is deleted in its entirety and replaced with the following 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 1 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 you and is not covered under Coverage Section 3 2 results in bodily injury or property damage that is demonstrable as having commenced at an identifiable time and place during the policy period 3 is discovered no later than twenty 20 calendar days after its commencement and 4 is reported to us no later than eighty 80 calendar days after its commencement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Additional Insured Owners Lessees or Contractors On Going Operations Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 012 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 28 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS ON GOING OPERATIONS AMENDATORY ENDORSEMENT Solely with respect to l. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY the Policy is amended as follows SCHEDULE Name of Additional Insured Persons or Organizations Where required by written insured contract Information required to complete this Schedule if not shown above will be shown in the Declarations. 1. lll. 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 environmental damage caused in whole or in part by your work that is not included in the products completed operations hazard. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Additional Insured Owners Lessees or Contractors On Going Operations Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 013 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 28 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS ON GOING OPERATIONS AMENDATORY ENDORSEMENT Solely with respect to l. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY the Policy is amended as follows SCHEDULE Name of Additional Insured Persons or Organizations Meritage Homes Corporation 8800 East Raintree Drive Suite 300 Scottsdale AZ 85260 Information required to complete this Schedule if not shown above will be shown in the Declarations. 1. lll. 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 environmental damage caused in whole or in part by your work that is not included in the products completed operations hazard. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Additional Insured Owners Lessees or Contractors Completed Operations Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 014 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 04 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS AMENDATORY ENDORSEMENT Solely with respect to l. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY the Policy is amended as follows SCHEDULE Name of Additional Insured Persons or Location and Description of Completed Organizations Operations Where required by written insured contract Where required by written insured contract Information required to complete this Schedule if not shown above will be shown in the Declarations. 1. lll. 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 environmental 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. 2. Notwithstanding VI. CONDITIONS Paragraph I. Other Insurance with respect to the insurance afforded to the additional insureds added by this Endorsement this Policy shall be primary to and non contributory with any other insurance available to that person or organization when required by written insured contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Blanket Waiver of Subrogation Condition Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 015 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 30 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION CONDITION AMENDATORY ENDORSEMENT It is hereby agreed that VI. CONDITIONS Paragraph O. Subrogation is deleted in its entirety and replaced with the following 0. Subrogation 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 and the insured shall not do anything to impair such rights. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Any amounts so recovered by us shall be allocated first to the expenses incurred in such recovery prorated in accordance with each interested party s share in the total recovery then to the insured to the extent of any Deductible it actually has paid and any payments it actually has made in excess of the applicable Limits of Liability and last to us to the extent of our payment under this Policy. However if the insured has waived rights of recovery against any person or organization in a written insured contract prior to a claim or loss we also waive such right of recovery we may have under this Policy against such person ororganization. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED | 2 |
Endorsement Title Additional Insured Primary and Non Contributory Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 016 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 05 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY AMENDATORY ENDORSEMENT Solely with respect to l. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Coverage 1A General Liability and Section 2. OTHER LIABILITY COVERAGES Coverage 2A Personal and Advertising Injury the Policy is amended as follows SCHEDULE Name of Additional Insured Persons or Organizations where required by written insured contract Information required to complete this Schedule if not shown above will be shown in the Declarations. 1. The persons or organizations shown in the Schedule above are insureds under lll. WHO IS AN INSURED Paragraph F. of this Policy subject to all of the terms and condition of such paragraph. 2. Notwithstanding VI. CONDITIONS Paragraph I. Other Insurance with respect to the insurance afforded to the additional insureds added by this Endorsement this Policy shall be primary to and non contributory with any other insurance available to that person or organization when required by written insured contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Defense Subject to the Deductible Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 017 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFENSE SUBJECT TO DEDUCTIBLE AMENDATORY ENDORSEMENT It is hereby agreed that that ll. LIMITS OF LIABILITY AND DEDUCTIBLE Paragraph B. Deductible is deleted in its entirety and replaced with the following B. Deductible The Limits of Liability apply in excess of the applicable Deductible amounts set forth in Item 6 of the Declarations. A separate Deductible will apply to i each occurrence or pollution condition or ii related continuous or repeated occurrences or pollution conditions. The Deductible shall include legal expense. If the same related continuous or repeated occurrence or pollution condition results in application of more than one Deductible only the highest applicable Deductible shall apply. We will have no duty to make any payment under this Policy until you pay the applicable Deductible. We may but are not obligated to advance amounts for loss within the Deductible. Upon our request you will promptly reimburse us for any amounts within the Deductible that we have advanced. The Deductible shall be paid by you and remain uninsured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Premium Installment Endorsement Named Insured Endorsement Number SES Foam LLC 018 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM INSTALLMENT ENDORSEMENT It is hereby agreed that agreed that the Policy is amended as follows 1. VI. CONDITIONS is amended by the addition of the following Policy Premium Installment The first named insured shall pay the premium in five 5 installments in the amounts and at the date specified set forth in Item 4. of the Declarations. In the event that the first named insured fails to pay either installment when it is due the Policy shall be subject to cancellation pursuant to the terms set forth in VI. CONDITIONS Paragraph B.Cancellation. 2. Item 4. PREMIUM of the Declarations is deleted in its entirety and replaced with the following Item 4 PREMIUM a Policy Premium 65325 is to be paid in five installments i First Installment is due at inception date 16331.24 ii Second Installment is due at 11012020 12248.44 iiii Third Installment due on or before 12012021 12248.44 iv Fourth Installment due on or before 1012021 12248.44 v Fifth Installment due on or before 2012021 12248.44 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. P | 2 |
Endorsement Title Hired Auto and Non Owned Auto Liability Coverage Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 019 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 58 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON OWNED AUTO LIABILITY COVERAGE AMENDATORY ENDORSEMENT Solely with respect to the named insureds set forth immediately below the policy is amended as follows Named Insureds SES Foam LLC This endorsement modifies insurance provided under Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Coverage 1A General Liability. This endorsement is subject to all of the provisions of Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Coverage 1A General Liability except as otherwise provided in this endorsement. All numbers and letters used to designate paragraphs in this endorsement are specific to this endorsement only. They do not reference paragraphs in Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Coverage 1A General Liability. Insurance is provided only with respect to those coverages for which a specific Limit of Insurance and Premium are shown SCHEDULE Coverage Limit of liability Additional Premium A. Hired Auto Liability Each Occurrence Limit S B. Non owned Auto Liability Each Occurrence Limit S Aggregate Limit Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Hired Auto Liability The insurance provided under Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY COVERAGE 1A General Liability applies to bodily injury or property damage resulting from the maintenance or use of a hired auto by you or your employees in the course of your business. B. Non owned Auto Liability The insurance provided under Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY COVERAGE 1A General Liability applies to bodily injury or property damage resulting from the use of a non owned auto by any person in the course of your business. | 2 |
