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DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER I660 4H356070 IND21 This Schedule applies to the Declarations for the period of 07 01 21 to 07 01 22 It shows all of your known rating classes as of the effective date. Any except ions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS PREM OPS 234 LOB 250 234 250 1 1 BUILDINGS OR PREMISES BANK OR OFFICE MERCANTILE OR MANUFACTURING LESSOR S RISK ONLY OTHER THAN NOT FOR PROFIT PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT. 61212 PREM OPS A 22563 74.546 1682 COVERAGE PART TOTAL 1682 nan nan nan nan 1.0 This class is subject to the prem ops transition program. j If an X is entered in this box these Declarations are completed on the Premium Schedule Extension CG T0 12. CG T0 07 09 87 PAGE 1 END | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense p Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number o f rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. Copyright The Travelers Indemnity Company 2003 Page 10of 1 CG T0 08 1103 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CGT1000219 SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions...... Coverage B Personal and Advertising Insuring Agreement.. Injury Liability Exclusions...... Coverage C Medical Payments Insuring Agreement Exclusions...... Supplementary Payments... SECTION Il WHO IS AN INSURED SECTION Ill LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy...... Duties In The Event Of Occurrence Offense Claim Or Suit. Legal Action Against Us Other Insurance. Premium Audit Representations. Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew...... SECTION V DEFINITIONS.... TABLE OF CONTENTS CO 11 U0 Uc 19 SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement.... Damage Liability Exclusions 2 Coverage B Personal and Advertising Insuring Agreement... 6 Injury Liability Exclusions 6 Coverage C Medical Payments Insuring Agreement... 9 Exclusions 9 Supplementary Payments ECTION Il WHO IS AN INSURED... ECTION Ill LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us.. Other Insurance. Premium Audit Representations... Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS Beginning on Page Coverage A Bodily Injury and Property Damage Liability Coverage B Personal and Advertising Injury Liability Coverage C Medical Payments Insuring Agreement... Exclusions Insuring Agreement... Exclusions Insuring Agreement... CGT0340219 | 2 |
COMMERCIAL GENERAL LIABILITY 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 COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or 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. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 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. Page 1 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
COMMERCIAL GENERAL LIABILITY Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply 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 that the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property damage provided that 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 attomeys 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. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 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 Page 2 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY is used to heat cool or dehumidify the building or produced by or originating from equipment that is used to heat water for personal use by the building s occupants or their guests Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an 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 If such pollutants are or were at any time transported handled stored treated disposed of or processed as waste by or for i Anyinsured or ii Any person or organization for whom you may be legally responsible 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 Iubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are or were at any time performing operations to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Page 3 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY b Claim or suit by or on behalf of any governmental authority or any other person or organization 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. 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 50 feet long or less and b Not being used to carry any person or property for a charge 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 C Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 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 as mobile equipment under the definition of mobile equipment if such land vehicle 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 f.3 of the definition of mobile equipment or 6 An aircraft that is a Chartered with a pilot to any insured b Not owned by any insured and c Not being used to carry any person or property for a charge. 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. War Bodily injury or property damage arising 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured Page 4 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 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 premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Section Ill Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. Asbestos 1 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing asbestos provided that the bodily injury or property damage is caused or contributed to by the hazardous properties of asbestos. Page 5 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any bodily injury or property damage described in Paragraph 1 above. 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 asbestos asbestos fibers or products containing asbestos or b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products containing asbestos. Employment Related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that employment or c Employment related practice policy act or omission such as coercion person s demotion evaluation reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprisonment applied to or directed at that person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time of that person s employment 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 Paragraph a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the bodily injury. Exclusions c. through n. do not apply to premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement 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 Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Page 6 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY This exclusion does not apply to personal injury caused by malicious prosecution. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Or Used Prior To Policy Period 1 Personal and advertising injury arising out of oral or written publication including publication by electronic means of material whose first publication took place before the beginning of the policy period or 2 Advertising injury arising out of infringement of copyright title or slogan in your advertisement whose first infringement in your advertisement was committed 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 1 That the insured would have in the absence of the contract or agreement or 2 Because of personal injury assumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that a Liability to such party for or for the cost of that party s defense has also been assumed by you in the same insured contract and b Such attomeys 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. Breach Of Contract Advertising injury arising out of a breach of contract. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Intellectual Property Personal and advertising injury arising out of any actual or alleged infringement or violation of any of the following rights or laws or any other personal and advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or violation of another s copyright title or slogan in your advertisement or 2 Any other personal and advertising injury alleged in any claim or suit that also alleges any such infringement or violation of another s copyright title or slogan in your advertisement. Insureds In Media And Internet Type Businesses Personal and advertising injury caused by an offense committed by an insured whose business is 1 Advertising broadcasting or publishing Page 7 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing correspondence written in the conduct of your business bulletins financial or annual reports or newsletters about your goods products or services will not be considered the business of publishing and 2 The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publishing. