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IL 09 3507 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTAIN COMPUTER RELATED LOSSES This endorsement modifies insurance provided under the following COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART STANDARD PROPERTY POLICY A. We will not pay for loss loss or damage caused directly or indirectly by the following. Such loss loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss loss or damage. 1. The failure malfunction or inadequacy of a. Any of the following whether belonging to any insured or to others 1 Computer hardware including microproc essors 2 Computer application software 3 Computer operating systems and related software 4 Computer networks 5 Microprocessors computer chips not part of any computer system or 6 Any other computerized or electronic equipment or components or b. Any other products and any services data or functions that directly or indirectly use or rely upon in any manner any of the items listed in Paragraph A.1.a. of this endorsement due to the inability to correctly recognize proc ess distinguish interpret or accept one or more dates or times. An example is the inability of computer software to recognize the year 2000 2. Any advice consultation design evaluation inspection installation maintenance repair re placement or supervision provided or done by you or for you to determine rectify or test for any potential or actual problems described in Para graph A.1. of this endorsement. B. If an excluded Cause of Loss as described in Para graph A of this endorsement results 1. In a Covered Cause of Loss under the Crime and Fidelity Coverage Part the Commercial Inland Marine Coverage Part or the Standard Property Policy or. Under the Commercial Property Coverage Part a. In a Specified Cause of Loss or in elevator collision resulting from mechanical break down under the Causes of Loss Special Form or b. In a Covered Cause of Loss under the Causes Of Loss Basic Form or the Causes Of Loss Broad Form we will pay only for the loss loss or damage caused by such Specified Cause of Loss elevator collision or Covered Cause of Loss.. We will not pay for repair replacement or modifica tion of any items in Paragraphs A.1.a. and A.1.b. of this endorsement to correct any deficiencies or change any features 2. Any advice consultation design evaluation inspection installation maintenance repair re placement or supervision provided or done by you or for you to determine rectify or test for any potential or actual problems described in Para graph A.1. of this endorsement. If an excluded Cause of Loss as described in Para graph A of this endorsement results 1. In a Covered Cause of Loss under the Crime and Fidelity Coverage Part the Commercial Inland Marine Coverage Part or the Standard Property Policy or 2. Under the Commercial Property Coverage Part a. In a Specified Cause of Loss or in elevator collision resulting from mechanical break down under the Causes of Loss Special Form or b. In a Covered Cause of Loss under the Causes Of Loss Basic Form or the Causes Of Loss Broad Form we will pay only for the loss loss or damage caused by such Specified Cause of Loss elevator collision or Covered Cause of Loss. We will not pay for repair replacement or modifica tion of any items in Paragraphs A.1.a. and A.1.b. of this endorsement to correct any deficiencies or change any features Page 1 of 1 IS0 Properties Inc. 2001 IL 09 35 07 02 | 2 |
IL09 520115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY. Cap On Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism inctude the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The actis a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This endorsement modifies insurance provided under the following If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Application Of Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. Page 1 of 1 Insurance Services Office Inc. 2015 IL 09520115 | 2 |
POLICY NUMBER CLP 3 687 298 POLICY NUMBER CLP 3 687 298 ILog850115 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts 8 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies GENERAL LIABILITY 82 PROPERTY 1. Additional information if any conceming the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 81 Year20 19 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 80 Year20 20 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. s premium is the total Cemfled Acts premium attnbutabh to the following Coverage Parts Coverage orms andor Policyies ENERAL LIABILITY 82 ROPERTY 1. dditional information if any conceming the terrorism premium Year20 19 Year20 20 Page 1 of 2 Insurance Services Office Inc. 2015 1L 09 8501 15 | 2 |
B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses It aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 biilion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedurss established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 IL09 850115 | 2 |
GENERAL LIABILITY POLICY FORMS AND ENDORSEMENTS GU2627 0897 | 2 |
COMMERCIAL GENERAL LIABILITY CG00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Wl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered uniess explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and praperty damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of fiability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bedily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a ficense is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. CG 00010413 Insurance Services Office Inc. 2012 Page 2 of 16 | 1 |
d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or recsive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 8 At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are pertorming operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up. removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these j. Damage To Property Property damage to 1 Property you own rent or occupy including 2 any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any parnt of those premises 3 Property loaned to you Insurance Services Office Inc. 2012 CG 00010413 Page 4 of 16 | 1 |
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property it such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and of this exclusion do not apply to liability assumed under a sidetrack agreement Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Page 5 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information Exciusions e. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section llf Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ml Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. a CG 00010413 Page 6 of 16 Insurance Services Office Inc. 2012 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement i your advertisement of copyright trade dress or slogan Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and. of personal and advertising injury under the Definitions section. For the purposes of this exciusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s hame or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersai seepage migration release or escape of pollutants at any time n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these 3 p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reascnable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. a CG 00010413 Page 8 of 16 Insurance Services Office Inc. 2012 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. It we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such fiability 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 are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited fiability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. i CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1Xa above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical controi is being exercised for any purpose by you any of your empioyees volunteer waorkers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legai representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day aiter you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and L Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lli LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. CGoo010413 Insurance Services Office Inc. 2012 Page 10 of 16 | 1 |
The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties in The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and L4 L 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connegction with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed setflement means a settlement and release of liability signed by us the insured and the claimant or the claimant s lega representative. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the ioss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. o The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner ili That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. CG 00010413 Insurance Services Office Inc. 2012 Page 12 of 16 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enfarce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsary or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 3 However autc does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
10. Leased warker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While itis in or on an aircraft watercraft or auto or. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto 12.Mobile equipment means any of the following types ot land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelied and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement Paragraph f. does not include that part of any contract or agreement m 2 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. b CG00010413 Insurance Services Office Inc. 2012 Page 14 of 16 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that sianders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard b. Includes all bodily injury and property damage oceurring away from premises you own or rent and arising out of your product or your work except 1 Products that are stil in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed Does not include bodily injury or property damage arising out of c 1 The transportation of properly 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 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide wamings or instructions. CG 00010413 Insurance Services Office inc. 2012 Page 16 of 16 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an of such provision in the box next to the caption Il Broad Form Named Insured F. X Chartered Aircraft x Bodily Injury Extension G. X Coverage Territory Broadened H.. zl Medical Payments Increased Limits I Employee As Insureds Health Care Services E Non Owned Watercraft Liability z Liberalization l Expanded Expected or Intended Exception mo o o Property Perils Legal Liability X Broadened Supplementary Payments Named Insured v Extension BROAD FORM NAMED INSURED SECTION Il WHO IS AN INSURED Paragraph 3 is deleted and replaced by the following 3. Any organization you newly acquire or form except for a partnership joint venture or limited liability company and over which you maintain majority ownership or interest 51 or more or for which you have assumed the active management will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the end of the policy period or the 12 month anniversary of the palicy inception date whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization BODILY INJURY EXTENSION SECTION V DEFINITIONS Paragraph 3 is deleted and replaced by the following 3. Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. EMPLOYEES AS INSUREDS HEALTH CARE SERVICES SECTION Ii WHO IS AN INSURED Item 2.a.1d is deleted. GL2784 0911 | 2 |
NON OWNED WATERCRAFT LIABILITY SECTION I COVERAGES COVERAGE A 2. EXCLUSIONS Item g.2 is replaced with 2 A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge. LIBERALIZATION SECTION IV CONDITIONS is amended to include 10. Liberalization It we adopt a change in our forms or rules which would broaden the coverage of this policy without an additional premium charge the broader coverage will apply. This extension is effective upon the approval of such broader coverage in your state of domicile. CHARTERED AIRCRAFT SECTION COVERAGES Coverage A Exclusions Item 2.g.6 is added 6 An aircraft in which you have no ownership interest and that you have chartered with crew. COVERAGE TERRITORY BROADENED SECTION V DEFINITIONS Item 4.a. is replaced with a. The United States of America including its territories and possessions Canada Bermuda the Bahamas the Cayman Islands British Virgin Islands and Puerto Rico. MEDICAL PAYMENTS INCREASED LIMITS Unless COVERAGE C. MEDICAL PAYMENTS is excluded from this policy SECTION COVERAGES Coverage C Insuring Agreement ltem c. is added c. The medical expense limit provided by this policy shall be the greater of 1 10000 or 2 The amount shown in the declarations. EXPANDED EXPECTED or INTENDED EXCEPTION SECTION COVERAGES 2. Exclusions Item a. is amended as follows a. Expected or Intended Injury bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. GL2784 0911 | 2 |
PROPERTY PERILS LEGAL LIABILITY A SECTION COVERAGES COVERAGE A 2. Exclusions the last paragraph following exclusion q. is replaced with Exclusion e. through n. do not apply to damage by fire explosion smoke water damage sprinkler leakage or lightning to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION Il LIMITS OF INSURANCE. SECTION Il LIMITS OF INSURANCE Item 6. is replaced with 6. Subject to 5. above the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damages by fire explosion smoke water damage sprinkler leakage or lightning while rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire explosion smoke water damage sprinkler leakage or lightning incident The Damage to Premises Rented to You Limit provided by this policy shall be the greater of 1. 300000 or 2 The amount shown in the declarations SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS ltem 4.b.1Xaii is replaced with i That is fire explosion smoke water damage sprinkler leakage or lightning insurance for premises while rented to you or temporarily occupied by you with the permission of the owner. SECTION V DEFINITIONS Item 9.a. is replaced with a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire explosion smoke water damage sprinkler leakage or lightning to premises while rented to you or temporarily occupied by you with the permission of the owner is not an insured contract. BROADENED SUPPLEMENTARY PAYMENTS SECTION COVERAGES SUPPLEMENTARY PAYMENTS Coverages A and B ltem 1.b. and 1.d. are replaced with 1b. 1d. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 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. GL2784 0911 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDERS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following It is agreed that the provisions listed below apply only upon the entry of an X COMMERCIAL GENERAL LIABILITY COVERAGE FORM of such provision. A B. X X Partnership and Joint Venture Extension Contractors Automatic Additional Insured Coverage Ongoing Operations Automatic Waiver of Subrogation Extended Notice of Cancellation Nonrenewal Unintentional Failure to Disclose Hazards Broadened Mobile Equipment Personal and Advertising Injury Contractual Coverage Nonemployment Discrimination Liquor Liability Broadened Conditions Automatic Additional Insureds Equipment Leases Insured Contract Extension Railroad Property and Construction Contracts Turnkey Jobs Coverage For Alienated Premises in the box next to the caption Construction Project General Aggregate Limits Fellow Employee Coverage Property Damage Liability Elevators Property Damage to the Named Insured s Work Care Custody or Control Concrete Rework Labor Reimbursement Coverage Lost Key Coverage Electronic Data Liability Coverage Consolidated Insurance Program Residual Liability Coverage Automatic Additional Insureds Managers or Lessors of Premises Automatic Additional Insureds State or Governmental Agency or Political Subdivisions Permits or Authorizations Contractars Automatic Additional Insured Coverage Completed Operations Additional Insured Engineers Architects or Surveyors Hazards yment Discrimination bility d Conditions Additional Insureds Equipment A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION Il WHO IS AN INSURED The last full paragraph which reads as follows 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. GL3084 0911 | 2 |
is deleted and replaced with the following With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member you are an insured but only with respect to liability arising out of your work on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations provided no other simitar liability insurance is available to you for your work in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE ONGOING OPERATIONS SECTION Il WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting an your behalf in the performance of your ongoing operations for the additional insureds at the projects designated in the written contract With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. All work inciuding materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behaif of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured whether primary excess contingent or on any other basis unless the written contract requires this insurance to be primary. In that event this insurance will be primary relative to insurance policys which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured this insurance will be excess C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your work for that person or organization. GL3084 0911 | 2 |
EXTENDED NOTICE OF CANCELLATION NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS is deleted and replaced with the following A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason ltem 9. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above it is agreed that you may extend the period of this policy for a maximum additional sixty60 days from its scheduled expiration date. Where not otherwise prohibited by law the existing terms conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards if unintentionally you should fail to disclose all such hazards at the inception date of your policy we will not deny coverage under this Coverage Form because of such failure. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V DEFINITIONS is deleted and replaced with the following 12.b. Vehicles maintained for use solely on or next to premises sites or locations you own rent or occupy.. PERSONAL AND ADVERTISING INJURY CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I COVERAGE B is deleted. NONEMPLOYMENT DISCRIMINATION Unless personal and advertising injury is excluded from this policy Item 14 of SECTION V DEFINITIONS is amended to include Personal and advertising injury also means embarrassment or humiliation mental or emotional distress physical illness physical impairment loss of earning capacity or monetary loss which is caused by discrimination. SECTION V DEFINITIONS is amended to include Discrimination means the unlawful treatment of individuals based on race color ethnic origin age gender or religion GL3084 0911 | 2 |