C. Changes in Exclusions For the purposes of this endorsement only 1. The following exclusions under Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Coverage 1A General Liability 2. Exclusions A. Coverage 1A are deleted in their entirety a. Liquor Liability and b. Mobile Equipment. 2. The following exclusions under Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Common Exclusions Applicable To Coverage Section 1 and 2 are deleted in their entirety Aircraft Auto or Watercraft Contractual Liability Damage To Property Employer Liability Impaired Property Or Property Not Physically Injured Product Recall Your Product Your Work. Smepap oo 3. The following exclusions are added to Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Common Exclusions Applicable To Coverage Section 1 and 2 This insurance does not apply to Contractual Liability Bodily injury or property damage which the insured is obligated to pay by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Employer Liability Bodily injury to 1 An employee of any insured arising out of and in the course of a Employment by any insured or b Performing duties related to the conduct of any 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 any insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. | 2 |
This exclusion does not apply to 1 Liability assumed by the insured under an insured contract 2 Bodily injury arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law Damage to Property Property damage to a Property owned or being transported by or rented or loaned to the insured or b Property in the care custody or control of the insured. D. LIMITS OF LIABILITY AND DEDUCTIBLE For the purposes of this endorsement only the following is added to ll. LIMITS OF LIABILITY AND DEDUCTIBLE Paragraph A. Limits of Liability The Aggregate Limit set forth in the Schedule above is the most we will pay as damages for bodily injury or property damage sustained and expenses incurred in the defense and adjustment of all claims and suits regardless of how many persons assert claims or suits against you insureds or number of occurrences. Subject to the Aggregate Limit the Each Occurrence Limit is the most we will pay for all damages resulting from any one occurrence regardless of the number of hired autos non owned autos insureds premiums paid claims made or vehicles involved in the occurrence. These Limits of Insurance shown in the Schedule above are subject to and not in addition to the General Aggregate Limit shown in the Declarations of the policy. Payments under these Limits of Insurance are part of and erode the policy General Aggregate Limit of Insurance shown in the Declarations. E. WHO IS AN INSURED For the purposes of this endorsement only lll. WHO IS AN INSURED deleted in its entirety and replaced by the following lIl. WHO IS AN INSURED A. Each of the following is an insured under this endorsement to the extent set forth below 1. You 2. Any other person using a hired auto with your permission 3. For anon owned auto a Any partner or executive officer of yours or b Any employee of yours but only while such non owned auto is being used in your business and 4. Any other person or organization but only for their liability because of acts or omissions of an insured under 1 2. or 3. above. | 2 |
B. of the following is an insured 1. Any person engaged in the business of his or her employer for bodily injury to any co employee of such person injured in the course of employment or to the spouse child parent brother or sister of that co employee as a consequence of such bodily injury or for any obligation to share damages with or repay someone else who must pay damages because of the injury 2. Any partner or executive officer for any auto owned by such partner or officer or a member of his or her household 3. Any person while employed in or otherwise engaged in duties in connection with an auto business other than an auto business you operate 4. The owner or lessee of whom you are a sublessee of a hired auto or the owner of a non owned auto or any agent or employee of any such owner or lessee or 5. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. F. Changes in Conditions For the purposes of this endorsement only VI. CONDITIONS Paragraph I. Other Insurance is deleted and replaced by the following Other Insurance This insurance is excess over any primary insurance covering the hired auto or non owned auto. G. Additional Definitions For the purposes of this endorsement only VII. DEFINITIONS is amended as follows 1. The following are added to Auto business means the business or occupation of selling repairing servicing storing or parking autos. Hired auto means any auto you lease hire rent or borrow. This does not include any auto you lease hire rent or borrow from any of your employees your partners or your executive officers or members of their households. Non owned auto means any auto you do not own lease hire rent or borrow which is used in connection with your business. This includes autos owned by your employees your partners or your executive officers or members of their households but only while used in your business or your personal affairs. 2. Paragraph D. Auto is deleted in its entirety and replaced with the following D. Auto means private passenger vehicles. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Additional Insured Site Pollution Liability Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 020 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED SITE POLLUTION LIABILITY AMENDATORY ENDORSEMENT It is hereby agreed that the Policy is amended as follows 1. Solely with respect to the covered location scheduled below on this endorsement COVERAGES Section 3. SITE POLLUTION LIABILITY it is hereby agreed the following entity is named to the Policy as an additional insured provided that coverage will apply as follows a. Solely with respect to liability resulting from the named insured s ownership operation maintenance or use of the scheduled covered location on this endorsementand b. Only if the additional insured is named in a suit as a co defendant with the named insured alleging the additional insured is liable on the basis described in Paragraph a.above. Scheduled Covered Location with Retroactive Date of 08012019 2400 Spring Stuebner Road Spring TX 77389 Additional Insureds Welcome Industrial Sub Seven LLC 5858 Westheimer Suite 800 Houston TX 77057 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Site Pollution Liability Coverage Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 021 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SITE POLLUTION LIABILITY COVERAGE AMENDATORY ENDORSEMENT Solely with respect to the covered location scheduled below 1 COVERAGES Section 3. SITE POLLUTION LIABILITY is deleted in its entirety and replaced with the following It shall be a condition precedent to coverage for each of Coverages 3A through 3E to apply that the pollution condition i must take place in the coverage territory ii is demonstrable as having commenced at an identifiable time and place during the policy period iii is discovered by a responsible insured during the policy period and no later than seven 7 calendar days after its commencement and iv is reported to us no later than twenty one 21 days after its commencement. Solely with respect to coverages 3B through 3E a claim for such property damage andor clean up expense whichever is applicable shall be first made against the insured and reported to us during the policy period pursuant to IV.RIGHTS AND DUTIES OF THE INSURER AND THE INSURED or the extended reporting period if applicable. Coverage 3A First Party Discovery of On Site Pollution We will pay on behalf of the insured clean up expense on at or under the covered location provided that where required by environmental law in effect as of the date of discovery such pollution condition is reported to the appropriate governmental agency. Coverage 3B Legal Liability for On Site Clean Up Expense We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as loss because of clean up expense resulting from a pollution condition on at or under the covered location. Coverage 3C Legal Liability for Off Site Clean Up Expense We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as loss because of clean up expense resulting from a pollution condition beyond the boundaries of the covered location and migrating from or through such covered location. Coverage 3D Legal Liability for On Site Property Damage We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as damages because of property damage resulting from a pollution condition on at or under the covered location. | 2 |