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts or owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up 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 any governmental authority or any other person or organization 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. War Personal and advertising injury arising 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Unsolicited Communication Personal and advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. Asbestos 1 Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing asbestos provided that the personal and advertising injury is caused or contributed to by the hazardous properties of asbestos. Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any personal and advertising injury described in Paragraph 1 above. 3 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 Page 8 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY assess the effects of asbestos asbestos fibers or products containing asbestos or Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products containing asbestos. b Employment Related Practices Personal 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 practice policy act or omission such as coercion demotion evaluation reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprisonment applied to or directed at that person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the personal injury. COVERAGE C MEDICAL PAYMENTS Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. Page 9 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the 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 wil be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverages Coverage A Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section Coverages Coverage B Personal And Advertising Injury Liability such payments will not be deemed to be damages for bodily injury property damage or personal injury 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 SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend All expenses we incur. Up to 2500 for 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. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been Page 10 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses 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. 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 liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 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. 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 injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c 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 1 or b above or Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services Paragraphs 1a. b c and d above do not apply to bodily injury arising out of providing or failing to provide first aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or volunteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. b d Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Page 11 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 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. e. Any person or organization that with your express or implied consent either uses or is responsible for the use of a watercraft that you do not own that is 1 50 feet long or less and 2 Not being used to carry any person or property for a charge. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and of which you are the sole owner or in which you maintain an ownership interest of more than 50 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 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section Il Who Is An Insured each such organization will be deemed to be designated in the Declarations as a. An organization other than a partnership joint venture or limited liability company or b. Atrust as indicated in its name or the documents that govern its structure. Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following provisions a. The limits of insurance provided to such premises owner manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such premises owner manager or lessor does not apply to 1 Any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after you cease to be a tenant in that premises or Structural alterations new construction or demolition operations performed by or on behalf of such premises owner manager or lessor. 5. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Is caused in whole or in part by your acts or omissions in the maintenance operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership joint Page 12 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section Il Who Is An Insured. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal injury and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide first aid or Good Samaritan services to any one person will be deemed to be one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of premises damage to any one premises. The Damage To Premises Rented To You Limit will be a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part or b. 300000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit most we will pay ught or making claims or 5 the most we will pay overage C A except damages or property damage completed operations B. perations Aggregate inder Coverage A for Page 13 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 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 C 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. 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. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an occurrence or offense. 2 If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known by a Any individual who is A partner or member of any partnership or joint venture ii A manager of any limited liability company iii An executive officer or director of any other organization or iv A trustee of any trust that is your partner joint venture member manager or trustee or b Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an occurrence or offense. Notice to us of such occurrence or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as practicable after any of the persons described in Paragraph e.1 or 2 above discovers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. However if this policy includes an endorsement that provides limited coverage for bodily injury or property damage or pollution costs arising out of a discharge release or escape of pollutants which contains a requirement that the discharge release or escape of pollutants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part 3 a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Page 14 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Other Insurance If valid and collectible other 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 described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company i Us or any of our affiliated insurance companies except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Il Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section Ill Limits of Insurance applies because the Amendment Non Cumulaton Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy iii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph c. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below except when Paragraph d. below applies. b. Excess Insurance 1 This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work 3 4 i That is insurance for premises damage i If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft autos or watercraft iv That is insurance available to a premises owner manager or lessor that qualifies as an insured under Paragraph 4. of Section Il Who Is An Insured except when Paragraph d. below applies or That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section Il Who Is An Insured except when Paragraph d. below applies. Any of the other insurance whether primary excess contingent or on any other basis that is available to the insured when the insured is an additional insured or is any other insured that does not qualify as a named insured under such other insurance. 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. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and The total of all deductible and self insured amounts under all that other insurance. v b b 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. Page 15 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured and we will not share with that other insurance provided that 1 The bodily injury or property damage for which coverage is sought occurs and 2 The personal and advertising injury for which coverage is sought is caused by an offense that is committed subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based representations you made to us and c. We have issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 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. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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. upon 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 websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Advertising injury a. Means injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged 2 Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means a. Physical harm including sickness or disease sustained by a person or b. Mental anguish injury or illness or emotional distress resulting at any time from such physical harm sickness or disease. Broadcasting means transmitting any audio or visual material for any purpose a. By radio or television or b. In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instructional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of 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. 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. 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. written publication including on by electronic means of material advertisement that ropriates a person s name voice ograph or likeness or asonably places a person in a light or nent of copyright title or slogan advertisement provided that the made or the suit is brought by a or organization that claims ip of such copyright title or dily injury caused by one or more ses described in Paragraph a. tor vehicle trailer or semitrailer travel on public roads including machinery or equipment or and vehicle that is subject to a or financial responsibility law or vehicle insurance law where it is rincipally garaged. does not include mobile ans m including sickness or disease aperson or ish injury or illness or emotional sulting at any time from such 1 icknese or diceace 2 3 provic dama the te settler Elect progr transr syster disks proce used Emp does Page 17 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 10. Good Samaritan services means any emergency 11. 12. 13. medical services for which no compensation is demanded or received. Hostile fire means a fire which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract 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 premises damage 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 d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal injury to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 2 above and supervisory inspection architectural or engineering activities. 14. Leased worker means a person leased to you by a 15. 16. 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. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads Page 18 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 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 vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. 17. Occurrence means a. An accident including continuous or repeated exposure to substantially the same general harmful conditions or 18. 19. b. An act or omission committed in providing or failing to provide first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. Personal and advertising injury means personal injury or advertising injury. Personal injury b. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 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 provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises 4 Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 20. 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. Page 19 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 21. Premises damage means a. With respect to the first paragraph of the exceptions in Exclusion j. of Section I Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of seven or fewer consecutive days including the contents of such premises or With respect to the exception to Exclusions c. through n. in the last paragraph of Paragraph 2. of Section Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of more than seven consecutive days or while temporarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 4 Smoke resulting from fire explosion or lightning or 5 Water. But premises damage under this Paragraph b. does not include property damage to any premises caused by Lightning 1 Rupture bursting or operation of pressure relief devices 2 Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water or Explosion of steam boilers steam pipes steam engines or steam turbines. 22. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your b. 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. c 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 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The uninstalled existence of tools equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 23. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will 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 will 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. 24. Slogan b. Means a phrase that others use for the purpose of attracting attention in their advertising. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. Page 20 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 25. 26. 27. 28. 29. 30. 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. 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. Title means a name of a literary or artistic work. Unsolicited communication means any communication in any form that the recipient of such communication did not specifically request to receive. 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. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by 31. 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. 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. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work 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. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 21 of 21 CG T1000219 2017 The Travelers Indemnity Company. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION REAL ESTATE DEVELOPMENT ACTIVITIES COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Real Estate Development Activities Bodily injury or property damage included in the products completed operations hazard and arising out of any real estate development activities by or on behalf of any insured. The following is added to Paragraph b.3 of the definition of products completed operations hazard in the DEFINITIONS Section However this Paragraph 3 does not apply to any real estate development activities by or on behalf of any insured. The following is added to the DEFINITIONS Section Real estate development activities a. Means the design site preparation construction marketing or sales of residential commercial or industrial buildings. b. Does not include repair maintenance renovation alteration or addition to an existing building owned by the Named Insured. Page 1 of 1 CGD2370219 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However coverage for any injury damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A. Who Is An Insured Unnamed Subsidiaries B. Who Is An Insured Employees And Volunteer Workers Bodily Injury To Co Employees And Co Volunteer Workers C. Who Is An Insured Newly Acquired Or Formed Limited Liabil ity Companies D. Blanket Additional Insured Persons Or Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement E. Blanket Additional Insured Broad Form Vendors F. Blanket Additional Insured Controlling Interest PROVISIONS A. WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION Il WHO IS AN INSURED Any of your subsidiaries other than a partnership or joint venture that is not shown as a Named Insured in the Declarations is a Named Insured if a. You are the sole owner of or maintain an ownership interest of more than 50 in such subsidiary on the first day of the policy period and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for bodily injury or property damage that occurred or personal and advertising injury caused by an offense committed a. Before you maintained an ownership interest of more than 50 in such subsidiary or b. After the date if any during the policy period that you no longer maintain an ownership interest of more than 50 in such subsidiary.. Blanket Additional Insured Mortgagees Assignees Successors Or Receivers Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Premises Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Operations Blanket Additional Insured Grantors Of Franchises Incidental Medical Malpractice Blanket Waiver Of Subrogation For purposes of Paragraph 1. of Section Il Who Is An Insured each such subsidiary wil be deemed to be designated in the Declarations as a. A limited liability company An organization other than a partnership joint venture or limited liability company or c. Atrust as indicated in its name or the documents that govern its structure.. WHO IS AN INSURED EMPLOYEES AND VOLUNTEER WORKERS BODILY INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraphs 1a b and c above do not apply to bodily injury to a coemployee while in the course of the coemployee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. G. Blanket Additional Insured Mortgagees Assignees Successors Or Receivers H. Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Premises I. Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Operations J. Blanket Additional Insured Grantors Of Franchises K. Incidental Medical Malpractice L. Blanket Waiver Of Subrogation For purposes of Paragraph 1. of Section Il Who Is An Insured each such subsidiary wil be deemed to be designated in the Declarations as a. A limited liability company An organization other than a partnership joint venture or limited liability company or c. Atrust as indicated in its name or the documents that govern its structure. B. WHO IS AN INSURED EMPLOYEES AND VOLUNTEER WORKERS BODILY INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraphs 1a b and c above do not apply to bodily injury to a coemployee while in the course of the coemployee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. Page 1 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY C. WHO IS AN INSURED NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES 1. The following replaces the first sentence of Paragraph 3. of SECTION Il WHO IS AN INSURED Any organization you newly acquire or form other than a partnership or joint venture and of which you are the sole owner or in which you maintain an ownership interest of more than 50 will qualify as a Named Insured if there is no other similar insurance available to that organization. 2. The following replaces the last sentence of Paragraph 3. of SECTION Il WHO IS AN INSURED For the purposes of Paragraph 1. of Section Il Who Is An Insured each such organization will be deemed to be designated in the Declarations as a. A limited liability company b. An organization other than a partnership joint venture or limited liability company or c. Atrust as indicated in its name or the documents that govern its structure. D. BLANKET ADDITIONAL INSURED PERSONS OR ORGANIZATIONS FOR YOUR ONGOING OPERATIONS AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Partis an insured but only with respect to liability for bodily injury or property damage that a. Occurs subsequent to the signing of that contract or agreement and b. Is caused in whole or in part by your acts or omissions in the performance of your ongoing operations to which that contract or agreement applies or the acts or omissions of any person or organization performing such operations on your behalf. The limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. E. BLANKET ADDITIONAL INSURED BROAD FORM VENDORS The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury or property damage that a. Occurs subsequent to the signing of that contract or agreement and b. Arises out of your products that are distributed or sold in the regular course of such vendor s business. The insurance provided to such vendor is subject to the following pro visions a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such vendor does not apply to 1 Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you 2 Any change in your products made by such vendor 3 Repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container 4 Any failure to make such inspections adjustments tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business in connection with the distribution or sale of your products 5 Demonstration installation servicing or repair operations except such operations performed at such vendor s premises in connection with the sale of your products or 6 Your products that after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or on behalf of such vendor. Page 2 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY Coverage under this provision does not apply to a. Any person or organization from whom you have acquired your products or any ingredient part or container entering into accompanying or containing such products or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION Il WHO IS AN INSURED Any person or organization that has financial control of you is an insured with respect to liability for bodily injury property damage or personal and advertising injury that arises out of a. Such financial control or b. Such person s or organization s ownership maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION Il WHO IS AN INSURED This paragraph does not apply to any premises owner manager or lessor that has financial control of you. BLANKET ADDITIONAL INSURED MORTGAGEES ASSIGNEES SUCCESSORS OR RECEIVERS The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a mortgagee assignee successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to its liability as mortgagee assignee successor or receiver for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of the premises for which that mortgagee assignee successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee assignee successor or receiver is subject to the following provisions a. The limits of insurance provided to such mortgagee assignee successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such person or organization does not apply to 1 Any bodily injury or property damage that occurs or any personal and advertising injury caused by an offense that is committed after such contract or agreement is no longer in effect or Any bodily injury property damage or personal and advertising injury arising out of any structural alterations new construction or demolition operations performed by or on behalf of such mortgagee assignee successor or receiver. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION Il WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by or rented or loaned to you and that you are required by any ordinance law building code or written contract or agreement to include as an additional insured on this Coverage Partis an insured but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of the existence ownership use maintenance repair construction erection or removal of any of the following for which that governmental entity has issued such permit or authorization advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults elevators street banners or decorations. 2 Page 3 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY The following replaces the last paragraph of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Unless you are in the business or occupation of providing professional health care services Paragraphs 1a b c and d above do not apply to bodily injury arising out of providing or failing to provide a Incidental medical services by any of your employees who is a nurse nurse assistant emergency medical technician paramedic athletic trainer audiologist dietician nutritionist occupational therapist or occupational therapy assistant physical therapist or speech language pathologist or b First aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or volunteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. The following replaces the last sentence of Paragraph 5. of SECTION Ill LIMITS OF INSURANCE For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to any one person will be deemed to be one occurrence. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals Bodily injury or property damage arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. I. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION Il WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance law building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of such operations. The insurance provided to such govemmental entity does not apply to a. Any bodily injury property damage or personal and advertising injury arising out of operations performed for the govemmental entity or b. Any bodily injury or property damage included in the products completed operations hazard. J. BLANKET ADDITIONAL INSURED GRANTORS OF FRANCHISES The following is added to SECTION Il WHO IS AN INSURED Any person or organization that grants a franchise to you is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured the limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. K. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of occurrence in the DEFINITIONS Section b. An act or omission committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. Page 4 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS Section Incidental medical services means a. Medical surgical dental laboratory x ray or nursing service or treatment advice or instruction or the related furnishing of food or beverages or b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. The following is added to Paragraph 4.b. Excess Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to any of your employees for bodily injury that arises out of providing or failing to provide incidental medical services to any person to the extent not subject to Paragraph 2.a.1 of Section Il Who Is An Insured. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS If the insured has agreed in a contract or agreement to waive that insured s right of recovery against any person or organization we waive our right of recovery against such person or organization but only for payments we make because of a. Bodily injury or property damage that occurs or b. Personal and advertising injury caused by an offense that is committed subsequent to the execution of the contract or agreement. Page 5 of 5 CG D1860219 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY and NON CUMULATION OF PERSONAL and ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Paragraph 5 of SECTION Ill LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such occur rence. 2. Paragraph 4 of SECTION Il LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. Copyright Travelers Indemnity Company 1997 Page 1 of 1 CG D203 1297 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage 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 inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contrib uted 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 treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal injury or advertising injury which would not have taken place in whole or in part but for the actual al leged or threatened inhalation of inges tion of contact with exposure to exis tence of or presence of any fungi or bacteria on or within a building or struc ture including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity.. The following definition is added to the Defini tions Section Fungi means any type or form of fungus in cluding mold or mildew and any mycotoxins spores scents or byproducts produced or re leased by fungi. Copyright The Travelers Indemnity Company 2002 Includes copyrighted material of Insurance Services Office Page 10of 1 CG D243 0102 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. 2. The following replaces Para graph 2 of Exclusion b. Contractual Liability in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Assumed by you in a contract or agreement that is an insured contract provided that the bodily injury or property damage occurs subsequent to the execut ion of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract rea sonable attorney fees and nece ssary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property dam age provided that a Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are al leged. The following replaces the beginning of Para graph 2. and Paragraphs 2.a. b. c. d. and e. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION COVERAGES 2. If we defend you against a suit and your in demnitee is also named as a party to the suit we will have the right and duty to de fend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which you have assumed the liability of the indemnitee in a contract or agreement that is an insured con tract b. This insurance applies to such liability as sumed by you c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by you in the same in sured contract d. The allegations in the suit and the in formation we know about the occur rence or offense are such that we de termine that no conflict exists between your interests and the interests of the in demnitee e. You and the indemnitee ask us to con duct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend you and the inde mnitee and The following replaces the last sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B of SEC TION COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. Page 1 of 1 CG D4 2107 08 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial protection law or any other bodily in jury or property damage alleged in any claim or suit that also alleges any such violation. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a con sumer financial protection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. The following is added to the DEFINITIONS Section Consumer financial identity information means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person s eligibil ity for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expi ration date or the balance of any credit debit bank or other financial account. b. Information bearing on a person s credit worthiness credit standing or credit capac ity. c. Social security number. d. Drivers license number. e. Birth date. Consumer financial protection law means a. The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transactions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or c. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribution or use of con sumer financial identity information. Page 10of 1 CG D6 1810 11 2011 The Travelers Indemnity Company. All rights reserved | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Discrimination Bodily injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrimination under federal state or local law. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Discrimination Personal injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrimination under federal state or local law. Page 1of 1 CGD1420219 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION AIRCRAFT PRODUCTS AND GROUNDING This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of either SECTION COVER AGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROP ERTY DAMAGE LIABILITY whichever section is included in the Coverage Part Aircraft Products And Grounding Bodily injury or property damage included within the products completed operations haz rd and arising out of any aircraft product or the grounding of any aircraft. The following is added to the DEFINITIONS Sec tion Aircraft product means a. Aircraft including missile or spacecraft and any ground support or control equipment used with any aircraft missile or spacecraft b. Any of your products manufactured for used in connection with or incorporated into aircraft aircraft parts aircraft equipment or aircraft accessories including ground han dling tools and equipment c. Any of your products used for the purpose of guidance navigation or direction of aircraft whether an aircraft is in flight or on the ground or d. Training aids navigation charts navigation aids manuals blueprints engineering or other data or advice services and labor relat ing to such aircraft or products. Grounding means the withdraw al of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such air craft by reason of the actual alleged or sus pected existence of any defect fault or condition in such aircraft or any part thereof a. Sold handled or distributed by the insured or b. Manufactured assembled or processed by any other person or organization 1 According to specifications plans sug gestions orders or drawings of the in sured or 2 With tools machinery or other equipment furnished to such persons or organiza tions by the insured whether such aircraft so withdrawn or restricted are owned or operated by the same or different persons or organizations. Page 10of 1 CGT3230811 2011 The Travelers Indemnity Company. Al rights reserved | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES DEFINITION OF POLLUTANTS 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 PROVISIONS The definition of pollutants in the DEFINITIONS Section of this Coverage Part or in any endorsement to this Coverage Part is replaced by the following Pollutants means any solid liquid gaseous or ther mal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Pol lutants includes Petroleum or petroleum derivatives gasoline fu els lubricants and their respective additives and individual chemical components including ben zene and toluene Chlorinated and halogenated solvents including tetrachloroethy lene PCE or PERC trichloro ethylene TCE trichloroethane TCA and vinyl chloride and their degradation products Coal tar manufactured gas plant MGP byprod ucts and polynuclear aromatic hydrocarbons PAHSs phenols and polychlorinated biphenyls PCBs and Organic and inorganic pesticides and inorganic contaminants including arsenic barium beryl lium lead cadmium chromium and mercury. This definition of pollutants applies regardless of whether 4. The irritant or contaminant type or source of the irrit volved in the claim or su fied or described in this de from manufacturing operat The irritant or contaminan tion in any of the insured premises sites or location i PERC for a dry cleanin ii TCE or any of the o examples of pollutant greasing operations The irritant or contamina source of potentia liability gasoline or any of the o examples of pollutants ir line station or The insured expects or contaminant to be a pollute Waste includes materials to tioned or reclaimed. 