Item 2. Exclusions of SECTION COVERAGE B is amended to include Personal and advertising injury arising out of discrimination directly or indirectly related to the past employment employment or prospective employment of any person or class of persons by any insured Personal and advertising injury arising out of discrimination by or at your your agents or your employees direction or with your your agents or your employees knowledge or consent. Personal and advertising injury arising out of discrimination directly or indirectly related to the sale rental lease or sub lease or prospective sale rental lease or sub lease of any dwelling permanent lodging or premises by or at the direction of any insured Fines penalties specific performance or injunctions levied or imposed by a governmental entity or governmental code law or statute because of discrimination. I. LIQUOR LIABILITY Exclusion 2.c. of SECTION I COVERAGE A is deleted. J. BROADENED CONDITIONS ltems 2.a. and 2.b. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are deleted and replaced with the following 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified of an occurrence or an offense which may result in a claim as soon as practicable after the occurrence has been reported to you one of your officers or an employee designated to give notice to us. Notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense b. Ifaclaim is made or suit is brought against any insured you must 1 Record the specifics of the claim or suit and the date received as soon as you one of your officers or an employee designated to record such information is notified of it and 2 Notify us in writihng as soon as practicable after you one of your officers your legai department or an employee you designate to give us such notice learns of the claims or suit. Item 2.e. is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 2.e. If you report an occurrence to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form failure to report such occurrence to us at the time of occurrence shall not be deemed in violation of paragraphs 2.a. 2.b. and 2.c. However you shall give written notice of this occurrence to us as soon as you are made aware of the fact that this occurrence may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS EQUIPMENT LEASES SECTION Il WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for bodily injury property damage or personal and advertising injury caused at least in part by GL3084 0911 4 | 2 |
your maintenance operation or use by you of the equipment leased to you by such person or organization subject to the following additional exclusions. The insurance provided to the additional insured does not apply to 1. Bodily injury or property damage occurring after you cease leasing the equipment. 2. Bodily injury or property damage arising out of the sole negligence of the additional insured. 3. Property damage to a. Property owned used or occupied by or rented to the additional insured or b. Property in the care custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control This insurance is excess of all other insurance available to the additional insured whether primary excess contingent or on any other basis unless the written contract requires this insurance to be primary. In that event this insurance will be primary relative to insurance policys which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured this insurance will be excess. INSURED CONTRACT EXTENSION RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V DEFINITIONS is deleted and replaced with the following. 9. Insured Contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or GL3084 0911 nan nan nan nan 5.0 | 2 |
2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1 above and supervisory inspection architectural or engineering activities M. TURNKEY JOBS COVERAGE FOR ALIENATED PREMISES Itis agreed that Exclusion 2.j.2 of SECTION 1 COVERAGE A does not apply if the premises are your work and were not occupied rented or held for rental by you for more than 12 months after completion.. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION Ilf LIMITS OF INSURANCE. A For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an occurrence under SECTION COVERAGE A and for all medical expenses caused by accidents under SECTION COVERAGE C 1. A separate Construction Project General Aggregate Limit applies to each construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under COVERAGE C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project The limits shown in the Declarations for Each Occurrence Fire Damage and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such fimits will be subject to the applicable Construction Project General Aggregate Limit. For all sums which can not be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an occurrence under SECTION COVERAGE A and for all medical expenses caused by accidents under SECTION COVERAGE C 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and Such payments shall not reduce any Construction Project General Aggregate Limit. GL3084 0911 | 2 |
. Payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of SECTION Il LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. 0. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I COVERAGE A is deleted and replaced with the following 2.e. Bodily injury to 1 Anemployee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 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 1 Liabiiity assumed by the insured under an insured contract or 2 Liability arising from any action or omission of a coemployee while that coemployee is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a.1Xa of SECTION I WHO IS AN INSURED is deleted and replaced with the following 2.a1a To you to your partners or members if you are a parinership or joint venture or to your members if you are a limited liability company or to your volunteer workers while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY ELEVATORS Property damage liability is changed as follows 1. Exclusions 2.j.3 and 2.j.4 of SECTION I COVERAGE A do not apply to the uss of elevators 2. The insurance afforded by reason of this provision is excess over any valid and collectibie property insurance including any deductible portion thereof available to the insured whether primary excess contingent or on any other basis and the OTHER INSURANCE condition is changed accordingly. GL3084 0911 | 2 |
Q. PROPERTY DAMAGE TO THE NAMED INSURED S WORK Exclusion of SECTION COVERAGE A. is deleted and replaced with the following Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operation hazard. This exclusion applies only to that portion of any loss in excess of 50000 per occurrence if the damaged work and the work out of which the damage arises was performed by you 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. R. CARE CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I COVERAGE A. is deleted and replaced with the following 2.j.4 Personal property in the care custody or control of the insured. However for personal property in the care custody or control of you or your employees this exclusion applies only to that portion of any loss in excess of 25000 per occurrence subject to the following terms and conditions a The most that we will pay under this provision as an annual aggregate is 100000 regardiess of the number of occurrences. b This provision does not apply to employee owned property or any property that is missing where there is not physical evidence to show what happened to the property. c The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION Iil LIMITS OF INSURANCE is changed accordingly. d In the event of damage to or destruction of property covered by this exception you shall if requested by us replace the property or furnish the labor and materials necessary for repairs thereto at actual cost to you exclusive of prospective profit or overhead charges of any nature. e 2500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization including the loss of use of that property as a result of each occurrence. Our limit of liability under the endorsement as being applicable to each occurrence shall be reduced by the amount of the deductible indicated above however our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy including those with respect to duties in the event of occurrence claims or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. CONCRETE REWORK LABOR REIMBURSEMENT COVERAGE As it applies to this coverage SECTION COVERAGE A is amended as follows 1. Insuring Agreement is deleted and replaced by the following We will reimburse you for your direct labor expense associated with your concrete rework which was performed by you during the policy period due to the original concrete product failing to meet contractual specifications as ordered for the job or accepted industry standards for its specific GL3084 0911 | 2 |
intended use verified by testing by an ASTM American Society of Testing Materials accredited independent testing agency. Exclusions is deleted and replaced by the following The insurance provided by this endorsement does not apply to a. Cosmetic Defects b. Loss of use c. Changes to the concrete product contractual specifications not acknowledged by the named insured in writing prior to the beginning of the job d. Loss arising from the subsidence of land e. Loss arising from work performed on your behalf by a subcontractor except for the supply of the concrete product f. Cost of materials used in the installation of the concrete product or concrete rework g. Damages or loss that is covered by a Property or Inland Marine coverage form for your financial interest in your project and structures h. Loss uniess the concrete rework is completed within one year from the completion of the original concrete product installation performed by you i. Loss caused by the failure to order the concrete product as required a. Inthe contractual specifications or b. By accepted industry standards for its specific intended use j Loss expected or intended from the standpoint of the insured k. Concrete product supplied by you SECTION ill LIMITS OF INSURANCE is amended to include the following 1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the number of a. Insureds covered under this insurance b. Concrete rework projects to which this insurance applies. Concrete Rework Project Limit 50000 Concrete Rework Policy Aggregate Limits 50000 Concrete Rework Deductible 1000 The Concrete Rework Project Limit shown above is the most we will reimburse you for your direct labor expense arising out of any single concrete rework project. Subject fo 2. above the Concrete Rework Policy Aggregate Limit shown above is the most we will reimburse you for your direct labor expenses for the sum of all concrete rework projects. jate Limits GL3084 0911 | 2 |
4. The Concrete Rework Project Limit and the Concrete Rework Policy Aggregate Limits shall be included within and not be in addition to the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever applies as stated in the declarations and as described in SECTION Il LIMITS OF INSURANCE. 5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of the Concrete Rework Deductible stated above. This deductible shall apply separately to each concrete rework project The Limits of Insurance of this caverage apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with either the beginning of the policy period shown in the Declarations or the effective date of the endorsement whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows ltem 2. Duties in The Event Of Occurrence Offense Claim Or Suit is deleted and replaced by the following 2. Duties in The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified prior to completing the concrete rework which may result in labor reimbursement. Notice should inciude 1 How when and where the incident took place 2 The names and addresses of any witnesses and 3 The estimated labor expense for the concrete rework b. You must promptly take all steps to minimize the expenses involved. c. You must cooperate with us and upon request assist in enforcing any right of contribution or indemnity against any person or organization. d. You must provide us with proof of loss and any other required documents within 80 days of our request. You must alsa permit us to examine and copy any of your books and records at any reasonable time. You your employees and your agents must if we require you to submit to examination under oath at such times as may be required and sign a copy of the examination. e. No insureds will except at their own cost assume any obligation or incur any expense without our consent. SECTION V DEFINITIONS is amended to add the following Concrete rework means the alteration repair removal or replacement of a concrete product Concrete product means any product you directly install consisting of concrete cement sand mortar mix or related materials Cosmetic defects means a superficial or surface defect that does not affect the structural integrity of the concrete product Loss means your direct labor expense associated with a concrete rework project Subsidence means earth movement including but not limited to a. Landslide GL3084 0911 10 | 2 |
b. Mud flow c. Earth sinking d. Earth rising e. Collapse or movement of fill f. Improper compaction g. Earth settling slipping falling away caving in eroding tilting or shifting h. Earthquake or L Any other movement of land or earth. LOST KEY COVERAGE As it applies to this coverage SECTION COVERAGE A is amended to include as follows We will pay those sums subject to the limits of liability and deductible stated herein that you become legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care custody or control of you or your employees or anyone acting on your behalf. The damages covered by this endorsement are limited to the 1. Actual cost of the keys 2. Cost to adjust locks to accept new keys or 3. Cost of new locks if required including the cost of installation. Item 2. Exclusions of SECTION I COVERAGE A is amended to include the following 1. Keys owned by any insured employees of any insured or anyone acting on behalf of any insured. 2. Any resulting loss of use from the loss or mysterious disappearance of keys or 3. Any of the following acts by any insured employees of any insured or anyone acting on behalf of any insureds a. Misappropriation b. Concealment c. Conversion d. Fraud or e. Dishonesty Exclusions 2.j.3 and 2.j.4 of SECTION I COVERAGE A do not apply to Lost Key Coverage. SECTION Il LIMITS OF INSURANCE is amended to include the following 1. The Lost Key Coverage Occurrence Limit shown below is the most we will pay for each occurrence for damages for Lost Key Coverage provided in this endorsement. GL3084 0911 | 2 |
2. The Lost Key Coverage Policy Aggregate Limit snown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Limit 50000 Lost Key Coverage Policy Aggregate Limit 50000 Lost Key Coverage Deductible 1000 3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever applies as stated in the declarations and as described in SECTION Iil LIMITS OF INSURANCE. Qur obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an occurrence basis. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us.. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Data of SECTION COVERAGE A is deleted and replaced with the following 2p. Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. 2. The following definition is added to SECTION V DEFINITIONS 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. 3. For the purposes of this coverage the definition of property damage in SECTION V DEFINITIONS is replaced by the following Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. Ali such loss of use shall be deemed to occur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of slectronic data shall be deemed to occur at the time of the occurrence that caused it For the purposes of this insurance electronic data is not tangible property CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to bodily injury property damage or personal and advertising injury arising out of your ongoing operations or operations included within the products completed operations hazard the policy to imit jate Limit 12 GL3084 0911 | 2 |
which this coverage is attached shall apply as excess insurance over coverage available to you under a Consolidated Insurance Program such as an Owner Controlled Insurance Program or Contractors Contrelled Insurance Program. Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a residential project or any deductible or insured retention specified in the Consolidated Insurance Program The following is added to Section V Definitions Residential project means any project where 30 or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing apartments condominiums townhouses co operatives or planned unit developments and appurtenant structures including pools hot tubs detached garages guest houses or any similar structures. A residential project does not include military owned housing college university owned housing or dormitories long term care facilities hotels motels hospitals or prisons. All other terms provisions exclusions and limitations of this policy apply.. AUTOMATIC ADDITIONAL INSUREDS MANAGERS OR LESSORS OF PREMISES SECTION Il WHO IS AN INSURED is amended to include Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership maintenance or use of that part of the premises designated in the written contract or written agreement that is leased to you and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2 Structural alterations new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement This insurance is excess of all other insurance available to the additional insured whether primary excess contingent or on any other basis uniess the written contract requires this insurance to be primary. In that event this insurance will be primary relative to insurance policys which designate the additiona insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured this insurance will be excess AUTOMATIC ADDITIONAL INSUREDS STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS PERMITS OR AUTHORIZATIONS SECTION Il WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract ordinance law or building code to name as an additional insured subject to the following provisions This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to a. Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or b. Bodily injury or property damage included within the products completed operations hazard. GL3084 0911 13 | 2 |
This insurance is excess of all other insurance available to the additional insured whether primary excess contingent or on any other basis unless the written contract requires this insurance to be primary. In that event this insurance will be primary relative to insurance policys which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured this insurance will be excess. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE COMPLETED OPERATIONS SECTION Il WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the project designated in the contract performed for that additional insured and included in the products completed operations hazard This insurance is excess of all other insurance available to the additional insured whether primary excess contingent or on any other basis uniess the written contract requires this insurance to be primary. In that event this insurance will be primary relative to insurance policys which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured this insurance will be excess. ADDITIONAL INSURED ENGINEERS ARCHITECTS OR SURVEYORS SECTION Il WHO IS AN INSURED is amended to include as an additional insured any architect engineer or surveyor who is required by written contract to be an additional insured on your policy but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations performed by you or on your behalf This includes such architect engineer or surveyor who may not be engaged by you but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services including 1. The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications or 2. Supervisory inspection or engineering services. This insurance is excess of all other insurance available to the additional insured whether primary excess contingent or on any other basis unless the written contract requires this insurance to be primary. In that event this insurance will be primary relative to insurance policys which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured this insurance will be excess GL3084 0911 | 2 |