Coverage 3E Legal Liability for Off Site Property Damage We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as damages because of property damage resulting from a pollution condition beyond the boundaries of a covered location and migrating from or through such covered location. Scheduled of Covered Location 2400 Spring Stuebner Road Spring TX 77389 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Site Pollution Condition Liability Limits Separate Aggregate Limit Amendatory Endorsement Named Insured SES Foam LLC Endorsement Number 022 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 11 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SITE POLLUTION LIABILITY LIMITS SEPARATE AGGREGATE LIMIT AMENDATORY ENDORSEMENT It is hereby agreed that the Policy is amended as follows 1. Solely with respect to the covered location scheduled on this endorsement Item 7. of the Declarations is amended by adding the following at the end thereof c Site Pollution Liability Aggregate Limit 2000000 2. The following is added to ll. LIMITS OF LIABILITY AND DEDUCTIBLE Paragraph A.2. General Aggregate Limit for the scheduled covered location on this endorsement Notwithstanding anything stated to the contrary contained in this Paragraph 2. the General Aggregate Limit set forth in Item 7a shall not apply to loss arising under Coverages 3A through 3E. Instead the Site Pollution Liability Aggregate Limit set forth in Item 7c of the Declarations is the most we will pay for all loss under Coverages 3A through 3E. Schedule of Covered Location with Retroactive date Covered Location Retroactive date 2400 Spring Stuebner Road 812019 Spring TX 77389 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Additional Insured Managers or Lessors of the Premises Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 023 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF THE PREMISES AMENDATORY ENDORSEMENT It is hereby agreed that the Policy is amended as follows 1. Solely with respect to l. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY Coverage 1A. General Liability the Policy is amendedas follows SCHEDULE 1. Designation of Premises Part Leased to You 2400 Spring Stuebner Road Spring TX 77389 2. Name of Person or Organization Additional Insured Welcome Industrial Sub Seven LLC 5858 Westheimer Suite 800 Houston TX 77057 Information required to complete this Schedule if not shown above will be shown in the Declarations. 1. lll. 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 resulting from the ownership maintenance or use of that part of the premises leased to you and shown in such Schedule and provided any additional premium shown in such Schedule is paid when due. 2. Solely with respect to the person or organization and premises shown in the Schedule above the following exclusions are added to Coverage 1A. General Liability 2. Exclusions Paragraph A. i Any occurrence that takes place after you cease to be a tenant in or lease of the premises. i Structural alterations new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule above. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Advice of Cancellation Amendatory Endorsement Named Insured SES Foam LLC Endorsement Number 024 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 07 612016 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVICE OF CANCELLATION AMENDATORY ENDORSEMENT It is hereby agreed that VI. CONDITIONS is amended by the addition of the following In the event that we cancel this Policy for any reason other than non payment of premium and 1. the cancellation effective date is prior to this Policy s expiration date 2. you are under an existing contractual obligation to notify a certificate holder when this Policy is canceled hereinafter the Certificate Holders and have provided to us either directly or through your broker of record the email address of a contact at each such entity and 3. we received this information after you received notice of cancellation of this Policy and prior to this Policy s cancellation effective date via an electronic spreadsheet that is acceptable tous we will provide advice of cancellation the Advice via e mail to each such Certificate Holders scheduled below on this Endorsement within30 days after you provide such information to us. Proof of our emailing the Advice using the information provided by you will serve as proof that we have fully satisfied our obligations under this Endorsement. This Endorsement does not affect in any way coverage provided under this Policy or the cancellation of this Policy or the effective date thereof nor shall this Endorsement invest any rights in any entity not insured under this Policy. Scheduled Certificate Holders Welcome Industrial Sub Seven LLC 5858 Westheimer Suite 800 Houston TX 77057 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Underground Storage Tank Definition Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 025 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERGROUND STORAGE TANK DEFINITION AMENDATORY ENDORSEMENT It is hereby agreed that VII. DEFINITIONS Paragraph WW. Underground storage tank is deleted in its entirety and replaced with the following WW. Underground storage tank means any one tank or combination of tanks including underground pipes attached thereto that has at least 10 of its volume below ground level if outdoors or below the ground floor level if indoors. Underground storage tank includes septic tanks sump pumps oil water separators stormwater or wastewater collection systems. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Lease Termination Amendatory Endorsement Named Insured Endorsement Number SES Foam LLC 026 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEASE TERMINATION AMENDATORY ENDORSEMENT It is hereby agreed that the Policy is amended as follows 1. Except with respect to the coverage provided in Paragraph 2. of this Endorsement effective on the lease termination date the entity scheduled below is deleted as an insured under this Policy. 2. Solely with respect to the insured scheduled below it is hereby agreed asfollows A. 8l. COVERAGES Section 3. SITE POLLUTION LIABILITY Paragraph 1. Insuring Agreements is deleted in its entirety and replaced with thefollowing 1. Insuring Agreements It shall be a condition precedent to coverage for each of Coverages 3B through 3E below to apply that i the pollution condition takes place in the coverage territory and first commences on or after the inception date and prior to the lease termination date and i a claim for such bodily injury property damage andor clean up expense whichever is applicable is first made against the insured and reported to us during the policy period pursuant to IV.RIGHTS AND DUTIES OF THE INSURER AND THE INSURED or the extended reporting period ifapplicable. B. VII. DEFINITIONS is amended by the addition of thefollowing Lease termination date means 10212019. Scheduled Deleted Entity Accella Polyurethane Systems LLC ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Endorsement Title Communicable Disease Endorsement Named Insured Endorsement Number SES Foam LLC 027 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 Manuscript Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION ENDORSEMENT It is hereby agreed that 1. l. COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY 2. Exclusions Paragraph A. Exclusions applicable to Coverage 1A. is amended to include the following This insurance does not apply to Communicable Disease Bodily injury or property damage arising in whole or in part out of any communicable disease or fear or threat whether actual or perceived of a communicable disease. 2. l. COVERAGES Section 2. OTHER LIABILITY COVERAGES 2. Exclusions Paragraph A. Exclusions applicable to Coverage 2A. is amended to include the following This insurance does not apply to Communicable Disease Personal and advertising injury arising in whole or in part out of any communicable disease or fear or threat whether actual or perceived of a communicable disease. The exclusions set forth in Paragraphs 1. andor 2. of this endorsement applyies even if the claims against the insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the disease or d. Failure to report the disease to authorities. | 2 |
3. VII. DEFINITIONS is amended by the addition of the following Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where a. the substance or agent includes but is not limited to a virus bacterium parasite or other organism or any variation thereof whether deemed living or not and b. the method of transmission whether direct or indirect includes but is not limited to airborne transmission bodily fluid transmission transmission from or to any surface or object solid liquid or gas or between organisms and c. the disease substance or agent can cause or threaten bodily injury damage to human health human welfare or property damage. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED | 2 |