4. The irritant or contaminant or the particular form type or source of the irritant or contaminant in volved in the claim or suit is specifically identi fied or described in this definition such as waste from manufacturing operations The irritant or contaminant has or had any func tion in any of the insured s business operations premises sites or locations such as i PERC for a dry cleaning business or ii TCE or any of the other items included as examples of pollutants in b. above for de greasing operations The irritant or contaminant represents a major source of potentia liability for the insured such as gasoline or any of the other items included as examples of pollutants in a. above for a gaso line station or The insured expects or considers the irritant or contaminant to be a pollutant. Waste includes materials to be recycled recondi tioned or reclaimed. Page 1 of 1 CG F2 50 09 08 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DUTIES IN EVENT OF AN OCCURRENCE OFFENSE CLAIM OR SUIT CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The last paragraph of Paragraph 2.e. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted. Page 1 of 1 CGF9340219 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 1.a. of Coverage C Medical Payments is replaced by the following 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. However expenses reported to us after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. Insurance Services Office Inc. 2012 Page 1of 1 CG 26500413 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION WHEN TWO OR MORE POLICIES APPLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Provisions 1. Injury damage or loss might be covered by this policy and also by other policies issued to you by us or any Travelers affiliate. When these other policies contain a provision similar to this one the amount we will pay is limited. The maximum that we will pay under all such policies combined is the highest limit that applies in any one of these policies. This does not apply to any personal liability policy or to any Umbrella Excess or Protective Liability Policy. Copyright The Travelers Indemnity Company 2003 Page 10of 1 CG 13331103 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MISSOURI PROPERTY AND CASUALTY INSUR ANCE GUARANTY ASSOCIATION COVERAGE LIMITATIONS A. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the Association will pay claims cov ered under the Act if we become insolvent.. The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and af fect the amount of any payment. The following limita tions apply subject to all other provisions of the Act 1. Claims covered by the Association do not in clude a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. Payments made by the Association for cov ered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the applica ble limit of insurance of the policy from which a claim arises or 2 Return to an insured any unearned pre mium in excess of 25000. These limitations have no effect on the coverage we will provide under this policy. Page 1 of 1 CG 26 25 04 05 ISO Properties Inc. 2004 | 2 |
INTERLINE ENDORSEMENTS | 2 |
INTERLINE ENDORSEMENTS | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM CYBERFIRST GENERAL PROVISIONS FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOW FORM AND UMBRELLA LIABILITY INSURANCE EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commercial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Federal Government s share of compensation for such Insured Losses is 80 of the amount of such ILT3680121 2020 The Travelers Indemnity Company. Al rights reserved. Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. In no event however will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore if such Insured Losses occurring in a calendar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses the charge for such Insured Losses is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is the percentage of the premium for such coverage indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA 1. Page 10f 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi tions Prohibited Coverage Unlicensed Insurance 1. With respect to loss sustained by any insured or loss to any property located in a country or juris diction in which we are not licensed to provide this insurance this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdic tion. 2. We do not assume responsibility for a. The payment of any fine fee penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insur ance in such country or jurisdiction or b. T d tic in Prohibite tions We will p will provid ing such any of our 1. Any tr regulz Any o prohik b. The furnishing of certificates or other evi dence of insurance in any country or jurisdic tion in which we are not licensed to provide insurance. Prohibited Coverage Trade Or Economic Sanc tions We will provide coverage for any loss or otherwise will provide any benefit only to the extent that provid ing such coverage or benefit does not expose us or any of our affiliated or parent companies to 1. Any trade or economic sanction under any law or regulation of the United States of America or 2. Any other applicable trade or economic sanction prohibition or restriction. Page 1 of 1 ILT4120315 2014 The Travelers Indemnity Company. All rights reserved. | 2 |
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 BOILER AND MACHINERY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM CYBERFIRST GENERAL PROVISIONS FORM DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART EXCESS FOLLOW FORM AND UMBRELLA LIABILITY INSURANCE EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRAVELERS PROPERTY COVERAGE PART TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Coverage Part or Coverage Form included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended The following is added to this policy. This provision can limit coverage for any loss arising out of a certified act of terrorism if such loss is otherwise covered by this policy. This provision does not apply if and to the extent that coverage for the loss is excluded or limited by an exclusion or other coverage limitation for losses arising out of certified acts of terrorism in another endorsement to this policy. If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our insurer deductible under TRIA we will 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. ILT4140121 2020 The Travelers Indemnity Company. Al rights reserved. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism pursuant to TRIA. The criteria contained in TRIA 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 TRIA 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. TRIA means the federal Terrorism Risk Insurance Act of 2002 as amended. Page 10of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 1 ILT4140121 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL BENEFITS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following Condition is added to each Common Policy Conditions included in this policy Additional Benefits 1. From time to time we may offer or provide you or allow third parties to offer or provide you or another insured under this policy with goods and services such as devices equipment memberships subscriptions merchandise points rewards discounts gift cards redemption codes coupons vouchers airline miles special offers classes seminars or other items of value. 2. These Additional Benefits may be provided in any form. You or another insured under this policy may be eligible to receive additional benefits. You are Add Whil Ben the and mer serv oblig prov We Add auth othe are under no obligation to pursue any of these Additional Benefits. While we may arrange for these Additional Benefits the third party provider is liable to you or the other insured for the provision of the goods and services. We do not warrant the merchantability fitness or quality of any goods or services provided or assume any additional obligation related to any Additional Benefits provided. We have the right to modify or discontinue any Additional Benefits provided by us or third parties authorized by us without notice to you or any other insured. Page 10f 1 ILT427 0219 2019 The Travelers Indemnity Company. Al rights reserved. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indem nity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from 2 IS0 Properties Inc. 2007 hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Page 1 of 2 IL 00 21 09 08 | 2 |