NAMED INSURED CORING CUTTING SERVICES INC. END. POLICY NO. CLP 3 687 298 EFFECTIVE DATE OF ENDORSEMENT 11 01 19 1 BITCO General Insurance Corporation BITCO National Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM rporation R TR EXCLUSION Asbestos Itis agreed that the insurance does not apply to bodily injury or property damage arising out of or alleged to have arisen out of the manufacture production use installation removal encapsulation enclosing or disposal of asbestos or any materials containing asbestos. L1751b 0914 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS POLICY This insurance does not apply to 1. Bodily injury personal and advertising injury or property damage arising out of the actual aileged or threatened exposure to lead paint containing lead or any other material or substance containing lead or 2. Any loss cost or exposure arising out of any a. Request demand or order that any insured or others test for monitor clean up remove or contain failure to disclose existence or presence of or in any way respond to or assess the effects of lead paint containing lead or any other material or substance containing lead or Claim or suit by or on behalf of any person organization or governmental authority for damages because of testing for monitoring cleaning up or removing containing failure to disclose existence or presence of or in any way responding to or assessing the effects of iead paint containing lead or any other material or substance containing lead. L 2474a 0299 | 2 |
POLICY NUMBER CLP 3 687 298 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Amount and Basis of Deductibles Coverage PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability 5000 OR Bodily Injury Liability andor Property Damaage Liability Combined Amount and Basis of Deductibles Coverage PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability 5000 OR Bodily Injury Liability andor Property Damage Liability Combined If no entry appears above information required to complete this endorsement wilt be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused ALL OPERATIONS A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. CG 03000196 Copyright Insurance Services Office Inc. 1994 Page 1 of 2 | 2 |
as the result of any one occurrence regardless of the number of persons or organizations who sustained damages because of that occurrence. The terms of this insurance including those with respect to 1. Ourright and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon natification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. With respect to property damage person includes an organization. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows Under Bodily Injury Liability Coverage to all damages because of bodily injury Under Property Damage Liability Coverage to all damages because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined Page 2 0of 2 Copyright Insurance Services Office Inc. 1994 CG 03000196 | 2 |
POLICY NUMBER CLP 3 687 298 POLICY NUMBER CLP 3 687 298 COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 each employee 1000 INCLUDED Programs 2.000.000 aggregate Retroactive Date 11 01 2016 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages No other obligation or liability to pay sums or COVERAGE EMPLOYEE BENEFITS LIABILITY perform acts or services is covered unless N explicitly provided for under Supplementary 1. Insuring Agreement Payments. a. We will pay those sums that the insured be b. This insurance applies to damages only if comes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this in 1 The act error or omission is negligently committed in the administration of your employee benefit program surance applies. We will have the right and 2 The act error or omission did not take duty to defend the insured against any suit place before the Retroactive Date if any seeking those damages. However we will shown in the Schedule nor after the end of have no duty to defend the insured against the policy period and any suit seeking damages to which this in 3 A claim for damages because of an act surance does not apply. We may at our dis error or omission is first made against any cretion investigate any report of an act error insured in accordance with Paragraph c. or omission and settle any claim or suit below during the policy period or an Ex that may result. But tended Reporting Period we provide under 1 The amount we will pay for damages is Paragraph F. of this endorsement. limited as descnbed in Paragraph D. Sec c. A claim seeking damages will be deemed to tion if Limits Of Insurance and have been made at the earlier of the following 2 Our right and duty to defend ends when times we have used up the applicable limit of in 1 When notice of such claim is received surance in the payment of judgments or and recorded by any insured or by us settlements. whichever comes first or CG 04 351207 ISO Properties Inc. 2006 Page 10f 6 | 2 |
2 When we make settlement in accordance with Paragraph a. above A claim recsived and recorded by the in sured within 60 days after the end of the pol icy period will be considered to have been re ceived within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an em ployee because of any act error or omission or a series of related acts errors or omis sions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This insurance doss not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program.. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to com ply with the mandatory provisions of any workers compensation unemployment com pensation insurance social security or disabil ity benefits law or any similar law. g. ERISA Damages for which any insured is liable be cause of Jiability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the ap plicable funds accrued or other collectible in surance. i. Taxes Fines Or Penalties Taxes fines or penalties including those im posed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other em ployment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supplemen tary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to ad minister your employee benefit program if you die but only until your legal representa tive is appointed. B Page 2 of 6 IS0 Properties Inc. 2006 CG 04351207 | 2 |
The Limits of Insurance of this endorsement ap ply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the palicy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of deter mining the Limits Of Insurance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s de pendents and beneficiaries because of ail acts errors or omissions to which this insur ance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act er ror or omission or claim apply irrespective of the application of the de ductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are re placed by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the ex tent possible notice should include 1 What the act error or omission was and when it occurred and c. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties under this Endorsement 3. Any organization you newly acquire or form other than a partnership joint venture or limited fiability company and over which you maintain owner ship or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. Coverage under this provision does not apply to any act error or cmission that was commit ted before you acquired or formed the organi zation D. For the purposes of the coverage provided by this endorsement Section lii Limits Of Insurance is replaced by the following 1. Limits Of insurance a. The Limits of Insurance shown in the Sched ule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee bene fit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the ad ministration of your employee benefit pro gram. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such em ployee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be sub ject to the limits and restrictions that apply to the payment of benefits in any plan inciuded in the employee benefit program. v Page30f 6 ISO Properties Inc. 2006 CG 04 35 1207 | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practi cable.. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 3 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of an act error or omis sion to which this insurance may also ap ply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this en dorsement our abligations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also pri mary. Then we will share with all that other insurance by the method described in Para graph. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is ef fective prior to the beginning of the policy period shown in the Schedule of this in surance and that applies to an act error or omission on other than a claims made ba sis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy pe riod which continues after the Retroac tive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the in sured s rights against all those other in surers 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that ex ceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement.. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first If any of the other insurance does not permit contribution by equal shares we will contrib ute by limits. Under this method each in surer s share is based on the ratio of its appli cable limits of insurance to the total applicable limits of insurance of all insurers. Page 4 of 6 IS0 Properties Inc. 2006 CG 04351207 | 2 |
The Extended Reporting Period endorsement ap plicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provi sion to the effect that the insurance afforded for claims first received during such period is ex cess over any other valid and collectible insur ance available under policies in force after the Extended Reporting Period starts.. If the Extended Reporting Period is in effect we will provide an extended reporting period aggre gate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. 4 Administration means a. Providing information to employees includ ing their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the em ployee benefit program or c. Effecting continuing or terminating any em ployee s participation in any benefit included in the employee benefit program. However administration does not include han dling payroll deductions. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Pe riod provisions are added or if this endorsement is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorse ment or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of cover age provided. It applies only to claims for acts errors or omissions that were first committed be fore the end of the policy period but not before the Retroactive Date if any shown in the Sched ule. Once in effect the Extended Reporting Pe riod may not be canceled. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the pol icy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in ac cordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. c. Previous types and amounts of insurance Limits of insurance available under this en dorsement for future payment of damages and d. Other related factors The additional premium will not exceed 100 of the annual premium for this endorsement. CG 04351207 ISO Properties Inc. 2006 Page 5 0f 6 | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafete ria plan or otherwise 14 14 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 sub scribe to such benefits and such benefits are made generally available to those employ ses who satisfy the plan s eligibility require ments 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 employ ees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell pro grams leave of absence programs including military maternity family and civil leave tui tion assistance plans transportation and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. 18. Employee means a person actively employed formerly employed on leave of absence or dis abled or retired. Employee includes a leased worker. Employee does not include a tempo rary worker Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 IS0 Properties Inc. 2006 CG 04351207 | 2 |
POLICY NUMBER CLP 3 687 298 COMMERCIAL GENERAL LIABILITY CG 2504 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations 2711 SE OTIS CORLEY DR. BENTONVILLE AR 23571 1107 N REDMOND RD. JACKSONVILLE AR 72076 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Sec tion Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Ag gregate Limit applies to each designated loca tion and that limit is equal to the amount of the General Aggregate Limit shown in the Declara tions. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Cov erage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical ex penses shall reduce the Designated Location General Aggregate Limit for that designated lo cation. Such payments shall not reduce the General Aggregate Limit shown in the Declara tions nor shall they reduce any other Desig nated Location General Aggregate Limit for any other designated location shown in the Sched ule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the Gen eral Aggregate Limit shown in the Declarations such limits will be subject to the applicable Des ignated Location General Aggregate Limit. POLICY NUMBER CLP 3 687 298 gt bbbt S 11 SE OTIS CORLEY DR. BENTONVILLE AR 23571 07 N REDMOND RD. JACKSONVILLE AR 72076 Page 10of2 Insurance Services Office Inc. 2008 CG 2504 05 09 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Sec tion I Coverage which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage for medical ex penses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit which ever is applicable and 2. Such payments shall not reduce any Desig nated Location General Aggregate Limit. C. When coverage for liability arising out of the prod ucts completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Prod ucts completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. For the purposes of this endorsement the Defini tions Section is amended by the addition of the fol lowing definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Nl Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. o Page 2 of 2 Insurance Services Office Inc. 2008 CG 2504 05 09 | 2 |
COMMERCIAL GENERAL LIABILITY CG 014207 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Pursuant to Arkansas Code Section 23 79 155 B. The definition of occurrence required by this section of Arkansas law does not serve to limit or restrict the applicability of any exclusion for bodily injury or property damage under this Coverage Part. A. The definition of occurrence includes faulty workmanship and Page1of1 Insurance Services Office Inc. 2011 CG 01420711 | 2 |
COMMERCIAL GENERAL LIABILITY CG21090615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Aircraft Auto Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 2 Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unioading. This Paragraph g.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 26 feet long and i Not being used to carry persons or property for a charge c Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or d This Paragraph g.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircrait auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 26 feet long and i Not being used to carry persons or property for a charge c Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or d Page10f2 Insurance Services Office Inc. 2014 CG 21090615 | 2 |
e Bodily injury or property damage arising out of i The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or ii The operation of any of the machinery or equipment listed in Paragraph 12 or f3 of the definition of mobile equipment. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircrait Page 2 of 2 Insurance Services Office Inc. 2014 CG21090615 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodi Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment retated practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that persan or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or above is directed This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Page 1 of 1 ISO Properties Inc. 2006 CG 21471207 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21651204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the ac tual alleged or threatened discharge dispersal seepage migration release or escape of poliut ants at any time. This exclusion does not apply to a Bodily injury if sustained within a building which is or was at any time owned or occu pied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat wa ter for personal use by the building s occu pants or their guests or b Bodily injury or property damage arising out of heat smoke or fumes from a hostite fire unless that hostile fire occurred or origi nated i At any premises site or location which is or was at any time used by or for any in sured or others for the handling storage disposal processing or treatment of waste or i At any premises site or location on which any insured or any contractors or subcon tractors working directly or indirectly on any insured s behalf are performing opera tions to test for monitor clean up re move contain treat detoxify neutralize or in any way respond to or assess the ef fects of pollutants 2 Any loss cost or expense arising out of any b Request demand order or statutory or regu latory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way re spond to or assess the effects of pallut ants or Claim or suit by or on behalf of a governmen tal authority for damages because of testing for monitoring cleaning up removing con taining treating detoxifying or neutralizing or in any way responding to or assessing the ef fects of poliutants i At any premises site or location on which any insured or any contractors or subcon tractors working directly or indirectly on any insured s behalf are performing opera tions to test for monitor clean up re move contain treat detoxify neutralize or in any way respond to or assess the ef fects of pollutants 2 Any loss cost or expense arising out of any a Request demand order or statutory or regu latory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way re spond to or assess the effects of pallut ants or b Claim or suit by or on behalf of a governmen tal authority for damages because of testing for monitoring cleaning up removing con taining treating detoxifying or neutralizing or in any way responding to or assessing the ef fects of poliutants Page1of1 IS0 Properties Inc. 2003 CG 21651204 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inha lation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the ef fects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to ex istence of or presence of any fungi or bacte ria on or within a building or structure includ ing its contents regardless of whether any other cause event material or product con tributed concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the ef fects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Page 10of 1 S0 Properties Inc. 2003 CG 21671204 | 2 |