Endorsement Title Professional Liability for Coverage 1. Commercial General Liability and Pollution Liability and Coverage 2A Exclusion Endorsement Named Insured Endorsement Number SES Foam LLC 028 Policy Form Policy Number Policy Period Enviant Endorsement Number GAPLESS ENVP0000133 20 10012020 to 10012021 GAP 10 46 1012018 Issued by Effective Date of Endorsement Certain Underwriters at Lloyd s London 10012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY FOR COVERAGE 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY AND COVERAGE 2A EXCLUSION ENDORSEMENT It is hereby agreed that the following exclusion is added to 1 COVERAGES Section 1. COMMERCIAL GENERAL LIABILITY AND POLLUTION LIABILITY and Section 2. OTHER LIABILITY COVERAGES Coverage 2A Personal and Advertising Injury This insurance does not apply to Professional Services Bodily injury property damage environmental damage or personal and advertising injury arising in whole or in part from the rendering of or failure to render any professional services. 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 property damage environmental damage or personal and advertising injury involved the rendering or failure to render any professional services. For the purposes of this exclusion professional services mean those architectural engineering consulting instruction training or certification testing data evaluation or interpretation project management or construction management services that are performed by you or on your behalf. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Customer Copy f BITCO INSURANCE COMPANIES Teaet PREMIUM PAYMENT SCHEDULE Payment Plan MM TRANSACTION PREMIUM 3571.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 INSTALLMENT DUE DATE 11012019 01012020 02012020 03012020 04012020 05012020 06012020 07012020 08012020 STATE CHARGES TRANSACTION Downpayment Installment Installment Installment Installment Installment Installment Installment Installment TOTAL PREMIUM 3571.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 Our records indicate your premium will be paid in instaliments. This schedule is provided as a convenience to let you know how much each payment will be and when it will be due. If you are paying your agent your agent will provide you with information on how you should pay the premium. If you are paying us we will send you a bill stating how much you owe and when it must be paid. Please pay the amount due by the due date or your policy may be cancelled for non payment of premium. Named Insured CORING CUTTING SERVICES INC. Policy Number CLP 3 687 298 B Schedule Effective Date 11 01 19 Policy Effective Date 11 01 19 CORING CUTTING SERVICES INC. 120 W 72ND STREET SUITE 200 KANSAS CITY MO 64114 GOX1508 1292 | 2 |
Agent Copy BITCO INSURANCE COMPANIES Teaet PREMIUM PAYMENT SCHEDULE This premium payment schedule replaces the payment provision in the policy listed below. Payment Plan MM INSTALLMENT DUE TRANSACTION STATE TRANSACTION DATE PREMIUM CHARGES Downpayment 11012019 3571.00 Installment 01012020 1784.00 Instaliment 02012020 1784.00 Installment 03012020 1784.00 Instaliment 04012020 1784.00 Installment 05012020 1784.00 Installment 06012020 1784.00 Installment 07012020 1784.00 Installment 08012020 1784.00 INSTALLMENT DUE DATE 11012019 01012020 02012020 03012020 04012020 05012020 06012020 07012020 08012020 STATE CHARGES TRANSACTION Downpayment Installment Installment Installment Instaliment Installment Installment Installment Installment TOTAL PREMIUM 3571.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 1784.00 Our records indicate your premium will be paid in installments. This schedule is provided as a convenience to let you know how much each payment will be and when it will be due. If you are paying your agent your agent will provide you with information on how you should pay the premium. If you are paying us we will send you a bill stating how much you owe and when it must be paid. Please pay the amount due by the due date or your policy may be cancelled for non payment of premium. Named Insured CORING CUTTING SERVICES INC. Policy Number CLP 3 687 298 B Schedule Effective Date 11 01 19 Policy Effective Date 11 01 19 LOCKTON COMPANIES LLC KS CITY SER 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 GOX1508 1292 | 2 |
AGENT INFORMATION PAGE. Insured PolicyNo. CLP 3 687 298 B CoRinG CUTTING SERVICES INC. Previous Policy No. CORING CUTTING SERVICES LITTLE ROCK 2711 SE OTIS CORLEY DR RENEWAL OF CLP 3 674 292 o Co. BITCO GENERAL INSURANCE CORPORATION Policy Period 11 01 19 to 11 01 20 Transaction Date 11 01 19 End No. Insured Insured Contact. MATT MILLER Phone No. 816523 2131 Branch Office KANSAS CITY Producer LOCKTON COMPANIES LLC KS CITY SERIES Prod. Code. 444 W. A47TH STREET SUITE 900 KANSAS CITY MO 64112 Deposit Premium Commission Rate 17843.00.180 Audit ANNUAL P Rollover N Instaliment Plan M No. of Payments Und. Loc. CUR BR REN BR BR AGENCY BILL Date Printed 102819 0006001 FOR AGENTS USE ONLY THIS IS NOT PART OF THE POLICY. GU2318a 0203 Sy e s e e w CORING CUTTING SERVICES INC. revious Policy No. CORING CUTTING SERVICES LITTLE ROCK 271 ENEWAL OF CLP 3 674 292 BENOiEIHSAOZDR BITCO GENERAL INSURANCE CORPORATION olicy Period 11 01 19 to 11 01 20 Transaction Date 11 01 19 End No. 1sured Insured ontact. MATT MILLER Phone No. 816523 2131 ranch Office KANSAS CITY roducer LOCKTON COMPANIES LLC KS CITY SERIES Prod. Code. 444 W. A47TH STREET SUITE 900 KANSAS CITY MO 64112 eposit Premium Commission Rate 17843.00.180 Audit ANNUAL P Rollover N staliment Plan M No. of Payments nd. Loc. CUR BR REN BR BR AGENCY BILL ate Printed 102819 00060 End No. Commission Rate.180 Audit ANNUAL Rollover N No. of Payments BR AGENCY BILL | 2 |
Sl BITCO INSURANCE COMPANIES ek BITCO General Insurance Corporation CAPITAL STOCK INSURANCE COMPANIES 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 Toll Free Number 1 800 475 4477 CLP 3687 298 GU4843 0416 KANSAS CITY BR | 2 |
NOTICE BITCO BRANCH CLAIM OFFICES 14301 FNB Parkway Ste. 217 Linden Place Omaha NE 68154 Tel 402 614 7880 866 562 6996 toll free 402 614 5763 Fax P.O. Box 12936 Oklahoma City OK 73157 2936 Tel 405 767 2064 800 947 0809 toll free Fax 833 224 1039 Foster Plaza Five 651 Holiday Drive Ste. 220 Pittsburgh PA 15220 2757 Tel 412 937 9000 800 253 1232 toll free Fax 833 224 1041 P.O. Box 10347 Knoxville TN 37939 0347 Tel 865 588 8157 800 374 2318 toll free Fax 865 558 8658 1701 Centerview Drive Ste. 203 Little Rock AR 72211 Tel 501 224 3080 800 876 8147 toli free Fax 844 712 8156 3700 Crestwood Parkway Ste. 650 Duluth GA 30096 5599 Tel 770 923 7551 800 822 2905 toll free Fax 844 377 4676 P.O.Box 718 Shawnee Mission KS 66201 0718 Tel 913 262 4664 800 821 5354 toll free Fax 855 227 6973 111 Veterans Blvd. Ste. 404 Metairie LA 70005 3043 Tel 504 837 5480 800 805 0311 toll free Fax 833 224 1038 P.O. Box 291689 Nashville TN 37229 1689 Tel 615 871 9042 800 342 5786 toll free Fax 833 224 1037 P.O. Box 65605 West Des Moines IA 50265 0605 Tel 515 223 1122 800 383 1122 toll free Fax 844 462 2024 P.O. Box 167968 Irving TX 75016 7968 Tel 972 506 9591 800 683 9591 toll free Fax 833 224 1042 9901 IH 10 West Ste. 1050 San Antonio TX 78230 Tel 210 340 8199 888 857 8031 toll free Fax 844 250 1519 300 N. Meridian Ste. 920 Indianapolis IN 46204 Tel 317 243 6721 800 382 9991 toll free Fax 844 371 2497 12600 W. Colfax Ave. Ste. B310 Lakewood CO 80215 Tel 303 985 9494 877 746 1748 toll free Fax 833 224 1035 P.0. Box 1210 Brookfield Wi 53008 1210 Tol 262 792 9254 800 242 6258 toll free Fax 833 224 1036 P.0. Box 474630 Charlotte NC 28247 Tel 704 341 3725 800 642 2507 toll free Fax 833 200 2221 10733 Sunset Office Drive Ste. 430 St. Louis MO 63127 1033 Tel 314 822 4446 800 723 8632 toll free Fax 833 224 1034 4252 Carmichael Road Ste. 231 Montgomery AL 36106 2804 Tel 334 215 0633 800 239 7400 toll free Fax 334 244 1194 5920 NE Ray Circle Ste. 250 Hillsboro OR 97124 Tel 503 686 7006 844 794 7394 foll free Fax 503 430 0739 HOME OFFICE 3700 Market Square Circle Davenport IA 52807 TELEPHONE NUMBER 563 232 0499 TOLL FREE NUMBER 1 800 475 4477 GU4845 0819 | 2 |
IMPORTANT POLICYHOLDER INFORMATION Arkansas Inquiries concerning your policy should be directed to your insurance agent or to our policyholder customer service unit. The name address and telephone number of your agent if one is involved and the address and phone number of our palicyholder customer service unit are shown below KANSAS CITY P.0. BOX 718 STE. 100 SHAWNEE MISSION KS 66201 0718 800 821 5354 LOCKTON COMPANIES LLC KS CITY SERIES 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 816 960 9000 If you require additional information you may contact the Arkansas Insurance Department at either the following address or phone number Arkansas Insurance Department 1200 West Third Street Little Rock AR 72201 Telephone 501 371 2640 or 800 852 5494 GO1990b 01 10 | 2 |