the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore proc essed primarily for its source material content and b resulting from the operation by any per son or organization of any nuclear facility in cluded under the first two paragraphs of the defi nition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time Page 2 of 2 IS0 Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABIL ITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the Stan dard Property Policy CP 00 99 the term Com mercial Property Coverage Part in this endorse ment also refers to the Standard Property Policy.. With respect to the Commercial General Liability Coverage Part Commercial Property Legal Liability Coverage Form CP 00 40 Commercial Property Mortgageholders Errors And Omissions Coverage Form CP 00 70 Crime And Fidelity Coverage Part Employment Related Practices Liability Coverage Part Equipment Breakdown Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Pollution Liability Coverage Part Products Completed Operations Liability Cover age Part Medical Professional Liability Coverage Part the following Cancellation and Nonrenewal Pro visions apply Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Wemay cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the actual reason for cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium b. 30 days before the effective date of can cellation if cancellation is for one or more of the following reasons 1 Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this pol icy 2 Changes in conditions after the effec tive date of this policy which have materially increased the risk as sumed 3 We become insolvent or 4 We involuntarily lose reinsurance for this policy c. 60 days before the effective date of can cellation if we cancel for any other rea son. Nonrenewal The following is added and supersedes any pro vision to the contrary a. We may elect not to renew this policy by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonre newal stating the actual reason for non renewal at least 60 days prior to the ef fective date of the nonrenewal. Insurance Services Office Inc. 2012 Page 1 of 2 IL02740213 | 2 |
b. If notice is mailed proof of mailing will be sufficient proof of notice. C. With respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Coverage Form Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form Paragraphs 1. 2. 3. 4. and 6. of the Cancella tion Common Policy Condition are replaced by the following Cancellation Nonrenewal And Decreases In Coverage 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel nonrenew reduce in amount or adversely modify this policy by mailing or delivering to the first Named Insured written notice of this action at least a. 10 days before the effective date of this action if due to nonpayment of premium or evidence of incendiarism or b. 30 days before the effective date of this action if for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known tous. 4. Notice of a. Cancellation will state the effective date of cancellation. The policy period will end on that date. b. Any other action will state the effective date of that action. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. With respect to all Coverage Parts addressed in this endorsement Paragraph 5. of the Cancella tion Common Policy Condition is replaced by the following 5. Ifthis policy is cancelled we will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. The following provisions govern calculation of return pre mium a. We will compute return premium pro rata and round to the next higher whole dollar when this policy is 1 Cancelled by us or at our request 2 Cancelled because you no longer have a financial or insurable interest in the property or business operation that is the subject of this insurance 3 Cancelled but rewritten with us or in our company group or 4 Cancelled after the first year if it is a prepaid policy written for a term of more than one year. b. When this policy is cancelled at the re quest of the first Named Insured except when Paragraph a.2 a.3 or a.4 ap plies we will return 90 of the pro rata unearned premium or 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part rounded to the next higher whole dollar. However when such cancellation takes place dur ing the first year of a multiyear prepaid policy we will return the full annual pre mium for the subseq uent years. The refund will be less than 90 of the pro rata unearned premium or less than 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. Page 2 of 2 Insurance Services Office Inc. 2012 IL02740213 | 2 |
POLICYHOLDER NOTICES | 2 |
POLICYHOLDER NOTICES | 2 |
IMPORTANT NOTICE INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers please visit www.travelers.com call our toll free telephone number 1 866 904 8348 or request a written copy from Marketing at One Tower Square 2GSA Hartford CT 06183. Page 10of 1 PN T4 540108 | 2 |
IMPORTANT NOTICE POLICIES EXEMPT FROM FILING MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. This policy may include rates and forms which may not be filed with the Missouri Department of Insurance as permitted under section 379.321 RSMO however rates shall not be excessive inadequate or unfairly discriminatory. Page 10f 1 PN U372 03 20 2020 The Travelers Indemnity Company. Al rights reserved. | 2 |
IMPORTANT NOTICE CONTACT INFORMATION MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. Questions regarding your pol icy or coverage should be directed to your agent or us at Travelers One Tower Square Hartford CT 06183 800 328 2189 Travelers.com Page 10of 1 PN T2 04 05 10 | 2 |
IMPORTANT NOTICE SCHEDULE RATING MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. If you have any questions regarding any schedule rating changes please contact us or your agent as listed else where in the policy. Page 1 of 1 PN T0 4305 10 | 2 |
med james 00091 LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W 47TH ST SUITE 900 KANSAS CITY MO 64112 RE Policy SCP0S76883 MJ PERFORMING ARTS ACADEMY LLC WE ARE PLEASED TO ENCLOSE THE ABOVE REFERENCED POLICY. PLEASE READ THE POLICY CAREFULLY AND CONTACT US REGARDING INFORMATION THAT SHOULD BE ADDED REVISED OR DELETED. THANK YOU FOR THIS OPPORTUNITY TO BE OF SERVICE AND PLEASE CALL SHOULD YOU HAVE QUESTIONS OR IF WE CAN BE OF FURTHER ASSISTANCE. WE APPRECIATE YOUR BUSINESS SINCERELY CAROL MAUSLEIN CMAUSLEINMEDJAMES.COM MED JAMES INC SENT BY UNDERWRITING SERVICES DEPARTMENT PO Box 2014 Shawnee Mission KS 66201 Phone 913 663 5500 Fax 313 663 2014 | 2 |
COMMERCIAL POLICY DECLARATIONS Renewal of SCP0935687 SCP0976883 Policy Number Western Heritage Insarance Company P.0. BOX 5100 Scottsdale Arizona 85261 9200 E. Pima Ctr. Pkwy. Ste. 350 Scottsdale Arizona 85258 1 800 873 9442 A STOCK COMPANY ITEM 1. NAMED INSURED AND MAILING ADDRESS AGENT NAME AND ADDRESS MJ PERFORMING ARTS Med James 8715 BIG BEND BLVD WEBSTER GROVES MO 63119 P.O. Box 2014 Shawnee Mission KS 66201 1014 ACADEMY LLC Inc. 15010 Agent No ITEM 2. POLICY PERIOD From 01282014 To 01282015 1201 AM. Standard Time at the NAMED INSURED S mailing address. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PRE MIUM MAY BE SUBJECTED TO ADJUSTMENT. ITEM 3. Commercial Property Coverage Part. R NOT COVERED Commercial General Liability Coverage Part 1600 Professional Liability Coverage Form... INCLUDED Commercial Inland Marine Coverage Form NOT COVERED Garage Coverage Part............... R NOT COVERED THIS IS EVIDENCE OF INSURANCE PROCURED AND s DEVELO RS S S00RHSURALS LAWS. T IS NOT COVERED BY THE MISSOURI INSUR s ANCE GUARANTY ASSOCIATION THIS INSURER 1S NOT LICENSED BY THE STATE OF MISSOURI AND 1S NOT SUBJECT TOTT LICENSEE MED D JAMES Ili Premium Total 1600.00 LICENSEE TAXES 85.00 MED DAVID JAMES IIl BROKER FEE 100.00 P O BOX 2014 TOTAL 1785.00 SHAWNEE MISSION KS 66201 Endorsements Identify by form numbers and edition dates SEE SCHEDULE OF FORMS AND ENDORSEMENTS Audit Period Annual unless otherwise stated. ITEM 4. Named Insured is check one Oindividual O Partnership O Joint Venture O Trust B Limited Liability Company O Organization including a corporation other than Partnership Joint Venture Trust or Limited Liability Company IMPORTANT NOTICES TO POLICYHOLDER Please read carefully A Any misrepresentation or any concealment or fraud on the part of the Insured which misrepresentation concealment or fraud affects either the acceptance of the risk or the hazard assumed by the Company shall render this policy void B. Notice of all accidents or occurrences must immediately be given to Western Heritage Insurance Company whether or not such accidents or occurrences appear likely to involve this policy MINIMUM AND DEPOSIT PREMIUM 25 FULLY EARNED PREMIUM AT INCEPTION LS CM SCP0935687 We P.0O. BOX 510 9200 E. Pima Ctr. Pkwy SCP0976883 Policy Number ge any Arizona 85261 cottsdale Arizona 85258 2 8715 BIG BEND BLVD WEBSTER GROVES MO 63119 KS 66201 1014 02032014 DATE INSURED Agency at SHAWNEE MISSION KS WHI 20 0295a 02 08 | 2 |