COMMERCIAL GENERAL LIABILITY CG21700115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 1 of 1 Insurance Services Office Inc. 2015 CG21700115 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement medifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in jury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrica tion preparation distribution and sale installa tion application maintenance or repair including remodeling service correction or replacement of any exterior insulation and finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finish sys tem or any substantially similar system is used on the part of that structure containing that com ponent fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the substrate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 IS0 Properties Inc. 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or 2. Inspection supervision quality control architectural or engineering activities done by or for you cn a project on which you serve as construction manager. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved that which is described in Paragraph 1. or 2. This exclusion does not apply to bodily injury or property damage due to construction or demolition work done by you your employees or your subcontractors. CG22340413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bedily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or perscnal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG22790413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SILICA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury which is in whole or in part actually or allegedly caused by arises out of results from relates to or is contributed to by silica in any form exposure to silica in any form the use of silica in any form or the presence of silica in any form either alone or in combination with other substances or factors irrespective of the form or condition of the silica and irrespective of whether the silica is or was included in a product or otherwise. Any damages for bodily injury property damage or personal and advertising injury or any loss cost or expense arising out of the abatement testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the presence absence amount or effects of silica irrespective of the form or condition of the silica by any insured or any other person entity or governmental authority. Any obligation to share damages with indemnify or repay any person or entity in connection with paragraphs 1 andor 2 above. GL4302 0914 BITCO General Insurance Corporation BITCO National Insurance Company | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by any engineer architect or surveyor or any additional insured who is an insured under the policy or is performing work on behalf of any insured in a professional capacity. Professional services include 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 Supervisory inspection architectural or engineering activities. GL4666 0111 Includes Copyrighted Material of Insurance Services Office With Its Permission | 2 |
COMMERCIAL PROPERTY POLICY FORMS AND ENDORSEMENTS GU2628 0897 | 2 |
COMMERCIAL PROPERTY CP 00101012 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions. A. Coverage We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property Covered Property as used in this Coverage Part means the type of property described in this section A.. and limited in A.2. Property Not Covered if a Limit Of Insurance is shown in the Declarations for that type of property. a. Building meaning the building or structure described in the Declarations including 1 Completed additions 2 Fixtures including outdoor fixtures 3 Permanently installed a Machinery and b Equipment 4 Personal property owned by you that is used to maintain or service the building or structure or its premises including a Fire extinguishing equipment b Outdoor furniture Floor coverings and d Appliances used for refrigerating ventilating cooking dishwashing or laundering 5 If not covered by other insurance a Additions under construction alterations and repairs to the building or structure b Materials equipment supplies and temporary structures on or within 100 feet of the described premises used for making additions alterations or repairs to the building or structure. b. Your Business Personal Property consists of the following property located in or on the building or structure described in the Declarations or in the open or in a vehicle within 100 feet of the building or structure or within 100 feet of the premises described in the Declarations whichever distance is greater 1 Furniture and fixtures 2 Machinery and equipment 3 Stock 4 All other personal property owned by you and used in your business 5 Labor materials or services furnished or arranged by you on personal property of others 6 Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures alterations installations or additions a Made a part of the building or structure you occupy but do not own and b You acquired or made at your expense but can not legally remove 7 Leased personal property for which you have a contractual responsibility to insure unless otherwise provided for under Personal Property Of Others. c. Personal Property Of Others that is 1 Inyour care custody or control and 2 Located in or on the building or structure described in the Declarations or in the open or in a vehicle within 100 feet of the building or structure or within 100 feet of the premises described in the Declarations whichever distance is greater. Page 1 0f 16 CP00101012 Insurance Services Office Inc. 2011 | 2 |
However our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. 2. Property Not Covered Covered Property does not include Accounts bills currency food stamps or other evidencaes of debt money notes or securities. Lottery tickets held for sale are not securities Animals unless owned by others and boarded by you or if owned by you only as stock while inside of buildings. Automobiles held for sale. Bridges roadways walks patios or other paved surfaces Contraband or property in the course of illegal transportation or trade The cost of excavations grading backfilling or filling Foundations of buildings structures machinery or bailers if their foundations are below 1 The lowest basement floor or 2 The surface of the ground if there is no basement. Land including land on which the property is located water growing crops or lawns other than lawns which are part of a vegetated roof Personal property while airborne or waterborne Bulkheads pilings piers wharves or docks Property that is covered under another coverage form of this or any other policy in which it is more specifically described except for the excess of the amount due whether you can collect on it or not from that other Insurance Retaining walls that are not part of a building Underground pipes flues or drains n. Electronic data except as provided under the Additional Coverage Electronic Data. Electronic data means information facts or computer programs stored as or on created or used on or transmitted to or from computer software including systems and applications software on hard or floppy disks CD ROMs tapes drives cells data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs referred to in the foregoing description of electronic data means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it which enable the computer or device to receive process store retrieve or send data. This paragraph n. does not apply to your stock of prepackaged software or to electronic data which is integrated in and operates or controls the building s elevator lighting heating ventilation air conditioning or security system 0. The cost to replace or restore the information on valuable papers and records including those which exist as electronic data. Valuable papers and records include but are not limited to proprietary information books of account deeds manuscripts abstracts drawings and card index systems. Refer to the Coverage Extension for Valuable Papers And Records Other Than Electronic Data for limited coverage for valuable papers and records other than those which exist as electronic data p. Vehicles or self propelled machines including aircraft or watercraft that 1 Are licensed for use on public roads or 2 Are operated principally away from the described premises. This paragraph does not apply to a Vehicles or self propelled machines or autos you manutacture process or warehouse Page 2 of 16 Insurance Services Office Inc. 2011 CP00101012 | 2 |
d Remove property of others of a type that would not be Covered Property under this Coverage Form e Remove deposits of mud or earth from the grounds of the described premises f Extract pollutants from land or water or g Remove restore or replace polluted fand or water. 3 Subject to the exceptions in Paragraph 4 the following provisions apply a The most we will pay for the total of direct physical loss or damage plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or damage. Subject to a above the amount we will pay for debris removal expense is limited to 25 of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. However if no Covered Property has sustained direct physical loss or damage the most we will pay for removal of debris of other property if such removal is covered under this Additional Coverage is 5000 at each location. 4 We will pay up to an additional 25000 for debris removal expense for each location in any one occurrence of physical loss or damage to Covered Property if one or both of the following circumstances apply a The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage. b The actual debris removal expense exceeds 25 of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. b b Vehicles or seli propelled machines other than autos you hold for sale c Rowboats or canoes out of water at the described premises or d Trailers but only to the extent provided for in the Coverage Extension for Non owned Detached Trailers or q. The following property while outside of buildings 1 Grain hay straw or other crops 2 Fences radio or television antennas including satellite dishes and their lead in wiring masts or towers trees shrubs or plants other than trees shrubs or plants which are stock or are part of a vegetated roof all except as provided in the Coverage Extensions. 3. Covered Causes Of Loss See applicable Causes Of Loss form as shown in the Declarations 4. Additional Coverages a. Debris Removal 1 Subject to Paragraphs 2 3 and 4 we will pay your expense to remove debris of Covered Property and other debris that is on the described premises when such debris is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage. 2 Debris Removal does not apply to costs to a Remove debris of property of yours that is not insured under this policy or property in your possession that is not Covered Property Remove debris of property owned by or leased to the landlord of the building where your described premises are located unless you have a contractual responsibility to insure such property and itis insured under this policy c Remove any property that is Property Not Covered including property addressed under the Outdoor Property Coverage Extension b Page 3 of 16 CP 00101012 Insurance Services Office Inc. 2011 | 2 |
Therefore if 44a andor 4b applies our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss or damage plus 25000. 5 Examples The following examples assume that there is no Coinsurance penalty. Example 1 Limit of Insurance 90000 Amount of Deductible 500 Amount of Loss 50000 Amount of Loss Payable 49500 850000 500 Debris Removal Expense 10000 Debris Removal Expense Payable 10000 10.000 is 20 of 50000. The debris removal expense is less than 25 of the sum of the loss payable plus the deductible. The sum of the loss payable and the debris removai expense 49500 10000 59500 is less than the Limit of Insurance. Therefore the full amount of debris removal expense is payable in accordance with the terms of Paragraph 3. Example 2 Limit of Insurance 90000 Amount of Deductible 500 Amount of Loss 80000 Amount of Loss Payable 79500 80000 500 Debris Removal Expense 40000 Debris Removal Expense Payable Basic Amount 10500 Additional Amount 25000 The basic amount payabie for debris removal expense under the terms of Paragraph 3 is calculated as follows 80000 79500 500 x.25 20000 capped at 10500. The cap applies because the sum of the loss payable 79500 and the basic amount payable for debris removal expense 10500 can not exceed the Limit of Insurance 90000. The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph 4 because tnhe debris removal expense 40000 exceeds 25 of the loss payable plus the deductible 40000 is 50 of 80000 and because the sum of the loss payable and debris removal expense 79500 40000 119500 would exceed the Limit of Insurance 90000. The additional amount of covered debris removal expense is 25000 the maximum payable under Paragraph 4. Thus the total payable for debris removal expense in this example is 35500 4500 of the debris removal expense is not covered. b. Preservation Of Property If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss we will pay for any direct physical loss or damage to that property 1 While it is being moved or while temporarily stored at another location and 2 Only if the loss or damage occurs within 30 days after the property is first moved. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss we will pay up to 1000 for service at each premises described in the Declarations unless a higher limit is shown in the Declarations. Such limit is the most we will pay regardless of the number of responding fire departments or fire units and regardiess of the number or type of services performed. This Additional Coverage applies to your liability for fire department service charges 1 Assumed by contract or agreement prior to loss or 2 Required by local ordinance. No Deductible applies to this Additional Coverage. Insurance Services Office Inc. 2011 CP00101012 Page 4 of 16 | 2 |
d. Pollutant Clean up And Removal We will pay your expense to extract pollutants from land or water at the described premises if the discharge dispersal seepage migration release or escape of the pollutants is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for monitor or assess the existence concentration or effects of pollutants. But we will pay for testing which is performed in the course of extracting the pollutants from the land or water. The most we will pay under this Additional Coverage for each descrived premises is 10000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy. e. Increased Cost Of Construction 1 This Additional Coverage applies only to buildings to which the Replacement Cost Optional Coverage applies. 2 In the event of damage by a Covered Cause of Loss to a building that is Covered Property we will pay the increased costs incurred to comply with the minimum standards of an ordinance or law in the course of repair rebuilding or replacement of damaged parts of that property subject to the limitations stated in e3 through e.9 of this Additional Coverage. 3 The ordinance or law referred to in e.2 of this Additional Coverage is an ordinance or law that regulates the construction or repair of buildings or establishes zoning or land use requirements at the described premises and is in force at the time of loss. 4 Under this Additional Coverage we wili not pay any costs due to an ordinance or law that a You were required to comply with before the loss even when the building was undamaged and b You failed to comply with 5 Under this Additional Coverage we will not pay for a The enforcement of or compliance with any ordinance or law which requires demolition repair repiacement reconstruction remodeling or remediation of property due to contamination by pollutants or due to the presence growth proliferation spread or any activity of fungus wet or dry rot or bacteria or b Any costs associated with the enforcement of or compliance with an ordinance or law which requires any insured or others to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants fungus wet or dry rot or bacteria 6 The most we will pay under this Additionaf Coverage for each described building insured under this Coverage Form is 10000 or 5 of the Limit of Insurance applicable to that building whichever is less. If a damaged building is covered under a blanket Limit of Insurance which applies to more than one building or item of property then the most we will pay under this Additional Coverage for that damaged building is the lesser of 10000 or 5 times the value of the damaged building as of the time of loss times the applicable Coinsurance percentage. The amount payable under this Additional Coverage is additional insurance. 7 With respect to this Additional Coverage a We will not pay for the Increased Cost of Construction i Until the property is actually repaired or replaced at the same or another premises and ii Unless the repair or replacement is made as soon as reasonably possible after the loss or damage not to exceed two years. We may extend this period in writing during the two years. CP 00101012 Insurance Services Office Inc. 2011 Page 5 of 16 | 2 |
3 The Covered Causes of Loss applicable to Your Business Personal Property apply to this Additional Coverage Electronic Data subject to the following a c If the Causes Of Loss Special Form applies coverage under this Additional Coverage Electronic Data is limited to the specified causes of loss as defined in that form and Collapse as set forth in that form. If the Causes Of Loss Broad Form applies coverage under this Additional Coverage Electronic Data includes Collapse as set forth in that form. If the Causes Of Loss form is endorsed to add a Covered Cause of Loss the additional Covered Cause of Loss does not apply to the coverage provided under this Additional Coverage Electronic Data. The Covered Causes of Loss include a virus harmful code or similar instruction introduced into or enacted on a computer system including electronic data or a network to which it is connected designed to damage or destroy any part of the system or disrupt its normal operation. But there is no coverage for loss or damage caused by or resuting from manipulation of a computer system including electronic data by any employee including a temporary or leased employee or by an entity retained by you or for you to inspect design install modify maintain repair or replace that system. b If the building is repaired or replaced at the same premises or if you elect to rebuild at another premises the most we will pay for the Increased Cost of Construction subject to the provisions of e.6 of this Additional Coverage is the increased cost of construction at the same premises. c If the ordinance or law requires relocation to another premises the most we will pay for the Increased Cost of Construction subject to the provisions of e.6 of this Additional Coverage is the increased cost of construction at the new premises. 8 This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion to the extent that such Exclusion would conflict with the provisions of this Additional Coverage. 9 The costs addressed in the Loss Payment and Valuation Conditions and the Replacement Cost Optional Coverage in this Coverage Form do not include the increased cost attributable to enforcement of or compliance with an ordinance or law. The amount payable under this Additional Coverage as stated in e.6 of this Additional Coverage is not subject to such limitation f. Electronic Data 1 Under this Additional Coverage electronic data has the meaning described under Property Not Covered Electronic Data. This Additional Coverage does not apply to your stock of prepackaged software or to electronic data which is integrated in and operates or controls the building s elevator lighting heating ventilation air conditioning or security system. 2 Subject to the provisions of this Additional Coverage we will pay for the cost to replace or restore electronic data which has been destroyed or corrupted by a Covered Cause of Loss. To the extent that electronic data is not replaced or restored the loss will be valued at the cost of replacement of the media on which the electronic data was stored with blank media of substantially identical type CP00101012 Insurance Services Office Inc. 2011 Page 6 of 16 | 2 |