NOTICE PRIVACY STATEMENT BITCO Insurance Companies is strongly committed to protecting the confidentiality of our customers non public personal information. We collect information about our customers on a routine basis. The collection of this information is necessary to effect administer or enforce a transaction that you our customer have authorized. Even after our business relationship ends your personal information remains confidential. This notice describes our privacy policy and explains how we treat the information we receive about you Information about you is collected through your application for insurance or submission of a claim. This information may include but is not limited to Identification Information such as name address Social Security Number employer identification number date of birth age and gender. Personal Financial Information such as credit history bank account information employment history wage history and bankruptcy information. Medical Information such as a physician s diagnosis and injury information Other Information such as motor vehicie reports courthouse records police fire reports and reports from government agencies i.e. Department of Transportation Environmental Protection Agency. How We Use Your Information We use the information about you to conduct normal business activities as requested by you our customer. Normal business includes servicing or processing an insurance product or service requested by you. Underwriting of your insurance coverage and processing claims on your coverage are normal business activities in which we engage. How We Disclose Your Information We may disclose information necessary to conduct normal business activity or activities required by law or regulation. Information may be disclosed to others to enable them to provide a business service to us. Examples of this situation would be outside medical payment review independent adjusters servicing claims and data gathering organizations needing information for establishing rates. Information may also be sent to regulatory agencies state insurance departments or law enforcement agencies for the prevention of fraud. We may make other disclosures of information as permitted or required by law within the scope of normal business activities We do not make disclosures of information for the purpose of cross selling or marketing nonaffiliated third parties products or services. For example we do not and will not sell your name to a mail order catalog company or other marketing ventures. How We Protect and Secure information Access to your non public personal information is restricted to those who need to know your information to provide products or services to you. Our employees are required to protect and maintain the confidentiality of your information. Employees must follow and comply with established policies and procedures regarding customer privacy. We maintain physical electronic and procedural safeguards to secure your nonpublic personal information. Former Customers The above privacy statement remains in force when a customer relationship no longer exists with you BITCO Insurance Companies will always keep your nonpublic personal information confidential. Questions If you have any questions regarding this privacy statement please contact our privacy coordinator at 1 800 475 4477. BITCO General Insurance Corporation BITCO National Insurance Company GU3076 0416 | 2 |
ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC 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 AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. THIS NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO DIRECTIVES ISSUED BY OFAC. PLEASE READ THIS NOTICE CAREFULLY. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers As Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpAwww. treas.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Copyright Insurance Services Office Inc. 2003 GU4320 0504 Page 1 of 1 | 2 |
BITCO INSURANCE COMPANIES Issuing and Policyholder Servicing Office 3700 Market Square Circle Davenport 1A 52807 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act as amended you have a right to purchase insurance coverage for losses resulting from acts of terrorism as defined in Section 1021 ofhe Act. The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 THROUGH 2015 84 BEGINNING ON JANUARY 1 2016 83 BEGINNING ON JANUARY 1 2017 82 BEGINNING ON JANUARY 1 2018 81 BEGINNING ON JANUARY 1 2019 AND 80 BEGINNING ON JANUARY 1 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION YOUR COVERAGE MAY BE REDUCED. Acceptance or Rejection of Terrorism Insurance Coverage FAILURE TO RETURN THIS SIGNED FORM PRIOR TO POLICY INCEPTION INDICATING AN ELECTION TO PURCHASE TERRORISM COVERAGE AS DEFINED BY THE ACT WILL BE DEEMED YOUR REJECTION OF TERRORISM COVERAGE. HOWEVER PAYMENT OF THE TERRORISM PREMIUM PRIOR TO POLICY INCEPTION WILL BE DEEMED AN ACCEPTANCE OF THIS OFFER OF TERRORISM COVERAGE. Please indicate your section by an hereby elect to purchase terrorism coverage for a prospective premium of 83. hereby decline to purchase terrorism coverage for certified acts of terrorism. 1 understand that will have no coverage for losses resulting from certified acts of terrorism CORING CUTTING SERVICES INC. CLP 3 687 298 Name of Insured Policy Number BITCO GENERAL INSURANCE CORPORATION 11 01 19 Name of Insurer Effective Date Policyholder Applicant s Signature T Date Print Name BITCO INSURANCE COMPANIES BITCO General Insurance Corporation BITCO National Insurance Company GU4871 0416 | 2 |
BITCO INSURANCE COMPANIES 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 Remuneration is the total gross earings of your employees. See Overtime below for further details. Gross sales is the gross amount charged by you for your products services or rfentals Total subcontractor cost is the cost to you of all work you let or sublet. Cost of material and equipment you furnished to your subcontractors may be handled differently under workers compensation than general liability coverage. Consult with your auditor for further information. Overtime in most states the penalty portion of overtime payroll or the amount paid in excess of the regular rate of pay is excluded from the total payroll on which the premium is based You must however maintain your records to show separately by employee and in summary by type of work the amount of overtime paid. Overtime deductions under workers compensation currently are not applicable in the states of Delaware Pennsylvania Utah Nevada and to Stevedoring Operations. Payroll Segregation Insurance rates differ by type of work performed. The Premium Auditor must place each employee in the proper occupational category or insurance classification approved by the state. Since each classification has a different premium rate proper placement s important By segregating your employee payroll records by type of work you should receive a more prompt and equitable premium adjustment. Consolidated Wrap Up Insurance Programs It you are a contractor involved in a consolidated wrap up insurance program your payroli receipts will not be automatically excluded from our audit. Please be sure to contact your agent before you begin working under a wrap up program. If your policies are not endorsed properly payrollireceipts will not be excluded from the audi. WHY IS AN AUDIT NECESSARY This policy was issued with an estimated premium which requires an adjustment after the policy expires. The estimated premium for this type of policy is usually based on the amount of your payroll sales or subcontractor cost during the term of the policy After the policy expires and the actual amount of the payroll sales or cost can be determined the estimated premium is adjusted to develop the final premium. If the adjusted premium is less than the estimated premium the difference will be refunded. If it is more you will receive a bill for the additional premium WHO WILL MAKE THE AUDIT When the policy expires either a Premium Auditor will make an appointment with you to review the records that pertain to your company payrolls and other exposures covered by your policyies with BITCO or a Policyholder s Report will be mailed to you for completion Premium Auditors are knowledgeable in both accounting and insurance and will obtain the necessary information to make the premium adjustment with a minimum of inconvenience to your staff. WHAT WILL THE PREMIUM AUDITOR DO The Premium Auditor wili examine your books of original entry and ledger accounts that pertain to the variable factors on which the premium is based. The payroll portion of the audit will normaily be verified to your quarterly tax reports. Additionally during the course of the audt the Auditor may also ask some questions about your records and personally observe the various operations of your business. Automated Records If your records are automated or if they will be automated in the near future the Premium Auditor will be pleased to assist you in sefting up your records to include insurance requirements Premium Base The most common premium bases are total remuneration payroll gross sales and total subcontractor cost. A rate is appiied to the premium base to develop the premium. The premium base used is determined by the type of policy and by the type of business being insured Remuneration is the total gross earings of your employees. See Overtime below for further details. Gross sales is the gross amount charged by you for your products services or rfentals Total subcontractor cost is the cost to you of all work you let or sublet. Cost of material and equipment you furnished to your subcontractors may be handled differently under workers compensation than general liability coverage. Consult with your auditor for further information. Overtime in most states the penalty portion of overtime payroll or the amount paid in excess of the regular rate of pay is excluded from the total payroll on which the premium is based You must however maintain your records to show separately by employee and in summary by type of work the amount of overtime paid. Overtime deductions under workers compensation currently are not applicable in the states of Delaware Pennsylvania Utah Nevada and to Stevedoring Operations Payroll Segregation Insurance rates differ by type of work performed. The Premium Auditor must place each employee in the proper occupational category or insurance classification approved by the state. Since each classification has a different premium rate proper placement is important By segregating your employee payroll records