4 The most we will pay under this Additional Coverage Electronic Data is 2500 unless a higher limit is shown in the Declarations for all loss or damage sustained in any one policy vyear regardless of the number of occurrences of loss or damage or the number of premises locations or computer systems involved. If loss payment on the first occurrence does not exhaust this amount then the balance is available for subsequent loss or damage sustained in but not after that policy year. With respect to an occurrence which begins in one policy year and continues or results in additional loss or damage in a subsequent policy years all loss or damage is deemed to be sustained in the policy year in which the occurrence began. 5. Coverage Extensions Except as otherwise provided the following Extensions apply to property located in or on the building described in the Declarations or in the open or in a vehicle within 100 feet of the described premises. If a Coinsurance percentage of 80 or more or a Value Reporting period symbol is shown in the Declarations you may extend the insurance provided by this Coverage Part as follows a. Newly Acquired Or Constructed Property 1 Buildings If this policy covers Building you may extend that insurance to apply to a Your new buildings while being built on the described premises and b Buildings you acquire at locations other than the described premises intended for i Similar use as the building described in the Declarations or i Use as a warehouse. The most we will pay for loss or damage under this Extension is 250000 at each building. 2 Your Business Personal Property a If this policy covers Your Business Personal Property you may extend that insurance to apply to i Business personal property including such property that you newly acquire at any location you acquire other than at fairs trade shows or exhibitions or ii Business personal property including such property that you newly acquire located at your newly constructed or acquired buildings at the location described in the Declarations. The most we will pay for loss or damage under this Extension is 100000 at each building. b This Extension does not apply to i Personal property of others that is temporarily in your possession in the course of instaling or performing work on such property or ii Personal property of others that is temporarily in your possession in the course of your manufacturing or wholesaling activities. 3 Period Of Coverage With respect to insurance provided under this Coverage Extension for Newly Acquired Or Constructed Property coverage will end when any of the following first occurs a This policy expires b 30 days expire after you acquire the property or begin construction of that part of the building that would qualify as covered property or c You report values to us. We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered property. CP 00101012 Insurance Services Office Inc. 2011 Page 7 of 16 | 2 |
d. Property Off premises 1 You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is away from the described premises if it is a Temporarily at a location you do not own lease or operate b In storage at a location you lease provided the lease was executed after the beginning of the current policy term or c Atany fair trade show or exhibition 2 This Extension does not apply to property a Inoron a vehicle or b In the care custody or control of your salespersons unless the property is in such care custody or control at a fair trade show or exhibition. 3 The most we will pay for loss or damage under this Extension is 10000. e. Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor fences radio and television antennas including satellite dishes trees shrubs and plants other than trees shrubs or plants which are stock or are part of a vegetated roof including debris removal expense caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss 1 Fire 2 Lightning 3 Explosion 4 Riot or Civil Commotion or 5 Aircraft The most we will pay for loss or damage under this Extension is 1000 but not more than 250 for any one tree shrub or plant. These limits apply to any one occurrence regardless of the types or number of items lost or damaged in that occurrence. b. Personal Effects And Property Of Others You may extend the insurance that applies to Your Business Personal Property to apply to 1 Personal effects owned by you your officers your partners or members your managers or your employees. This Extension does not apply to loss or damage by theft. 2 Personal property of others in your care custody or control The most we will pay for loss or damage under this Extension is 2500 at each described premises. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. c. Valuable Papers And Records Other Than Electronic Data 1 You may extend the insurance that applies to Your Business Personal Property to apply to the cost to replace or restore the lost information on valuable papers and records for which duplicates do not exist. But this Extension does not apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Covered Electronic Data. 2 If the Causes Of Loss Special Form applies coverage under this Extension is limited to the specified causes of loss as defined in that form and Collapse as set forth in that form 3 If the Causes Of Loss Broad Form applies coverage under this Extension includes Collapse as set forth in that form. Under this Extension the most we will pay to replace or restore the lost information is 2500 at each described premises unless a higher limit is shown in the Declarations. Such amount is additional insurance. We will also pay for the cost of blank material for reproducing the records whetner or not duplicates exist and when there is a duplicate for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage of such costs is not additional insurance. 4 CP00101012 Insurance Services Office Inc. 2011 Page 8 of 16 | 2 |
Subject to all aforementioned terms and limitations of coverage this Coverage Extension includes the expense of removing from the described premises the debris of trees shrubs and plants which are the property of others except in the situation in which you are a tenant and such property is owned by the landlord of the described premises. f. Non owned Detached Trailers 1 You may extend the insurance that applies to Your Business Personal Properly to apply to loss or damage to trailers that you do not own provided that a The trailer is used in your business b The trailer is in your care custody or control at the premises described in the Declarations and c You have a contractual responsibility to pay for loss or damage to the trailer. 2 We will not pay for any loss or damage that occurs a While the trailer is attached to any motor vehicle or motorized conveyance whether or not the motor vehicle or motorized conveyance is in motion During hitching or unhitching operations or when a trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance. 3 The mast we will pay for loss or damage under this Extension is 5000 unless a higher limit is shown in the Declarations. b 4 This insurance is excess over the amount due whether you can collect on it or not from any other insurance covering such property. g. Business Personal Property Temporarily in Portable Storage Units 1 You may extend the insurance that applies to Your Business Personal Property to apply to such property while temporarily stored in a portable storage unit including a detached trailer located within 100 feet of the building or structure described in the Declarations or within 100 feet of the premises described in the Declarations whichever distance is greater. 2 If the applicable Covered Causes of Loss form or endorsement contains a limitation or exclusion concerning loss or damage from sand dust sleet snow ice or rain to property in a structure such limitation or exclusion also applies to property in a portable storage unit. 3 Coverage under this Extension a Will end 90 days after the business personal property has been placed in the storage unit b Does not apply if the storage unit itself has been in use at the described premises for more than 90 consecutive days even if the business personat property has been stored there for 90 or fewer days as of the time of loss or damage. 4 Under this Extension the most we will pay for the total of all loss or damage to business personal property is 10000 unless a higher limit is indicated in the Declarations for such Extension regardless of the number of storage units Such limit is part of not in addition to the applicable Limit of Insurance on Your Business Personal Property. Therefore payment under this Extension will not increase the applicable Limit of Insurance on Your Business Personal Property. This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorsement to this Coverage Form or policy and does not apply to loss or damage to the storage unititself Each of these Extensions is additional insurance unless otherwise indicated. The Additional Condition Coinsurance does not apply to these Extensions. B. Exclusions And Limitations See applicable Causes Of Loss form as shown in the Declarations. C. Limits Of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Limit Of Insurance shown in the Declarations. 5 The most we will pay for loss or damage to outdoor signs whether or not the sign is attached to a building is 2500 per sign in any one occurrence. CP00101012 Insurance Services Office Inc. 2011 Page 9 of 16 | 2 |
Total amount of loss payable 59850 80000 139850 Example 2 This example too assumes there is no Coinsurance penalty. The Deductible and Limits of Insurance are the same as those in Example 1. Loss to Building 1 70000 Exceeds Limit of Insurance plus Deductible Loss to Building 2 90000 Exceeds Limit of Insurance plus Deductible Loss Payable Building 1 60000 Limit of Insurance Loss Payable Building 2 80000 Limit of Insurance Total amount of loss payable 140000 E. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions 1. Abandonment There can be no abandonment of any property to us 2. Appraisal If we and you disagree on the value of the property or the amount of loss either may make written demand for an appraisal of the loss. In this event 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. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal we will still retain our right to deny the claim. 3. Duties In The Event Of Loss Or Damage a. You must see that the following are done in the event of loss or damage to Covered Property 1 Notify the police if a law may have been broken. The amounts of insurance stated in the following Additional Coverages apply in accordance with the terms of such coverages and are separate from the Limits Of Insurance shown in the Declarations for any other coverage 1. Fire Department Service Charge. Pollutant Clean up And Removal 3. Increased Cost Of Construction and 4. Electronic Data. Payments under the Preservation Of Property Additional Coverage will not increase the applicable Limit of Insurance. D. Deductible In any one occurrence of loss or damage hereinafter referred to as loss we will first reduce the amount of loss if required by the Coinsurance Condition or the Agreed Value Optional Coverage. If the adjusted amount of loss is less than or equal to the Deductible we will not pay for that loss. If the adjusted amount of loss exceeds the Deductible we will then subtract the Deductible from the adjusted amount of loss and will pay the resulting amount or the Limit of Insurance whichever is less. When the occurrence involves loss to more than one item of Covered Property and separate Limits of Insurance apply the losses will not be combined in determining application of the Deductible. But the Deductible will be applied only once per occurrence. Example 1 This example assumes there is no Coinsurance penalty. Deductible 250 Limit of Insurance Building 1 60000 Limit of Insurance Building 2 80000 Loss to Building 1 60100 Loss to Building 2 90000 The amount of loss to Building 1 60100 is less than the sum 60250 of the Limit of Insurance applicable to Building 1 plus the Deductible. The Deductible will be subtracted from the amount of loss in calculating the loss payable for Building 1 60100 250 59850 Loss Payable Building 1 The Deductible applies once per occurrence and therefore is not subtracted in determining the amount of loss payable for Building 2. Loss payable for Building 2 is the Limit of Insurance of 80000. le ance Building 1 ance Building 2 ng 1 ey D Insurance Services Office Inc. 2011 CP00101012 Page 10 of 16 | 2 |
2 Give us prompt notice of the loss or damage. Include a description of the property involved. 3 As soon as possible give us a description of how when and where the loss or damage occurred 4 Take all reasonable steps to protect the Covered Property from further damage and keep a record of your expenses necessary to protect the Covered Property for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also if feasible set the damaged property aside and in the best possible order for examination. 5 At our request give us complete inventories of the damaged and undamaged property. Include quantities costs values and amount of loss claimed. 6 As often as may be reasonably required permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection testing and analysis and permit us to make copies from your books and records. 7 Send us a signed sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms 8 Cooperate with us in the investigation or settlement of the claim.. We may examine any insured under oath while not in the presence of any other insured and at such times as may be reasonably required about any matter relating to this insurance or the claim including an insured s books and records. In the event of an examination an insured s answers must be signed. 4. Loss Payment a. In the event of loss or damage covered by this Coverage Form at our option we will either 1 Pay the value of lost or damaged property 2 Pay the cost of repairing or replacing the lost or damaged property subject to b. below 3 Take all or any part of the property at an agreed or appraised value or 4 Repair rebuild or replace the property with other property of like kind and quality subject to b. below. We will determine the value of lost or damaged property or the cost of its repair or replacement in accordance with the applicable terms of the Valuation Condition in this Coverage Form or any applicable provision which amends or supersedes the Valuation Condition. b. The cost to repair rebuild or replace does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction use or repair of any property.. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. We will not pay you mare than your financial interest in the Covered Property.. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners such payments will satisfy your claims against us for the owners property. We will not pay the owners more than their financial interest in the Covered Property. f. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense.. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if you have complied with all of the terms of this Coverage Part and 1 We have reached agreement with you on the amount of loss or 2 An appraisal award has been made. I3 o CP 00101012 Insurance Services Office Inc. 2011 Page 11 of 16 | 2 |
b When this policy is issued to the owner or general lessee of a building building means the entire building. Such building is vacant unless at least 31 of its total square footage is i Rented to a lessee or sublessee and used by the lessee or sublessee to conduct its customary operations andor i Used by the building owner to conduct customary operations. 2 Buildings under construction or renovation are not considered vacant. b. Vacancy Provisions If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage oceurs 1 We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss a Vandalism b Sprinkler leakage unless you have protected the system against freezing c Building glass breakage d Water damage e Theft or f Attempted theft. 2 With respect to Covered Causes of Loss other than those listed in b.1a through b.1Xf above we wiil reduce the amount we would otherwise pay for the loss or damage by 15. 7. Valuation We will determine the value of Covered Property in the event of loss or damage as follows a. At actual cash value as of the time of loss or damage except as provided in b. d. and e. below b. If the Limit of Insurance for Building satisfies the Additional Condition Coinsurance and the cost to repair or replace the damaged building property is 2500 or less we will pay the cost of building repairs or replacement h. A party wall is a wall that separates and is common to adjeining buildings that are owned by different parties. In settling covered losses involving a party wall we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building However if you elect to repair or replace your building and the owner of the adjoining building elects not to repair or replace that building we will pay you the full value of the loss to the party wall subject to all applicable policy provisions including Limits of Insurance the Valuation and Coinsurance Conditions and all other provisions of this Loss Payment Condition. Our payment under the provisions of this paragraph does not alter any right of subrogation we may have against any entity including the owner or insurer of the adjoining building and does not alter the terms of the Transfer Of Rights Of Recovery Against Others To Us Condition in this policy. 5. Recovered Property If either you or we recover any property after loss settlement that party must give the other prompt notice. At your option the property will be returnad to you. You must then return to us the amount we paid to you for the property. We wil pay recovery expenses and the expenses to repair the recovered property subject to the Limit of Insurance. Vacancy. Description Of Terms 1 As used in this Vacancy Condition the term building and the term vacant have the meanings set forth in 1a and 1b below a When this policy is issued to a tenant and with respect to that tenant s interest in Covered Property building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business persanal property to conduct customary operations. CP00101012 Insurance Services Office Inc. 2011 Page 12 of 16 | 2 |