by type of work you should receive a more prompt and equitable premium adjustment. Consolidated Wrap Up Insurance Programs It you are a contractor involved in a consolidated wrap up insurance program your payroli receipts will not be automatically excluded from our audit. Please be sure to contact your agent before you begin working under a wrap up program. If your policies are not endorsed properly payrollireceipts will not be excluded from the audi. SUBCONTRACTORS PREMIUM CHARGES Workers Compensation You may be held responsible when a subcontractor s employee is injured. Most Workers Compensation laws provide that the general or principal contractor shall be responsible for compensation to employees. of subcontractors in the absence of appropriate subcontractors coverage For this reason it is important that each subcontractor you use furnish you with certficates of insurance. Failure to secure a subcontractor s certificate of insurance will result in an additional premium charge. The premium auditor will ask to see these certificates of insurance as proof that each subcontractor was separately insured. General Liability Your general liabilty policy may contain subcontractor classifications with rates based on operations performed for you by adequately insured subcontractors. It any of your subcontractors do not have proof of adequate insurance we will charge for the subcontractors without adequate insurance as if they were your employees. This usually means that a higher rate will be charged to you. It is important for you to verify the limits of insurance carried by your subcontractors by securing a certificate of insurance from each and every one of them For rating or audit purposes we consider adequate limits of insurance for your subcontractors to be at least 1000000 per ocourrence and aggregate or limits of insurance equal to your own limits of insurance. Independent of the audit process our underwriting requirements may require limits higher than 1000000 depending on type of work involved. Your agent will be able to help you determine subcontractor limits that could protect your assets and satisty underwriting requirements. BITCO General Insurance Corporation BITCO National Insurance Company GU2368 1218 | 2 |
QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY The Commercial General Liability Coverage Part in your policy consists of Declarations a Coverage Form either CG 00 01 or CG 00 02 Common Policy Conditions and Endorsements if applicable. Following is a Quick Reference indexing of the principal provisions contained in each of the components making up the Coverage Part listed in sequential order except for the provisions in the Declarations which may not be in the sequence shown. DECLARATIONS Named Insured and Mailing Address Policy Period Description of Business and Location of Premises Limits of Insurance Forms and Endorsements applying to the Coverage Part at time of issue COVERAGE FORM CG 00 01 or CG 00 02 SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability Insuring Agreement Exclusions Coverage B Personal and Advertising Injury Liability Insuring Agreement Exclusions Coverage C Medical Payments Insuring Agreement Exclusions Supplementary Payments SECTION I WHO IS AN INSURED SECTION II LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties in the Event of Occurrence 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 applicable to CG 00 02 only Your Right to Claim and Occurrence Information applicable to CG 00 02 only SECTION V EXTENDED REPORTING PERIODS applicable to CG 00 02 only SECTION VI DEFINITIONS SECTION V in CG 00 01 COMMON POLICY CONDITIONS IL 00 17 Cancellation Changes Examination of Your Books and Records Inspections and Surveys Premiums Transfer of Your Rights and Duties under this Policy ENDORSEMENTS If Any GU2510 0696 | 2 |
FLOOD INSURANCE NOTICE Applicable to Commercial Fire or Commercial Inland Marine Policies NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY THE PROVISIONS OF THE POLICY SHALL PREVAIL. Your policy does not provide coverage for loss caused by flood surface water waves tidal water or any other overflow of a body of water. You will not have coverage for property damage caused by these waters unless you take steps to purchase a separate policy of flood insurance at an additional premium from the National Flood Insurance Program 42 U.S.C. 4001 et seq. If you would like more information about obtaining coverage under the National Flood Insurance Program please contact your agent or this company. Copyright American Association of Insurance Services 2000 GU2990 0500 | 2 |
POLICY FORMS AND ENDORSEMENTS | 2 |
COMMERCIAL LINES POLICY DECLARATIONS COMPANY BITCO GENERAL INSURANCE CORPORATION CAPITAL STOCK INSURANCE COMPANIES 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 POLICY NO. CLP 3 687 298 B RENEWAL OF CLP 3 674 292 Named Insured and Mailing Address CORING CUTTING SERVICES INC. CORING CUTTING SERVICES LITTLE ROCK Dlndlvwdua Partnership 2711 SE OTIS CORLEY DR BENTONVILLE AR 72712 Organization including a corpor. including a partnership. joint ven CORING CUTTING SERVICES INC. CORING CUTTING SERVICES LITTLE ROCK individual Partnership 2711 SE OTIS CORLEY DR BENTONVILLE AR 72712 ZlOrgamzalicn mcbudmgacorporaton but not including a partnership joint venture or limited liability company Business Description GENERAL CONTRACTOR Other Policy Period From 11 01 19 to 11 01 20 1201 A.M. at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF BUSINESS Location of All Premises You Own Rent or Occupy See Schedule of All Premises Locations MORTGAGE HOLDERS AND OR LOSS PAYEES See Schedule of Mortgage Holders andor Loss Payees. PREMIUM See Attached Declarations for Detailed Information 17743.00 100.00 NOT COVERED NOT COVERED Commercial General Liability Commercial Property Commercial Inland Marine Commercial Crime RS L2 s 17743.00 100.00 NOT COVERED NOT COVERED State Charges Deposit Premium 17843.00 Premium Adjustment Period ANNUAL FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Form and made part of this policy at time of issue See Schedule of Forms and Endorsements Countersigned By Authorized Representative THESE DEGLARATIONS TOGETHER WITH THE COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. includes copyrighted materlal of Insuranca Servicas Offic Inc. with its permission Copyright Insurance Services Office Inc. 1984 1985 Insured s Copy CLP2584 0416 | 2 |
COMMERCIAL GENERAL LIABILITY DECLARATIONS COMPANY BITCO GENERAL INSURANCE CORPORATION CAPITAL STOCK INSURANCE COMPANIES 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 POLICY NO. CLP 3 687 298 B RENEWAL OF CLP 3 674 292 Named Insured and Mailing Address CORING CUTTING SERVICES INC. CORING CUTTING SERVICES LITTLE ROCK 2711 SE OTIS CORLEY DR BENTONVILLE AR 72712 Policy Period From 11 01 19 to 11 01 20 1201 AM. at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM Each Occurrence Limit 1000000 Damage to Premises Rented To You Limit 300000 Any One Premises Medical Expense Limit 5000 Any One Person Personal and Advertising Injury Limit 1000000 Any One Person or QOrganization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 RETROACTIVE DATE CG 00 02 Only Coverage A of this insurance does not apply to bodily injury or property damage which occurs before the Retroactive Date if any shown here DESCRIPTION OF BUSINESS Location of All Premises You Own Rent or Occupy See Schedule of All Premises Locations PREMIUM Commercial General Liability See Attached Schedule Premium Adjustment Period ANNUAL FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Form and made part of this policy at time of issue. See Schedule of Forms and Endorsements Insured s Copy GL2438 PKG 0416 | 2 |
SCHEDULE OF ALL PREMISES LOCATIONS NAMED INSURED POLICY NUMBER CORING CUTTING SERVICES INC. CLP 3 687 298 PREM. BLDG. DESIGNATED PREMISES NO. NO. ADDRESS CITY STATE ZIP CODE OCCUPANCY 001 001 2711 SE OTIS CORLEY DR BENTONVILLE AR 72712 002 001 1107 N REDMOND RD JACKSONVILLE AR 72076 001 BENTONVILLE AR 72712 1107 N REDMOND RD JACKSONVILLE AR 72076 1107 N REDMOND RD JACKSONVILLE AR 72076 nan nan nan nan 1.0 GOX2281 1292 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED POLICY NUMBER CLP 3 687 298 CORING CUTTING SERVICES INC. G0 19908 GU3076 GU4320 GU4871 GU2368 GU 2510 GU2990 GOX 2281 GOX 2279 CLP2584 IL 09 85 IL 00 03 IL 00 17 IL 00 21 1L 01 63 IL 01 99 IL 02 31 IL 09 35 IL 09 52 GL2438 PKG GOX2446 CG 00 01 GL2784 GL3084 L 1751b L 2474a CG 03 00 CG 04 35 CG 25 04 CG 01 42 CG 21 09 CG 21 47 CG 21 65 CG 21 67 6 2170 CG 21 86 CG 22 34 G 2279 GL4302 GL4666 GOX2545A Cp 00 10 CP 00 90 CpP 10 30 CpP 01 40 CP4753 MAN CO MAN CO MAN CO 0110 0416 0504 0416 1218 0696 0500 1292 1292 0416 0115 0908 1198 0908 1017 0908 0908 0702 0115 0416 0795 0413 0911 0911 0914 0299 0196 1207 0509 0711 0615 1207 1204 1204 0115 1204 0413 0413 0914 0111 0411 1012 0788 0917 0706 0113 0102 0102 0102 IMPORTANT POLICYHOLDER INFORMATION ARKANSAS PRIVACY STATEMENT ADVISORY NOTICE TO POLICYHOLDERS POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE AUDIT INFORMATION QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE PART FLOOD INSURANCE NOTICE SCHEDULE OF PREMISES LOCATIONS SCHEDULE OF FORMS AND ENDORSEMENTS COMMERCIAL LINES POLICY DECLARATIONS DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT ARKANSAS CHANGES ARKANSAS CHANGES TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ARKANSAS CHANGES CANCELLATION AND NONRENEWAL EXCLUSION OF CERTAIN