The cost of building repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction use or repair of any property. However the following property will be valued at the actual cash value even when attached to the building 1 Awnings or floor coverings 2 Appliances for refrigerating ventilating cooking dishwashing or laundering or 3 Outdoor equipment or furniture. c. Stock you have sold but not delivered at the selling price less discounts and expenses you otherwise would have had. d. Giass at the cost of replacement with safety glazing material if required by law. e. Tenants Improvements and Betterments at 1 Actual cash value of the lost or damaged Instead we will determine the most we will pay using the following steps 1 Multiply the value of Covered Property at the time of loss by the Coinsurance percentage 2 Divide the Limit of Insurance of the property by the figure determined in Step 3 Multiply the total amount of loss before the application of any deductibie by the figure determined in Step 2 and 4 Subtract the deductible from the figure determined in Step 3. We will pay the amount determined in Step 4 or the Limit of Insurance whichever is less. For the remainder you will either have to rely on other insurance or absorb the loss yourself. Example 1 Underinsurance property if you make repairs promptly. When The value of the property is 250000 2 A proportion of your original cost if you do The Coinsurance percentage for not make repairs promptly. We will itis 80 Ieerm.ne the proportionate value as The Limit of Insurance for it is 100000 O ovs.r by The Deductible is 250 Multiply the original cost by the. number of days from the loss or The amount of loss is 40000 damage to the expiration of the lease Step 1 250000 x 80 200000 and the minimum amount of insurance to meet b Divide the amount determined in a your Coinsurance requirements above by the number of days from the Step 2 100000 200000.50 installation of improvements to the expiration of the Jease. z p s gggg X 52058 20007O If your lease contains a renewal option op 4 20 8 19.750 the expiration of the renewal option period We will pay no more than 19750. The remaining will replace the expiration of the lease in 20250 is not covered. this procedure. Example 2 Adequate Insurance relrggme ers pay for repais of yior Thevalue of the propery is 250000 F. Additional Conditions e Goinsurance percentage 0 o The following conditions apply in addition to the i itis Common Palicy Conditions and the Commercial The Limit of Insurance for tis 200000 Property Conditions The Deductible is 250 The amount of loss is 40000 1. Coinsurance If a Coinsurance percentage is shown in the Declarations the following condition applies a. We will not pay the full amount of any loss if the value of Covered Property at the time of loss times the Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the property. The minimum amount of insurance to meet your Coinsurance requirement is 200000 250000 x 80. Therefore the Limit of Insurance in this example is adequate and no penalty applies. We will pay no more than 39750 40000 amount of loss minus the deductible of 250. ritis ARA CP00101012 Insurance Services Office Inc. 2011 Page 13 of 16 | 2 |
2 Submits a signed sworn proof of loss within 60 days after receiving notice from us of your failure to do so and 3 Has nofified us of any change in ownership occupancy or substantial change in risk known to the mortgagehoider. All of the terms of this Coverage Part will then apply directly to the mortgageholder. e. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part 1 The mortgageholder s rights under the mortgage will be transferred to us to the extent of the amount we pay and 2 The mortgageholder s right to recover the fuil amount of the mortgageholder s claim will not be impaired At our option we may pay to the mortgageholder the whole principal on the mortgage pius any accrued interest. In this event your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. If we cancel this policy we will give written notice to the mortgagehalder at least 1 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this policy we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. G. Optional Coverages If shown as applicable in the Declarations the following Optional Coverages apply separately to each item 1. Agreed Value a. The Additional Condition Coinsurance does not apply to Covered Property to which this Optional Coverage applies. We will pay no more for loss of or damage to that property than the proportion that the Limit of Insurance under this Coverage Part for the property bears to the Agreed Value shown for it in the Declarations. b. If one Limit of Insurance applies to two or more separate items this condition will apply to the total of all property to which the limit applies Example 3 When The value of the property is Building at Location 1 75000 Building at Location 2 100000 Personal Property at Location 2 75000 250000 Step 1 Step 2 Step 3 Step 4 We will The Coinsurance percentage for it is 90 The Limit of Insurance for Buildings and Personal Property at Locations 1 and 2 is 180000 The Deductible is 1000 The amount of loss is Building at Location 2 30000 Personal Property at Location 2 20000 50000 250000 x 90 225000 the minimum amount of insurance to meet your Coinsurance requirements and to avoid the penalty shown below 180000 225000.80 50000 x.80 40000 40000 1000 39000 pay no more than 39000. The remaining 11000 is not covered. 2. Mortgageholders a. b. The term mortgagehoider includes trustee We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence as interests may appear.. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure.. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part the mortgageholder will still have the right to receive loss payment if the mortgageholder 1 Pays any premium due under this Coverage Part at our request if you have failed to do so SS is tion 2 NPC NAN CP00101012 Insurance Services Office Inc. 2011 Page 14 of 16 | 2 |
b. If the expiration date for this Optional Coverage shown in the Declarations is not extended the Additional Condition Coinsurance is reinstated and this Optional Coverage expires. c. The terms of this Optional Coverage apply only to loss or damage that occurs 1 On or after the effective date of this Optional Coverage and 2 Before the Agreed Value expiration date shown in the Declarations or the policy expiration date whichever occurs first. 2. inflation Guard a. The Limit of Insurance for property to which this Optional Coverage applies will automatically increase by the annual percentage shown in the Declarations. b. The amount of increase will be 1 The Limit of Insurance that applied on the most recent of the policy inception date the policy anniversary date or any other policy change amending the Limit of Insurance times 2 The percentage of annual increase shown in the Declarations expressed as a decimal example 8 is.08 times 3 The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance divided by 365. Example If The applicable Limit of Insurance is 100000 The annual percentage increase is 8 The number of days since the beginning of the policy year or last policy change is 146 The amount of increase is 100000 x.08 x 146 365 3200 3. Replacement Cost a. Replacement Cost without deduction for depreciation replaces Actual Cash Value in the Valuation Loss Condition of this Coverage Form. b. This Optional Coverage does not apply to 1 Personal property of others 2 Contents of a residence 3 Works of art antiques or rare articles inciuding etchings pictures statuary marbles bronzes porcelains and bric a brac or Stock unless the Including Stock option is shown in the Declarations. Under the terms of this Replacement Cost Optional Coverage tenants improvements and betterments are not considered to be the personal property of others. c. You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage. d. We will not pay on a replacement cost basis for any loss or damage U Until the lost or damaged property is actually repaired or replaced and Unless the repair or replacement is made as soon as reasonably possible after the loss or damage. With respect to tenants improvements and betterments the following aiso apply If the conditions in d.1 and d.2 above are not met the value of tenants improvements and betterments will be determined as a proportion of your original cost as set forth in the Valuation Loss Condition of this Coverage Form and We will not pay for loss or damage to tenants improvements and betterments if others pay for repairs or replacement. e. We will not pay more for loss or damage on a replacement cost basis than the least of 1 2 or 3 subject to f. below M The Limit of Insurance applicable to the lost or damaged property The cost to replace the lost or damaged property with other property a Of comparabie material and quality and b Used for the same purpose or The amount actually spent that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new premises the cost described in e.2 above is limited to the cost which would have been incurred if the building had been rebuilt at the original premises. CP00101012 Insurance Services Office Inc. 2011 Page 15 of 16 | 2 |
H. Definitions 1. Fungus means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. 2. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 3. Stock means merchandise held in storage or for sale raw materials and in process or finished goods including supplies used in their packing or shipping. f. The cost of repair or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction use or repair of any property. 4. Extension Of Replacement Cost To Personal Property Of Others a. If the Replacement Cost Optional Coverage is shown as applicable in the Declarations then this Extension may also be shown as applicable. If the Declarations show this Extension as applicable then Paragraph 3.b.1 of the Replacement Cost Optional Coverage is deleted and all other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others. b. With respect to replacement cost on the personal property of others the following limitation applies If an items of personal property of others is subject to a written contract which governs your liability for loss or damage to that items then valuation of that items will be based on the amount for which you are liable under such contract but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. CP 00101012 Insurance Services Office Inc. 2011 Page 16 of 16 | 2 |
COMMERCIAL PROPERTY A. COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. CONCEALMENT MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured at any time intentionally conceal or misrepresent a ma terial fact concerning 1. This Coverage Part 2. The Covered Property 3. Your interest in the Covered Property or 4. Aclaim under this Coverage Part.. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cov erage at any location where at the time of loss or damage the breach of condition does not exist. INSURANCE UNDER TWO OR MORE COVER AGES If two or more of this policy s coverages apply to the same loss or damage we will not pay more than the actual amount of the loss or damage.. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless 1. There has been full compliance with all of the terms of this Coverage Part and 2. The action is brought within 2 years after the date on which the direct physical loss or dam age occurred. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi tional premium within 45 days prior to or during the policy period the broadened coverage will immediately apply to this Coverage Part NO BENEFIT TO BAILEE No person or organization other than you having custody of Covered Property wili benefit from this insurance.. OTHER INSURANCE 1. You may have other insurance subject to the same plan terms conditions and provisions as the insurance under this Coverage Part. I you do we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of In surance of allinsurance covering on the same basis. 2. Ifthere is other insurance covering the same loss or damage other than that described in 1. above we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance.. POLICY PERIOD COVERAGE TERRITORY Under this Coverage Part 1. We cover loss or damage commencing a. During the policy period shown in the Declarations and b. Within the coverage territory. 2. The coverage territory is a. The United States of America including its territories and possessions b. Puerto Rico and c. Canada. vered Property or erage Part. Y person other than you control will not affect n of this Coverage Part ons will not affect cov e at the time of loss or dition does not exist O OR MORE COVER CP 0090 07 88 Copyright 1ISO Commercial Risk Services Inc. 1983 1987 Page 1 0of 2 | 2 |
2. After aloss to your Covered Property or Cov ered Income only if at time of loss that party is one of the following a. Someone insured by this insurance b. Abusiness firm 1 Owned or controlled by you or 2 That owns or controls you or c. Yourtenant. This will not restrict your insurance TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US It any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. Butyou may waive your rights against another party in writing 1. Prior to a loss to your Covered Property or Covered Income. CP 009007 88 Copyright ISO Commercial Risk Services Inc. 1983 1987 Page 2 of 2 O | 2 |
COMMERCIAL PROPERTY CP10300917 CAUSES OF LOSS SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions A. Covered Causes Of Loss When Special is shown in the Declarations Covered Causes of Loss means direct physical loss unless the loss is excluded or limited in this policy. B. Exclusions 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Ordinance Or Law The enforcement of or compliance with any ordinance or law 1 Regulating the construction use or repair of any property or 2 Requiring the tearing down of any property including the cost of removing its debris. This exclusion Ordinance Or Law applies whether the loss results from a An ordinance or law that is enforced even if the property has not been damaged or b The increased costs incurred to comply with an ordinance or law in the course of construction repair renovation remodeling or demolition of property or removal of its debris following a physical loss to that property b. Earth Movement 1 Earthquake including tremors and aftershocks and any earth sinking rising or shifting related to such event 2 Landslide including any earth sinking rising or shifting related to such event 3 Mine subsidence meaning subsidence of a man made mine whether or not mining activity has ceased 4 Earth sinking other than sinkhole collapse rising or shifting including soil conditions which cause settling cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction expansion freezing thawing erosion improperly compacted soil and the action of water under the ground surface. But it Earth Movement as described in b.1 through 4 above results in fire or explosion we will pay for the loss or damage caused by that fire or explosion. 5 Volcanic eruption explosion or effusion. But if volcanic eruption explosion or effusion results in fire building giass breakage or Volcanic Action we will pay for the loss or damage caused by that fire building glass breakage or Volcanic Action. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by a Airborne volcanic blast or airborne shock waves b Ash dust or particulate matter or c Lava flow. With respect to coverage for Volcanic Action as set forth in 5Ka 5Xb and 5c all volcanic eruptions that occur within any 168 hour period will constitute a slngle occurrence. Volcanic Action does not include the cost to remove ash dust or particulate matter that does not cause direct physical loss or damage to the described property. This exclusion applies regardless of whether any of the above in Paragraphs 1 through 5 is caused by an act of nature or is otherwise caused. CP 10300917 Insurance Services Office Inc. 2016 Page 1 of 10 | 2 |
2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these g. Water 1 Flood surface water waves including tidal wave and tsunami tides tidal water overflow of any body of water or spray from any of these all whether or not driven by wind including storm surge 2 Mudslide or mudflow 3 Water that backs up or overflows or is otherwise discharged from a sewer drain sump sump pump or related equipment 4 Water under the ground surface pressing on or flowing or seeping through a Foundations walis floors or paved surfaces b Basements whether paved or not or c Doors windows or other openings or 5 Waterborne material carried or otherwise moved by any of the water referred to in Paragraph 1 3 or 4 or material carried or otherwise moved by mudslide or mudfiow. This exclusion applies regardless of whether any of the above in Paragraphs 1 through 5 is caused by an act of nature or is otherwise caused. An example of a situation to which this exclusion applies is the situation where a dam levee seawall or other boundary or containment system fails in whole or in part for any reason to contain the water. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Part d. Nuclear Hazard Nuclear reaction or radiation or radioactive contamination however caused. But if nuclear reaction or radiation or radioactive contamination results in fire we will pay for the loss or damage caused by that fire. e. Utility Services The failure of power communication water or other utility service supplied to the described premises however caused if the failure 1 Originates away from the described premises or 2 Originates at the described premises but only if such failure involves equipment used to supply the utility service to the described premises from a source away from the described premises. Failure of any utility service includes lack of sufficient capacity and reduction in supply. Loss or damage caused by a surge of power is also excluded if the surge would not have occurred but for an event causing a failure of power. But if the failure or surge of power or the failure of communication water or other utility service results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. Communication services include but are not limited to service relating to Internet access or access to any electronic cellular or satellite network. f. War And Military Action 1 War including undeclared or civil war Insurance Services Office Inc. 2016 CP10300917 Page 2 of 10 | 2 |
But if any of the above in Paragraphs 1 through 5 results in fire explosion or sprinkler leakage we will pay for the foss or damage caused by that fire explosion or sprinkler leakage if sprinkler leakage is a Covered Cause of Loss. h. Fungus Wet Rot Dry Rot And Bacteria Presence growth proliferation spread or any activity of fungus wet or dry rot or bacteria. But if fungus wet or dry rot or bacteria result in a specified cause of loss we will pay for the loss or damage caused by that specified cause of loss. This exclusion does not apply 1 When fungus wet or dry rot or bacteria result from fire or lightning or 2 To the extent that coverage is provided in the Additional Coverage Limited Coverage For Fungus Wet Rot Dry Rot And Bacteria with respect to loss or damage by a cause of loss other than fire or lightning. Exclusions B.1.a. through B.1.h. apply whether or not the loss event results in widespread damage or affects a substantial area.. We will not pay for loss or damage caused by or resulting from any of the following a. Artificially generated electrical magnstic or electromagnetic energy that damages disturbs disrupts or otherwise interferes with any. 1 Electrical or electronic wire device appliance system or network or 2 Device appliance system or network utilizing cellular or satellite technology For the purpose of this exclusion electrical magnetic or electromagnetic energy includes butis not limited to a Electrical current including arcing b Electrical charge produced or conducted by a magnetic or electromagnetic field c Pulse of electromagnetic energy or d Electromagnetic waves or microwaves But if fire results we will pay for the loss or damage caused by that fire. b. Delay loss of use or loss aof market. c. Smoke vapor or gas from agricultural smudging or industrial operations. d.1 Wear and tear 2 Rust or other corrosion decay deterioration hidden or latent defect or any quality in property that causes it to damage or destroy itself 3 Smog 4 Settling cracking shrinking or expansion 5 Nesting or infestation or discharge or release of waste products or secretions by insects birds rodents or other animals. Mechanical breakdown including rupture or bursting caused by centrifugal force. But if mechanical breakdown results in elevator collision we will pay for the loss or damage caused by that elevator collision. 6 7 The following causes of loss to personal property a Dampness or dryness of atmosphere b Changes in or extremes of temperature or Marring or scratching. But if an excluded cause of loss that is listed in 2.d.1 through 7 results in a specified cause of loss or building glass breakage we will pay for the loss or damage caused by that specified cause of loss or building glass breakage. Explosion of steam boilers steam npipes steam engines or steam turbines owned or leased by you or operated under your control. But if explosion of steam boilers steam pipes steam engines or steam turbines results in fire or combustion explosion we will pay for the loss or damage caused by that fire or combustion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. Continuous or repeated seepage or leakage of water or the presence or condensation of humidity moisture or vapor that occurs over a period of 14 days or more CP 10300917 Insurance Services Office Inc. 2016 Page 3 of 10 | 2 |
This exclusion k. does not apply a To the extent that coverage is provided under the Additional Coverage Collapse or b To collapse caused by one or more of the following i The specified causes of loss ii Breakage of building glass iify Weight of rain that collects on a roof or iv Weight of people or personal property. I. Discharge dispersal seepage migration release or escape of pollutants unless the discharge dispersal seepage migration release or escape is itself caused by any of the specified causes of loss. But if the discharge dispersal seepage migration release or escape of pollutants results in a specified cause of loss we will pay for the loss or damage caused by that specified cause of loss. This exclusion. does not apply to damage to glass caused by chemicals applied to the glass. m. Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss. 3. We will not pay for loss or damage caused by or resulting from any of the following 3.a. through 3.c. But if an excluded cause of loss that is listed in 3.a. through 3.. results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in Paragraph 1. above to produce the loss or damage. b. Acts or decisions including the failure to act or decide of any person group organization or governmental body. c. Faulty inadequate or defective 1 Planning zoning development surveying siting 2 Design specifications workmanship repair construction renovation remodeling grading compaction 3 Materials used in repair construction renovation or remodeling or 4 Maintenance k. Water other liquids powder or molten material that leaks or flows from plumbing heating air conditioning or other equipment except fire protective systems caused by or resulting from freezing unless 1 You do your best to maintain heat in the building or structure or 2 You drain the equipment and shut off the supply if the heat is not maintained. Dishonest or criminal act including theft by you any of your partners members officers managers employees including temporary employees and leased workers directors trustees or authorized representalives whether acting alone or in collusion with each other or with any other party or theft by any person to whom you entrust the property for any purpose whether acting alone or in collusion with any other party. This exclusion 1 Applies whether or not an act occurs during your normal hours of operation 2 Does not apply to acts of destruction by your employees including temporary employees and leased workers or authorized representatives but theft by your employees including temporary employees and leased workers or authorized representatives is not covered Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme trick device or false pretense.. Rain snow ice or sleet to personal property n the open Collapse including any of the following conditions of property or any part of the property 1 An abrupt falling down or caving in 2 Loss of structural integrity including separation of parts of the property or property in danger of falling down or caving in or 3 Any cracking buiging sagging bending leaning settiing shrinkage or expansion as such condition relates to 1 or 2 above. But if collapse results in a Covered Cause of Loss at the described premises we will pay for the loss or damage caused by that Covered Cause of Loss CP10300917 Insurance Services Office Inc. 2016 Page 4 of 10 | 2 |
of part or all of any property on or off the described premises 4. Special Exclusions The following provisions apply only to the specified Coverage Forms a. Business Income And Extra Expense Coverage Form Business Income Without Extra Expense Coverage Form Or Extra Expense Coverage Form We will not pay for 1 Any loss caused by or resulting from a Damage or destruction of finished stock or b The time required to reproduce finished stock This exclusion does not apply to Extra Expense. 2 Any loss caused by or resulting from direct physical loss or damage to radio or television antennas including satellite dishes and their lead in wiring masts or towers. 3 Any increase of loss caused by or resulting from a Delay in rebuilding repairing or replacing the property or resuming operations due to interference at the location of the rebuilding repair or replacement by strikers or other persons or b Suspension lapse or cancellation of any license lease or contract. But if the suspension lapse or cancellation is directly caused by the suspension of operations we will cover such loss that affects your Business Income during the period of restoration and any extension of the period of restoration in accordance with the terms of the Extended Business Income Additional Coverage and the Extended Period Of Indemnity Optional Coverage or any variation of these. 4 Any Extra Expense caused by or resulting from suspension lapse or cancellation of any license lease or contract beyond the period of restoration 5 Any other consequential foss. b. Leasehold Interest Coverage Form 1 Paragraph B.l.a Ordinance Or Law does not apply to insurance under this Coverage Form. 2 We will not pay for any loss caused by a Your cancelling the lease b The suspension lapse or cancellation of any license or c Any other consequential loss c. Legal Liability Coverage Form 1 The following exclusions do not apply to insurance under this Coverage Form a Paragraph B.1.a. Ordinance Or Law b Paragraph B.l.c. Governmental Action c Paragraph B.1.d. Nuclear Hazard d Paragraph B.1.e. Utility Services and e Paragraph B.1. War And Military Action 2 The following additional exclusions apply to insurance under this Coverage Form a Contractual Liability We will not defend any claim or suit or pay damages that you are legally liable to pay solely by reason of your assumption of liability in a contract or agreement. But this exclusion does not apply to a written lease agreement in which you have assumed liability for building damage resulting from an actual or attempted burglary or robbery provided that i Your assumption of liability was executed prior to the accident and ii The building is Covered Property under this Coverage Form. b Nuclear Hazard We will not defend any claim or suit or pay any damages loss expense or obligation resulting from nuclear reaction or radiation or radioactive contamination however caused. CP 10300917 Insurance Services Office Inc. 2016 Page 5 of 10 | 2 |
d. Building materials and supplies not attached as part of the building or structure caused by or resulting from theft. However this limitation does not apply to 1 Building materials and supplies held for sale by you unless they are insured under the Builders Risk Coverage Form or 2 Business Income Coverage or Extra Expense Coverage. e. Property that is missing where the only evidence of the loss or damage is a shortage disclosed on taking inventory or other instances where there is no physical evidence to show what happened to the property.. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. g. Lawns trees shrubs or plants which are part of a vegetated roof caused by or resulting from 1 Dampness or dryness of atmosphere or of soil supporting the vegetation 2 Changes in or extremes of temperature 3 Disease 4 Frostor hail or 5 Rain snow ice or sleet. 2. We will not pay for loss of or damage to the following types of property unless caused by the specified causes of loss or building glass breakage a. Animals and then only if they are killed or their destruction is made necessary. b. Fragile articles such as statuary marbles chinaware and porcelains it broken. This restriction does not apply to 1 Glass or 2 Containers of property held for sale. c. Builders machinery tools and equipment owned by you or entrusted to you provided such property is Covered Property. However this limitation does not apply 1 If the property is located on or within 100 feet of the described premises unless the premises is insured under the Builders Risk Coverage Form or 5. Additional Exclusion The following provisions apply only to the specified property Loss Or Damage To Products We will not pay for loss or damage to any merchandise goods or other product caused by or resulting from error or omission by any person or entity including those having possession under an arrangement where work or a portion of the work is outsourced in any stage of the development production or use of the product including planning testing processing packaging installation maintenance or repair. This exclusion applies to any effect that compromises the form substance or quality of the product. But if such error or omission results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. C. Limitations The following limitations apply to all policy forms and endorsements unless otherwise stated 1. We will not pay for loss of or damage to property as described and limited in this section. In addition we will not pay for any loss that is a consequence of loss or damage as described and limited in this section. a. Steam boilers steam pipes steam engines or steam turbines caused by or resulting from any condition or event inside such equipment But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment other than an explosion.. The interior of any building or structure or to personal property in the building or structure caused by or resulting from rain snow sleet ice sand or dust whether driven by wind or not unless. 1 The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain snow sleet ice sand or dust enters or 2 The loss or damage is caused by or results from thawing of snow sleet or ice on the building or structure. CP10300917 Insurance Services Office Inc. 2016 Page 6 of 10 | 2 |
2 To Business Income Coverage or to Extra Expense Coverage. 3. The special limit shown for each category a. through d. is the total limit for loss of or damage to all property in that category. The speciai limit applies to any one occurrence of theft regardless of the types or number of articles that are lost or damaged in that occurrence. The special limits are unless a higher limit is shown in the Declarations a. 2500 for furs fur garments and garments trimmed with fur. b. 2500 for jewelry watches watch movements jewels pearls precious and semiprecious stones bullion gold silver platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth 100 or less per item. c. 2500 for patterns dies molds and forms. d. 250 for stamps ftickets including lottery tickets held for sale and letters of credit. These special limits are part of not in addition to the Limit of Insurance applicable to the Covered Property. This limitation.3. does not apply to Business Income Coverage or to Extra Expense Coverage 4. We will not pay the cost to repair any defect to a system or appliance from which water other liquid powder or molten material escapes. But we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage a. Results in discharge of any substance from an automatic fire protection system or b. Is directly caused by freezing. However this limitation does not apply to Business Income Coverage or to Extra Expense Coverage D. Additional Coverage Collapse The coverage provided under this Additionat Coverage Collapse applies only to an abrupt collapse as described and limited in D.1. through D.7. 1. For the purpose of this Additional Coverage Collapse abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building or part of the building can not be occupied for its intended purpose 2. 4. We will pay for direct physical loss or damage to Covered Property caused by abrupt collapse of a building or any part of a building that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form if such collapse is caused by one or more of the following a. Building decay that is hidden from view unless the presence of such decay is known to an insured prior to collapse b. Insect or vermin damage that is hidden from view unless the presence of such damage is known to an insured prior to collapse c. Use of defective material or methods in construction remodeling or renovation if the abrupt collapse aoccurs during the course of the construction remodeling or renovation 3. Use of defective material or methods in construction remodeling or renovation if the abrupt collapse occurs after the construction remodeling or renovation is complete but only if the collapse is caused in part by 1 Acause of loss listed in 2.a. or 2.b. 2 One or more of the specified causes of loss 3 Breakage of building glass 4 Weight of people or personal property or 5 Weight of rain that coliects on a roof. This Additional Coverage Collapse does not apply to a. A building or any part of a building that is in danger of falling down or caving in A part of a building that is standing even if it has separated from another part of the building or A building that is standing or any part of a building that is standing even if it shows evidence of cracking bulging sagging bending leaning settling shrinkage or expansion. With respect to the following property a. Outdoor radio or television antennas including satellite dishes and their lead in wiring masts or towers b c. CP 10300917 Insurance Services Office Inc. 2016 Page 7 of 10 | 2 |
E. Additional Coverage Limited Coverage For Fungus Wet Rot Dry Rot And Bacteria 1. The coverage described in E.2. and E.6. only applies when the fungus wet or dry rot or bacteria are the result of one or more of the following causes that occur during the policy period and only if all reasonable means were used to save and preserve the properly from further damage at the time of and after that occurrence a. A specified cause of loss other than fire or lightning or b. Flood if the Flood Coverage Endorsement applies to the affected premises This Additional Coverage does not apply to lawns trees shrubs or plants which are part of a vegetated roof. 2. We will pay for loss or damage by fungus wet or dry rot or bacteria. As used in this Limited Coverage the term loss or damage means a. Direct physical loss or damage to Covered Property caused by fungus wet or dry rot or bacteria including the cost of removal of the fungus wet or dry rot or bacteria b. The cost to tear out and replace any part of the building or other property as needed to gain access to the fungus wet or dry rot or bacteria and. The cost of testing performed after removal repair replacement or restoration of the damaged property is completed provided there is a reason to believe that fungus wet or dry rot or bacteria are present. 3. The coverage described under E.2. of this Limited Coverage is limited to 15000. Regardless of the number of claims this limit is the most we will pay for the totat of all loss or damage arising out of all occurrences of specified causes of loss other than fire or lightning and Flood which take place in a 12 month period starting with the beginning of the present annual policy period. With respect to a particular occurrence of loss which resuits in fungus wet or dry rot or bacteria we will not pay more than a total of 15000 even if the fungus wet or dry rot or bacteria continue to be present or active or recur in a later policy period.. Awnings gutters and downspouts. Yard fixtures QOutdoor swimming pools Fences Piers wharves and docks. Beach or diving platforms or appurtenances. Retaining walls and. Walks roadways and other paved surfaces if an abrupt collapse is caused by a cause of loss listed in 2.a. through 2.d. we wiil pay for foss or damage to that property only if 1 Such loss or damage is a direct result of the abrupt collapse of a building insured under this Coverage Form and 2 The property is Covered Property under this Coverage Form.. It personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a building we will pay for loss or damage to Covered Property caused by such collapse of personal property only if TQ.2 200 a. The collapse of personal property was caused by a cause of loss listed in 2.a. through 2.d. b. The personal property which collapses is inside a building and c. The property which collapses is not of a kind listed in 4. regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in this Paragraph 5. does not apply to personal property if marring andor scratching is the only damage to that personal property caused by the collapse.. This Additional Coverage Collapse does not apply to personal property that has not abruptly fallen down or caved in even if the personal property shows evidence of cracking bulging sagging bending leaning settling shrinkage or expansion.. This Additional Coverage Collapse will not increase the Limits of Insurance provided in this Coverage Part.. The term Covered Cause of Loss includes the Additional Coverage Collapse as described and fimited in D.1. through D.7. CP10300917 Insurance Services Office Inc. 2016 Page 8 of 10 | 2 |