COMPUTER RELATED LOSSES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY DECLARATIONS COMMERCIAL GENERAL LIABILITY SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXTENDED LIABILITY COVERAGE BUILDERS EXTENDED LIABILITY COVERAGE EXCLUSION ASBESTOS EXCLUSION LEAD DEDUCTIBLE LIABILITY INSURANCE EMPLOYEE BENEFITS LIABILITY COVERAGE DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT ARKANSAS CHANGES EXCLUSION UNMANNED AIRCRAFT EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION FUNGI OR BACTERIA EXCLUSION CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY SILICA EXCLUSION EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY COMMERCIAL PROPERTY SCHEDULE BUILDING AND PERSONAL PROPERTY COVERAGE FORM COMMERCIAL PROPERTY CONDITIONS CAUSES OF LOSS SPECIAL FORM EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA NEWLY ACQUIRED PROPERTY AT DESCRIBED PREMISES MANUSCRIPT ENDORSEMENT MANUSCRIPT ENDORSEMENT MANUSCRIPT ENDORSEMENT AL GENERAL LIABILITY COVERAGE PART IONS RSEMENTS CLARATIONS RORISM RISK INSURANCE ACT XCLUSTION ENDORSEMENT CELLATION AND NONRENEWAL OMPUTER RELATED LOSSES TIFIED ACTS OF TERRORISM BILITY DECLARATIONS BILITY SCHEDULE BILITY COVERAGE FORM ERAGE ILITY COVERAGE NSURANCE ILITY COVERAGE GENERAL AGGREGATE LIMIT IRCRAFT CTICES EXCLUSION JON WITH A BUILDING HEATING COOLING AND T EXCEPTION AND A HOSTILE FIRE EXCEPTION USION TIFIED ACTS OF TERRORISM NSULATION AND FINISH SYSTEMS ON MANAGEMENT ERRORS AND OMISSIONS S PROFESSIONAL LIABILITY ARCHITECTS OR SURVEYORS PROFESSIONAL HEDULE PROPERTY COVERAGE FORM INDITIONS AL FORM TO VIRUS OR BACTERIA Y AT DESCRIBED PREMISES GOX2279 1292 | 2 |
COMMERCIAL GENERAL LIABILITY SCHEDULE NAME EFFECTIVE DATE POLICY NUMBER CORING CUTTING SERVICES INC. 11 01 19 CLP 3 687 298 LOCATION OF PREMISES YOU OWN RENT OR OCCUPY SEE SCHEDULE OF ALL PREMISES LOCATIONS MINIMUM ADVANCE RATE PREMIUM PREMIUM PREMISES TERR STATE CLASS 15150 PREMIUM BASIS 875000 PAYROLL PER 1000 COMPQOSITE RATE GROUP 001 CONTRACTING LOW PREMISES QPERATIONS MISCELLANEOUS 19.653 17196 PRODUCTS COMPLETED OPERATIONS PREMISES 001001 TERR STATE CLASS 91560 PREMIUM BASIS TERRORISM.004 32.009 46 PREMISES 0017001 TERR STATE CLASS 91590 PREMIUM BASIS TERRORISM.004 4 PREMISES TERR STATE AR CLASS 92100 PREMIUM BASIS EMPLOYEE BENEFITS PREMISES OPERATIONS MISCELLANEOUS 465 465 PREMISES TERR STATE CLASS PREMIUM BASIS PREMISES TERR STATE CLASS PREMIUM BASIS GOX2446 0795 LASS 15150 PREMIUM BASIS 875000 PAYROLL PER 1000 DMPOSITE RATE GROUP 001 ONTRACTING LOW PREMISES QPERATIONS MISCELLANEOUS 19.653 1719 PRODUCTS COMPLETED OPERATIONS nan nan nan nan 19.653 LASS 91560 RRORISM PREMIUM BASIS.004.009 nan nan nan nan 0.004 nan 0.009 ASS 91590 PREMIUM BASIS RRORISM.004 nan nan nan nan 0.004 ASS 92100 IPLOYEE BENEFITS PREMIUM BASIS PREMISES OPERATIONS MISCELLANEOUS 465 45 nan nan nan nan 465.0 LASS PREMIUM BASIS LASS PREMIUM BASIS | 2 |
COMMERCIAL PROPERTY SCHEDULE NAME EFFECTIVE DATE POLICY NUMBER CORING CUTTING SERVICES INC. 11 01 19 CLP 3 687 298 Location Of Premises You Own Rent or Occupy SEE SCHEDULE OF ALL PREMISES LOCATIONS Premises 001 Building 001 Coverage BUILDING Covered Causes of Loss SPECIAL Construction FRAME Other Provisions Agreed Value Business Income Monthly Limit Provisions Extended Peried of Indemnity Extra Expense Provisions Limits On Loss Payment Limit of Insurance Deductible 500 Coinsurance 80 Reporting 5305 Exclusions Replacement Cost I l Inflation Guard EMaximum Period of Indemnity Earthquake Deductible days Electronic Media Limitation Period in Premises Building Coverage Covered Causes of Loss Construction Other Provisions Agreed Value Business Income Monthly Limit Provisions Extended Period of Indemnity Extra Expense Provisions Limits On Loss Payment Construction Other Provisions Agreed Value Limit of Insurance Business Income Monthly Limit Provisions Extended Period of Indemnity Extra Expense Provisions Limits On Loss Payment Deductible Coinsurance Reporting D Exclusions Inflation Guard l Replacement Cost I Maximum Period of Indemnity Earthquake Deductible days Electronic Media Limitation Period in Premises Building Limit of Insurance Deductible Coverage Coinsurance Reporting Covered Causes of Loss Exclusions l Replacement Cost Inflation Guard Maximum Period of Indemnity Earthquake Deductible days Electronic Media Limitation Period in iaing. vul LTIt O isUraiive. 9J9U9 EUULIIVIE 9IVv Coinsurance 80 Reporting. SPECTAL Exclusions Exclusions ovisions Extended Pericd of Indemnity days tra Expense Provisions Limits On Loss Payment Electronic Media Limitation Period Limit orinsurance. wedutlivie Coinsurance Reporting I l ises of Loss Exclusions ovisions Extended Period of Indemnity days tra Expense Provisions Limits On Loss Payment Electronic Media Limitation Period ises of Loss LIt vl nsutaiive. EHWARIVIE 9 Coinsurance Reporting Exclusions Exclusions ovisions Extended Period of Indemnity days itra Expense Provisions Limits On Loss Payment Electronic Media Limitation Period in GOX2545a 0411 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM QUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was is sued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. 1SO Properties Inc. 2007 Page1of 1 1L 00 03 09 08 | 2 |
ILoo17 1198 A D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliver ing to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of can cellation at least a. 10 days before the effective date of cancella tion if we cancel for nanpayment of premium or b. 30 days before the effective date of cancella tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation wili be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is author ized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not under take to perform the duty of any person or organi zation to provide for the health or safety of work ers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or stan dards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification un der state or municipal statutes ordinances or regulations of boilers pressure vessels or eleva tors. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And 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 hav ing proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 1 of 1 Copyright Insurance Services Office Inc. 1998 iLoo 171198 | 2 |
1L00 210908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear en ergy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insur ance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon ex haustion 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 required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amen datory thereof or b the insured is or had this policy not been issued would be entitlied to indemnity from the United States of Amer ica or any agency thereof under any agree ment entered into by the United States of America or any agency thereof with any per son or organization B. Under any Medical Payments coverage to ex penses incurred with respect to bodily injury re sulting from the hazardous properties of nu clear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of sefvices materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 ap plies only to property damage to such nu clear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of sefvices materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 ap plies only to property damage to such nu clear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Page 1 of 2 IS0 Properties Inc. 2007 1L 00 21 09 08 | 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 compo nent 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 concentration of uranium or thorium from any ore processed pri marily for its source materia content and b result ing from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging d Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the in sured 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 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 foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fission able material Property damage includes all forms of radioactive contamination of property. Page 2 of 2 IS0 Properties Inc. 2007 IL 0021 0908 | 2 |
IL01631017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERGCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART A. When this endorsement is attached to the Standard Property Policy CP 00 99 the term Coverage Part in this endorsement is replaced by the term Policy. B. The following is added to the Common Policy Conditions d. Each party will 1 Pay its chosen appraiser and 2 Bear the other expenses of the appraisal and umpire equally. C.2. The Appraisal Condition in Business Income Multiyear Policies We may issue this policy for a term in excess of 12 months with the premium adjusted on an annual basis in accordance with our rates and rules C.1. Except as provided in C.2. below the Appraisal Condition if any is replaced by the following a. If we and you disagree on the value of the property or the amount of loss loss either party may make a written request for an appraisal of the loss loss. However an appraisal will be made only if both we and you agree voluntarily to have the loss loss appraised. If so agreed each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss loss. If they fail to agree they will submit their differences to the umpire. b. An appraisal decision will not be binding on either party. c. If there is an appraisal we will still retain our right to deny the claim Coverage Form And Extra Expense CP 00 30 Business Income Coverage Form Without Extra Expense CP 00 32 and Capital Assets Program Coverage Form Output Palicy OP 0001 Paragraph A.7. Business Income And Extra Expense is replaced by the following a. If we and you disagree on the amount of Net Income and operating expense or the amount of loss either party may make a written request for an appraisal of the loss. However an appraisal will be made only if both we and you agree voluntarily to have the loss appraised. If so agreed each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense or amount of loss. If they fail to agree they will submit their differences to the umpire b. An appraisal decision will not be binding on either party.. If there is an appraisal we will still retain our right to deny the claim. d. Each party will 1 Pay its chosen appraiser and 2 Bear the other expenses of the appraisal and umpire equally. C.2. The Appraisal Condition in Business Income Coverage Form And Extra Expense CP 00 30 Business Income Coverage Form Without Extra Expense CP 00 32 and Capital Assets Program Coverage Form Output Palicy OP 0001 Paragraph A.7. Business Income And Extra Expense is replaced by the following a. If we and you disagree on the amount of Net Income and operating expense or the amount of loss either party may make a written request for an appraisal of the loss. However an appraisal will be made only if both we and you agree voluntarily to have the loss appraised. If so agreed each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense or amount of loss. If they fail to agree they will submit their differences to the umpire b. An appraisal decision will not be binding on either party.. If there is an appraisal we will still retain our right to deny the claim. Insurance Services Office Inc. 2017 Page 1 of 2 ILo1631017 | 2 |
D.1. E.1. d. Each party will 1 Pay its chosen appraiser and 2 Bear the other expenses of the appraisal and umpire equally. This Paragraph D.2. does not apply to the following Farm Liability Coverage Form Legal Liability Coverage Form. The two year limitation in the Legal Action Against Us Condition is changed to five years. This Paragraph E.2. does not apply to the fallowing Crime and Fidelity Coverage Part Farm Liability Coverage Form Legal Liability Coverage Form Mortgageholders Errors And Omissions Coverage Form. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition We will be entitled to recovery only after the insured insured has been fully compensated for the loss loss or damage sustained. F. The following is added to the Transfer Of Your Rights Of Recovery Against Others To Us Condition for the Crime and Fidelity Coverage Part Notwithstanding the procedures set forth in the Recoveries Condition we will be entitled to recovery only after the insured has been fully compensated for the loss sustained. G. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition in Legal Liability Coverage Form CP 0040 and Mortgageholders Errors And Omissions Coverage Form CP 00 70 We will be entitled to recovery only after the insured has been fully compensated for the loss or damage sustained including expenses incurred in obtaining full compensation for the loss or damage. H. In accordance with ARK. CODE ANN. 23 88 1086 we are providing notice of the following Unless otherwise provided by this policy we may deduct expense depreciation. Expense depreciation is defined as depreciation including but not limited to the cost of goods materials labor and services necessary to replace repair or rebuild damaged property. If expense depreciation is applied to a loss for damaged property the insurer shall provide a written explanation as to how the expense depreciation was calculated. Page 2 of 2 Insurance Services Office Inc. 2017 IL01631017 | 2 |
IL 019909 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement madifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition We will be entitled to recovery only after the insured insured has been fully compensated for the loss or damage sustained including expenses incurred in obtaining full compensation for the loss or damage. Page 1 of 1 1SO Properties Inc. 2007 IL 01 99 09 08 | 2 |
IL 02 3109 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 5. of the Cancellation Common Policy d. The canceliation will be effective even if we Condition is replaced by the following have not made or offered a refund 5.a. If this policy is cancelled we will send the e. If the first Named Insured cancels the pol first Named Insured any premium refund icy we will retain no less than 100 of the due premium subject to the following b. We will refund the pro rata unearned pre 1 We will retain no less than 250 of the mium if the policy is premium for the Equipment Breakdown 1 Cancelled by us or at our request Coverage Part. 2 Cancelled but rewritten with us or in our company group 2 We wili retain the premium developed for any annuat policy period for the Gen eral Liability Classifications if any 3 Cancelled because you no longer have shown in the Declarations. an insurable interest in the property or N business operation that is the subject of 3 If the Commercial Auto Coverage Part covers only snowmobiles or goifmobiles we will retain 100 or the premium 4 Cancelled after the first year of a pre shown in the Declarations whicphever is paid policy that was written for a term of greater. more than one year. this insurance or 4 If the Commercial Auto Coverage Part. If the policy is cancelled at the request of covers an auto with a mounted the first Named Insured other than a can amusement device we will retain the cellation described in b.2 3 or 4 above premium shown in the Declarations for we will refund 90 of the pro rata unearned the amusement device and not less than premium. However the refund will be less 100 for the auto to which it is attached. than 90 of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this pol icy. Page 1 of 2 ISO Properties Inc. 2007 IL 0231 09 08 | 2 |
B. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of Policies In Effect More Than 60 Days a. If this policy has been in effect more than 60 days or is a renewal policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy continuing the pol icy or in presenting a claim under the policy 8 The occurrence of a material change in the risk which substantially increases any hazard insured against after policy issuance 4 Violation of any local fire health safety building or construction regulation or or dinance with respect to any insured property or its occupancy which sub stantially increases any hazard insured against under the policy 5 Nonpayment of membership dues in those cases where our by laws agree ments or other legal instruments require payment as a condition of the issuance and maintenance of the policy or 6 A material violation of a material provi sion of the policy. b. Subject to Paragraph 7.c. if we cancel for 1 Nonpayment of premium we wilf mail or deliver written notice of cancellation stating the reason for cancellation to the first Named Insured and any lien holder or loss payee named in the policy at least 10 days before the effective date of cancellation. 2 Any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lienholder or loss payee named in the policy at least 20 days before the effective date of cancel lation. c. The following applies to the Farm Umbrella Liability Policy Commercial Liability Um brella Coverage Part and the Commercial Automobile Coverage Part 1 If we cancel for nonpayment of pre mium we will mail or deliver written no tice of cancellation stating the reason for canceliation to the first Named In sured and any lienholder or loss payee named in the policy and any lessee of whom we have received notification prior to the loss at least 10 days before the effective date of cancellation 2 If we cancel for any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lien holder or loss payee named in the pol icy and any lessee of whom we have received notification prior to the loss at least 20 days before the effective date of cancellation C. Paragraph g. of the Mortgageholders Condition if any is replaced by the following g. If we elect not to renew this policy we will give written notice to the mortgageholder 1 As soon as practicable if nonrenewal is due to the first Named Insured s failure to pay any premium required for re newal or 2 At least 60 days before the expiration date of this policy if we nonrenew for any other reason. D. The following Condition is added and supersedes any other provision to the contrary. NONRENEWAL 1. If we decide not to renew this policy we will mail to the first Named Insured shown in the Declarations and to any lienholder or loss payee named in the policy written notice of nonrenewal at least 60 days before a. Its expiration date or b. Its anniversary date if it is a policy written for a term of more than one year and with no fixed expiration date. However we are not required to send this no tice if nonrenewal is due to the first Named In sured s failure to pay any premium required for renewal. The provisions of this Paragraph 1. do not ap ply to any mortgageholder. 2. We will mail our notice to the first Named In sured s mailing address last known to us. If no tice is mailed proof of mailing will be sufficient proof of notice. Page 2 of 2 1S0 Properties Inc. 2007 IL 02 31 09 08 | 2 |
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