4 The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any Covered Property. If a particular occurrence results in loss or damage by fungus wet or dry rot or bacteria and other loss or damage we will not pay more for the total of all loss or damage than the applicable Limit of Insurance on the affected Covered Property. If there is covered loss or damage to Covered Property not caused by fungus wet or dry rot or bacteria loss payment will not be limited by the terms of this Limited Coverage except to the extent that fungus wet or dry rot or bacteria cause an increase in the loss. Any such increase in the loss will be subject to the terms of this Limited Coverage. The terms of this Limited Coverage do not increase or reduce the coverage provided under Paragraph F.2. Water Damage Other Liquids Powder Or Molten Material Damage of this Causes Of Loss form or under the Additional Coverage Collapse. 6. The following 6.a. or 6.b. applies only if Business Income andor Extra Expense Coverage applies to the described premises and only if the suspension of operations satisfies all terms and conditions of the applicable Business Income andor Extra Expense Coverage Form a. If the loss which resulted in fungus wet or dry rot or bacteria does not in itself necessitate a suspension of operations but such suspension is necessary due to loss or damage to property caused by fungus wet or dry rot or bacteria then our payment under Business Income andor Extra Expense is limited to the amount of loss andor expense sustained in a period of not more than 30 days. The days need not be consecutive. If a covered suspension of operations was caused by ioss or damage other than fungus wet or dry rot or bacteria but remediation of fungus wet or dry rot or bacteria prolongs the period of restoration we will pay for loss andor expense sustained during the delay regardless of when such a delay occurs during the period of restoration but such coverage is limited to 30 days. The days need not be consecutive. L4 F. Additional Coverage Extensions 1. Property In Transit This Extension applies only to your perscnal property to which this form applies. a. You may extend the insurance provided by this Coverage Part to apply to your personal property other than property in the care custody or control of your salespersons in transit more than 100 feet from the described premises. Property must be in or on a motor vehicle you own lease or operate while between points in the coverage territory. b. Loss or damage must be caused by or result from one of the following causes of loss 1 Fire lightning explosion windstorm or hail riot or civil commotion or vandalism 2 Vehicle collision upset or overturn. Collision means accidental contact of your vehicle with another vehicle or object. It does not mean your vehicle s contact with the roadbed. 3 Theft of an entire bale case or package by forced entry into a securely locked bady or compartment of the vehicle. There must be visible marks of the forced entry. c. The most we will pay for loss or damage under this Extension is 5000. This Coverage Extension is additional insurance. The Additional Condition Coinsurance does not apply to this Extension. 2. Water Damage Other Liquids Powder Or Molten Material Damage If loss or damage caused by or resulting from covered water or other liquid powder or molten material damage loss occurs we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. This Coverage Extension does not increase the Limit of Insurance. CP 10300917 Insurance Services Office Inc. 2016 Page 9 of 10 | 2 |
2 Accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of a water or sewer pipe caused by wear and tear when the pipe is located off the described premises and is connected to or is part of a potable water supply system or sanitary sewer system operated by a public or private utility service provider pursuant to authority granted by the state or governmental subdivision where the described premises are located. But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion. Therefore for example there is no coverage under this policy in the situation in which discharge or leakage of water results from the breaking apart or cracking of a pipe which was caused by or related to weather induced flooding even if wear and tear contributedto the breakage or cracking. As another example and also in accordance with the terms of the Water Exclusion there is no coverage for loss or damage caused by or related to weather induced flooding which follows or is exacerbated by pipe breakage or cracking attributable to wear and tear. To the extent that accidental discharge or leakage of water falls within the criteria set forth in 1 or e2 of this definition of specified causes of loss such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the surface of the ground. 3. Glass a. We will pay for expenses incurred to put up temporary plates or board up openings if repair or replacement of damaged glass is delayed. b. We will pay for expenses incurred to remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays This Coverage Extension F.3. does not increase the Limit of Insurance. G. Definitions 1. Fungus means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. Specified causes of loss means the following fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing eguipment sinkhole collapse volcanic action falling objects weight of snow ice or sleet water damage. a. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include 1 The cost of filling sinkholes or 2 Sinking or collapse of land into man made underground cavities. b. Falling objects does not include loss or damage to 1 Personal property in the open or 2 The interior of a building or structure or property inside a building or structure unless the roof or an outside wall of the building or structure is first damaged by a falling object. c. Water damage means 1 Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing heating air conditioning or other system or appliance other than a sump system including its related equipment and parts that is located on the described premises and contains water or steam and Insurance Services Office Inc. 2016 CP 10300917 Page 10 of 10 | 2 |
COMMERCIAL PROPERTY CP 01 40 07 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements that comprise this Coverage Part or Policy includ ing but not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income extra expense or action of civil authority. B. We will not pay for loss or damage caused by or resulting from any virus bacterium or other micro organism that induces or is capable of inducing physical distress illness or disease. However this exclusion does not apply to loss or damage caused by or resulting from fungus wet rot or dry rot. Such loss or damage is addressed in a separate exclusion in this Coverage Part or Pol icy. C. With respect to any loss or damage subject to the exclusion in Paragraph B. such exclusion super sedes any exclusion relating to poliutants D. The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria 1. Exclusion of Fungus Wet Rot Dry Rot And Bacteria and 2. Additional Coverage Limited Coverage for Fungus Wet Rot Dry Rot And Bacteria in cluding any endorsement increasing the scope or amount of coverage. The terms of the exclusion in Paragraph B. or the inapplicability of this exclusion to a particular loss do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. D. The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria 1. Exclusion of Fungus Wet Rot Dry Rot And Bacteria and 2. Additional Coverage Limited Coverage for Fungus Wet Rot Dry Rot And Bacteria in cluding any endorsement increasing the scope or amount of coverage E. The terms of the exclusion in Paragraph B. or the inapplicability of this exclusion to a particular loss do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. CP 01 40 07 06 IS0 Properties Inc. 2006 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEWLY ACQUIRED PROPERTY AT DESCRIBED PREMISES This endorsement modifies insurance provided under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM The following is added to paragraph A.5. Coverage Extensions Ab5.a.2 YourBusiness Personal Property aiii. Business personal property that you newly acquire located at the described premises. CP4753 0113 | 2 |
Policy CLP 3 687 298 MANUSCRIPT ENDORSEMENT NOTICE OF CANCELLATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LTABILITY COVERAGE PART SCHEDULE NUMBER OF DAYS ADVANCE NOTICE 30 IF THIS POLICY IS CANCELLED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM OR WE MAKE A MATERIAL CHANGE THAT REDUCES OR RESTRICTS THE INSURANCE AFFORDED BY A COVERAGE PART OR POLICY EXCEPT FOR ANY REDUCTION N THE LIMITS OF INSURANCE DUE TO CLAIMS PAYMENTS WE WILL MAIL ADVANCE NOTICE TO ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE SUCH NOTICE BUT ONLY IF 1. THE AGENT OF RECORD SENDS A WRITTEN REQUEST TO US TO PROVIDE SUCH NOTICE INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION AND 2. WE RECEIVE SUCH WRITTEN REQUEST FROM THE AGENT OF RECORD INCLUDING NAME AND ADDRESS AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF ADVANCE NOTICE DAYS SHOWN ABOVE. ALL TERMS AND CONDITIONS OF THIS POLICY APPLY UNLESS MODIFIED BY THIS ENDORSEMENT. MAN CO 0102 NOTICE OF CANCELLATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LTABILITY COVERAGE PART SCHEDULE NUMBER OF DAYS ADVANCE NOTICE 30 IF THIS POLICY IS CANCELLED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM OR WE MAKE A MATERIAL CHANGE THAT REDUCES OR RESTRICTS THE INSURANCE AFFORDED BY A COVERAGE PART OR POLICY EXCEPT FOR ANY REDUCTION N THE LIMITS OF INSURANCE DUE TO CLAIMS PAYMENTS WE WILL MAIL ADVANCE NOTICE TO ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE SUCH NOTICE BUT ONLY IF 1. THE AGENT OF RECORD SENDS A WRITTEN REQUEST TO US TO PROVIDE SUCH NOTICE INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION AND 2. WE RECEIVE SUCH WRITTEN REQUEST FROM THE AGENT OF RECORD INCLUDING NAME AND ADDRESS AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF ADVANCE NOTICE DAYS SHOWN ABOVE. ALL TERMS AND CONDITIONS OF THIS POLICY APPLY UNLESS MODIFIED BY THIS ENDORSEMENT. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LTABILITY COVERAGE PART SCHEDULE NUMBER OF DAYS ADVANCE NOTICE 30 IF THIS POLICY IS CANCELLED FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM OR WE MAKE A MATERIAL CHANGE THAT REDUCES OR RESTRICTS THE INSURANCE AFFORDED BY A COVERAGE PART OR POLICY EXCEPT FOR ANY REDUCTION N THE LIMITS OF INSURANCE DUE TO CLAIMS PAYMENTS WE WILL MAIL ADVANCE NOTICE TO ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT TO PROVIDE SUCH NOTICE BUT ONLY IF 1. THE AGENT OF RECORD SENDS A WRITTEN REQUEST TO US TO PROVIDE SUCH NOTICE INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION AND 2. WE RECEIVE SUCH WRITTEN REQUEST FROM THE AGENT OF RECORD INCLUDING NAME AND ADDRESS AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF ADVANCE NOTICE DAYS SHOWN ABOVE. ALL TERMS AND CONDITIONS OF THIS POLICY APPLY UNLESS MODIFIED BY THIS ENDORSEMENT. | 2 |
Policy CLP 3 687 298 MANUSCRIPT ENDORSEMENT CANCELLATION NOTICE GOVERNMENTAL ENTITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NONRENEWAL TO DESIGNATED GOVERNMENTAL ENTITY POLICY NUMBER CLP 3 387 298 EFFECTIVE DATE 110119 EFFECTIVE HOUR IS THE SAME AS STATED ON THE INFORMATION PAGE OF THE POLICY NAMED INSURED AND ADDRESS CORING AND CUTTING SERVICES INC. 2711 SE QTIS CORLEY DR BENTONVILLE AR 72712 THIS POLICY IS SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS WHEN A NUMBER OF DAYS ARE SHOWN IN THE SCHEDULE FOR ANY OF THE BELOW PARTS A. IF THIS POLICY IS CANCELLED BY THE COMPANY OTHER THAN FOR NON PAYMENT OF PREMIUM OR IF COVERAGES OR LIMITS ARE REDUCED BELOW THE MINIMUM LEVEL CONTRACTUALLY REQUIRED BY THE GOVERNMENTAL ENTITY NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGE WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE AT LEAST THE NUMBER OF DAYS IN ADVANCE OF THE CANCELLATION EFFECTIVE DATE AS SHOWN IN PART A. B. IF THIS POLICY IS CANCELLED BY THE COMPANY FOR NON PAYMENT OF PREMIUM NOTICE OF SUCH CANCELLATION WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE WITHIN THE NUMBER OF DAYS NOTICE OF THE CANCELLATION EFFECTIVE DATE AS SHOWN IN PART B. C. IF THIS POLICY IS CANCELLED BY THE INSURED NOTICE OF SUCH CANCELLATION WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE WITHIN THE NUMBER OF DAYS NOTICE OF THE CANCELLATION EFFECTIVE DATE AS SHOWN IN PART C. D. IF THIS POLICY IS NONRENEWED BY THE COMPANY NOTICE OF SUCH NONRENEWAL WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE AT LEAST THE NUMBER OF DAYS IN ADVANCE OF THE NONRENEWAL EFFECTIVE DATE AS SHOWN IN PART D. IF NOTICE IS MAILED PROOF OF MAILING NOTICE TO THE GOVERNMENTAL ENTITY S MAILING ADDRESS AS SHOWN IN THE SCHEDULE WILL BE SUFFICIENT PROOF OF NOTICE. IF THE NUMBER OF DAYS NOTICE IN THE SCHEDULE FOR ANY PART IS LEFT BLANK OR IS SHOWN AS ZERO NO NOTICE WILL BE PROVIDED TO THE SCHEDULED GOVERNMENTAL ENTITY UNDER THAT PART. ANY NOTIFICATION RIGHTS PROVIDED BY THIS ENDORSEMENT APPLY ONLY TO ACTIVE GOVERNMENTAL ENTITYIES WHO WERE ISSUED A CERTIFICATE OF INSURANCE APPLICABLE TO THIS POLICY S TERM. FAILURE TO PROVIDE SUCH NOTICE TO THE GOVERNMENTAL ENTITYIES WILL MAN CO 0102 CANCELLATION NOTICE GOVERNMENTAL ENTITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NONRENEWAL TO DESIGNATED GOVERNMENTAL ENTITY POLICY NUMBER CLP 3 387 298 EFFECTIVE DATE 110119 EFFECTIVE HOUR IS THE SAME AS STATED ON THE INFORMATION PAGE OF THE POLICY NAMED INSURED AND ADDRESS CORING AND CUTTING SERVICES INC. 2711 SE QTIS CORLEY DR BENTONVILLE AR 72712 THIS POLICY IS SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS WHEN A NUMBER OF DAYS ARE SHOWN IN THE SCHEDULE FOR ANY OF THE BELOW PARTS A. IF THIS POLICY IS CANCELLED BY THE COMPANY OTHER THAN FOR NON PAYMENT OF PREMIUM OR IF COVERAGES OR LIMITS ARE REDUCED BELOW THE MINIMUM LEVEL CONTRACTUALLY REQUIRED BY THE GOVERNMENTAL ENTITY NOTICE OF SUCH CANCELLATION OR REDUCTION IN COVERAGE WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE AT LEAST THE NUMBER OF DAYS IN ADVANCE OF THE CANCELLATION EFFECTIVE DATE AS SHOWN IN PART A. B. IF THIS POLICY IS CANCELLED BY THE COMPANY FOR NON PAYMENT OF PREMIUM NOTICE OF SUCH CANCELLATION WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE WITHIN THE NUMBER OF DAYS NOTICE OF THE CANCELLATION EFFECTIVE DATE AS SHOWN IN PART B. C. IF THIS POLICY IS CANCELLED BY THE INSURED NOTICE OF SUCH CANCELLATION WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE WITHIN THE NUMBER OF DAYS NOTICE OF THE CANCELLATION EFFECTIVE DATE AS SHOWN IN PART C. D. IF THIS POLICY IS NONRENEWED BY THE COMPANY NOTICE OF SUCH NONRENEWAL WILL BE PROVIDED TO THE GOVERNMENTAL ENTITY IN THE SCHEDULE AT LEAST THE NUMBER OF DAYS IN ADVANCE OF THE NONRENEWAL EFFECTIVE DATE AS SHOWN IN PART D. IF NOTICE IS MAILED PROOF OF MAILING NOTICE TO THE GOVERNMENTAL ENTITY S MAILING ADDRESS AS SHOWN IN THE SCHEDULE WILL BE SUFFICIENT PROOF OF NOTICE. IF THE NUMBER OF DAYS NOTICE IN THE SCHEDULE FOR ANY PART IS LEFT BLANK OR IS SHOWN AS ZERO NO NOTICE WILL BE PROVIDED TO THE SCHEDULED GOVERNMENTAL ENTITY UNDER THAT PART. ANY NOTIFICATION RIGHTS PROVIDED BY THIS ENDORSEMENT APPLY ONLY TO ACTIVE GOVERNMENTAL ENTITYIES WHO WERE ISSUED A CERTIFICATE OF INSURANCE APPLICABLE TO THIS POLICY S TERM. FAILURE TO PROVIDE SUCH NOTICE TO THE GOVERNMENTAL ENTITYIES WILL | 2 |
Policy CLP 3 687 298 MANUSCRIPT ENDORSEMENT CANCELLATION NOTICE GOVERNMENTAL ENTITY NOT AMEND OR EXTEND THE DATE THE CANCELLATION BECOMES EFFECTIVE NOR WILL IT NEGATE CANCELLATION OF THE POLICY. FAILURE TO SEND NOTICE SHALL IMPOSE NO LIABILITY OF ANY KIND UPON THE COMPANY OR ITS AGENTS OR REPRESENTATIVES. NOTICE OF CANCELLATION OR NONRENEWAL TO DESIGNATED GOVERNMENTAL ENTITY CONT. SCHEDULE NUMBER OF DAYS NOTICE PART A 30 PART B 10 PART C 30 PART D 30 NAME AND MAILING ADDRESS OF GOVERNMENTAL ENTITY ON FILE WITH THE AGENT OF RECORD POLICY EXPIRATION DATE 110120 MAN CO 0102 CANCELLATION NOTICE GOVERNMENTAL ENTITY NOT AMEND OR EXTEND THE DATE THE CANCELLATION BECOMES EFFECTIVE NOR WILL IT NEGATE CANCELLATION OF THE POLICY. FAILURE TO SEND NOTICE SHALL IMPOSE NO LIABILITY OF ANY KIND UPON THE COMPANY OR ITS AGENTS OR REPRESENTATIVES. NOTICE OF CANCELLATION OR NONRENEWAL TO DESIGNATED GOVERNMENTAL ENTITY CONT. SCHEDULE NUMBER OF DAYS NOTICE PART A 30 PART B 10 PART C 30 PART D 30 NAME AND MAILING ADDRESS OF GOVERNMENTAL ENTITY ON FILE WITH THE AGENT OF RECORD POLICY EXPIRATION DATE 110120 NOTICE OF CANCELLATION OR NONRENEWAL TO DESIGNATED GOVERNMENTAL ENTITY CONT. SCHEDULE NUMBER OF DAYS NOTICE PART A PART B PART C PART D 30 10 30 30 NAME AND MAILING ADDRESS OF GOVERNMENTAL ENTITY ON FILE WITH THE AGENT OF RECORD POLICY EXPIRATION DATE 110120 | 2 |
oo de e de e de de e e de e de e de e de e de e e de e e e de e e e de e e e e e e e e ok e e e e e e ok e e e e e ek THE POLICY PROVISIONS WITH THE INFORMATION PAGE AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THIS POLICY dedededededededede dededode ke dede de e e e de de de e de e de de e e de gk ke e de e de e e dede ke dedede g de e de e de e e e ek In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative 774 Chief Executive Officer Okigul g.O u a Secretary GU4846 0119 | 2 |
A EMC Insurance Companies EMCASCO INSURANCE COMPANY PRIOR POLICY 4D7 13 11 GENERAL LIABILITY DECLARATIONS POLICY PERIOD FROM 042814 TO 042815 NAMED INSURED PRODUTCER HEP INC. LOCKTON COMPANIES LLC 5831 S 58TH ST STE C 1015 N 98TH ST STE 101 LINCOLN NE 68516 3649 OMAHA NE 68114 2357 AGENT BB 8210 AGENT PHONE 402 970 6100 AGENCY BILL JACK H. STRUYK JR BUSINESS DESC PLUMBING CONTRACTOR INSURED IS CORPORATION LIMITS OF INSURANCE 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 ORGANIZATION GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 COVERAGES PROVIDETD PREMIUM PRODUCTS COMPLETED OPERATIONS 12094.00 OTHER THAN PRODUCTS COMPLETED OPERATIONS 7556.00 SEE ATTACHED SCHEDULE FOR LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED. REEWE MAR 14 200 DATE OF ISSUE 031314 BPP FORM CG7000A ED. 08 99 BPP 022714 003 LN 4D71311 1501 GENERAL LIABILITY DE POLICY PERIOD FROM 042814 TO 042815 s ST S mAR S Rt At sy e 5831 S 58TH ST STE C 1015 N 98TH ST STE 101 LINCOLN NE 68516 3649 OMAHA NE 68114 2357 AGENT BB 8210 AGENT PHONE 402 970 6100 o T Tt T EACH OCCURRENCE LIMIT 100000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 30000 MEDICAL EXPENSE LIMIT 500 PERSONAL AND ADVERTISING INJURY LIMIT 100000 GENERAL AGGREGATE LIMIT T T T T v 7 PRI T TN T R T AT T T TV R T T T AN PRODUCTS COMPLETED OPERATIONS 12094.00 OTHER THAN PRODUCTS COMPLETED OPERATIONS s 7556.00 r Uy R D LOCKTON | 2 |
A EMC Insurance Companies PAGE 2 EMCASCO INSURANCE COMPANY HEP INC FORMS APPLICABLE CG00010413 CG20110413 CG21471207 CG21760108 CG71050106 CG71910113 CG74291198 CG76270309 IL00210502 IL7130A0401 IL8576 0909 AUDIT PERIOD ANNUAL DATE OF ISSUE 031314 BPP EFF DATE CG04351207 CG2012 0413 CG2150 0413 CG22741001 CG71400106 CG72531296 CG75551013 CG76440209 IL02590907 IL7131A0401 042814 POLICY NUMBER 4D7 13 11 CG04370413 CG2034 0413 CG21671204 CG7001A1012 CG70031013 G71410590 CG72761008 G75830106 CG80810406 IL12010199 EXP DATE 042815 CG2010 CG2037 0413 0413 G21700108 CG74281198 CG75841008 G8254 1213 M CG7174.31013 IL70281005 IL8383.50108 IL8384A0108 FORM CG7000A ED. 08 99 BPP 022714 003 LN 4D71311 1501 EFF DATE 042814 EXP DATE l AUDIT PERIOD ANNUAL | 2 |
A EMCInsurance Companies EMCASCO INSURANCE COMPANY INSTALLMENT PREMIUM PAYMENT SCHEDULE R oL T R POLICY NUMBER POLICY PERIOD 04282014 TO 04282015 4D7 13 11 15 s N NAMED INSURED PRODUCER HEP INC.. LOCKTON COMPANIES LLC. 1015 N 98TH ST STE 101 5831 S 58TH ST STE C.. OMAHA NE. LINCOLN NE.. 68114 2357 68516 3649 AGENT NO. BB8210 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS DUE DATE AMOUNT 092814 102814 THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE DATE OF ISSUE 03132014 FORM IL7007A ED.03 86 03132014 003 LN 4D71311 15001 INSTALLMENT PREMIUM PAYMENT SCHEDULE Fo e POLICY NUMBER POLICY PERIOD 04282014 TO 04282015 4D7 13 11 15 NAMED INSURED HEP INC.. LOCKTON COMPANIES LLC. 1015 N 98TH ST STE 101 5831 S 58TH ST STE C. OMAHA NE. LINCOLN NE.. 68114 2357 68516 3649. AGENT NO. BB8210 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS i SCHEDULE 1 DUE DATE AMOUNT THIS INSTALLMENT SCHEDULE WILL NOT BE REVISED BY ANY FUTURE ENDORSEMENT RESULTING IN PREMIUM CHANGES UNLESS APPROVED BY THE COMPANY. PLACE OF ISSUE OMAHA NE ey e ST STE 101 THE ADVANCE ESTIMATED PREMIUM WILL BE DUE AS FOLLOWS DUE DATE AMOUNT | 2 |
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