Western Heritage insurance Company ATTACHED T0 AND MENT EFF T FORMING A PART OF ENDD.RSE ENTEFFECTIVE DATE NAMED INSURED AGENT NO POLICY NUMBER 1201 A.M STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. SCHEDULE OF FORMS AND ENDORSEMENTS WHI 20 0297 6 12 Commercial Policy Jacket WHI 20 0295a 2 08 Commercial Policy Declarations WHI 20 0399b 4 05 Schedule Of Forms and Endorsements COMMON FORMS IL 00 03 9 08 Calculation Of Premium IL 00 17 11 98 Common Policy Conditions IL 00 21 9 08 Nuclear Energy Excl WHI 20 0117 2 11 Service Of Suit WHI 20 0478 7 11 Amendment Of Common Policy Conditions GENERAL LIABILITY FORMS WHI 21 0296 10 11 General Liability Coverage Declarations WHI 21 0300 5 09 General Liab Supplemental Dec WHI 21 0147 11 10 Professional Liab Cov Form CcG 00 01 4 13 General Liab Cov CG 20 02 11 85 Al Club Members CG 21 01 11 85 Excl Athletic Sports Partic CcG 21 44 7 98 Designated Premises Limitation cG 21 67 12 04 Fungi Or Bacteria Excl cG 21 73 1 08 Exclusion Certified Acts Of Terrorism CG 21 96 3 05 Silica Or Silica Related Dust Excl cG 22 76 4 13 Prof Excl Health Clubs CcG 24 26 4 13 Amend Of Insured Contract Definition WHI 21 0160 4 00 Members Exclusion WHI 21 0194 12 12 Combined Special Prov Liab Ins WHI 21 0196 3 99 Sun Tanning Salon Exclusion WHI 21 0210 3 05 Sexual Molestation Physical Abuse Coverage WHI 21 0376 8 12 Assault Or Battery Exclusion WHI 21 0467 2 04 Non Stacking Of Limits Endt WHI 21 0486 8 12 Sexual And Or Physical Abuse Excl WHI 21 0490 8 05 Amendment Of Conditions WHI 21 0534 4 09 AI Managers Or Lessors Of Premises WHI 21 0540 6 09 Assault Battery Limited Liability Cov WHI 21 0556 7 09 Valet Parking Exclusion WHI 21 0711 11 10 Professional Liability Supp Dec nan nan nan nan 12.0 nan 8.0 nan 5.0 ADDITIONAL FORMS All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE WHI 200399 0405 INSURED WHI 20 0399b 0405 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was is sued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. 1L 00 03 09 08 Copyright ISO Properties Inc. 2007 INSURED Page 1 of 1 | 2 |
IL0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of can cellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is auth orized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy..Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward D.Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time A.Cancellation b. Give you reports on the conditions we find and c. Recommend changes 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifi cation under state or municipal statutes ordi nances or regulations of boilers pressure vessels or elevators E.Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre sentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 11 98 Copyright Insurance Services Office Inc. 1998 INSURED Page 1 of 1 | 2 |
IL 00210908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following 1. COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nuclear Energy Liability Insurance Associ ation Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaus tion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been is sued would be entitled to indemnity from the United States of America or any agency thereof under any agreement en tered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to ex penses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or organization C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construc tion maintenance operation or use of any nuclear facility but if such facility is lo cated within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material 1L 00 21 09 08 Copyright ISO Properties Inc. 2007 INSURED Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel compo nent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling proc essing or packaging waste c Any equipment or device used for the processing fabricating or alloying of spe cial nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self support ing chain reaction or to contain a critical mass of fissionable material. Property damageincludes all forms of radioactive contamination of property. Page 2 of 2 Copyright ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF sSUIT Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Company hereby designates the Superintendent Commis sioner or Director of Insurance or other office specified for that purpose in the Statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action suit or proceed ing instituted by or on behalf of the Insured or any benefi ciary hereunder rising out of this contract of insurance and hereby designate the above named as the person to whom said officer is authorized to mail process or a true copy thereof. It is further agreed that service of process may be made upon the President or his nominee of the Company at 9200 East Pima Center Parkway Suite 350 Scottsdale Arizona 85258 and that in any suit instituted against any one of them upon this policy the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal It is agreed that in any state requiring a standard form of policy insurance hereunder on values of properties in such state shall attach and cover in accordance with the terms and conditions of such standard form All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Page 10f 1 INSURED WHI20 0117 0211 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS This endorsement modifies insurance provided under the following COMMON POLICY CONDITIONS Paragraph 2. of Section A. Cancellation is replaced by 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancel lation at least a. Ten 10 days before the effective date of can cellation if we cancel for nonpayment of pre mium including payment due on a prior policy we issued and due during the current policy term covering the same risk or b. Five days before the effective date of cancella tion if we cancel for any other reason The following provision is added to Paragraph E. Premiums If the policy is canceled we will return unearned pre mium to the first Named Insured within a reasonable time after the policy cancellation date and will not be subject to interest or any statutory penalty All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Propetties Inc. 1998 Page 10f 1 INSURED WHI20 0478 07 11 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS K Xif Supplemental Declarations is Attached LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit S 100000 Any One Premises Medical Expense Limit 1000 Any One Person Personal Advertising Injury Limit 1000000 Any One Person or Organization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit INCLUDED This policy is designated with a Policy Liability Aggregate Limit. Definition Policy Liability Aggregate Limit means the greatest aggregate limit as set forth in the Declarations for any single Coverage Part of this policy. Locations Including Zip Code of All Premises you Own Rent or Occupy Enter Same if same location as your mailing address8715 BIG BEND BLVD. WEBSTER GROVES MO 63119 517 THEATRE LANE WEBSTER GROVES MO 63119 9 PREMIUM INCL 1500 INCL Classification Code Premium Prod Comp Prod Comp Number Basis Prem Ops Ops Prem Ops Ops 4.82 TO THE GENERAL AGGREGATE LIMIT o a Area CONTINUED ON WHI21 0300 p Payroll s Gross Sales 1. Per1000 0 Other Define 2. Other Define THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS IF APPLICABLE TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORMS FORMS AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Limit ly One Premises y One Person y One Person or Organization WHI21 0296 10 11 Page 10f3 INSURED | 2 |
When used as a premium base Area means The total number of square feet or floor space at the insured premises computed as follows A c. For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors in cluding basements but do not use the area of the following 1. Courts and mezzanine types of floor open ings and 2. Portions of basements of floors where fifty percent 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air condition ing equipment. For tenants determine the area they occupy in the same manner as for the entire building The rates apply per 1000 square feet of area Total Costmeans The total cost of all work let or sublet in connection with each specific project including A The cost of all labor materials and equipment fur nished used or delivered for use in the execution of the work and All fees bonuses or commissions made paid or due. Admissions means The total number of persons other than employees or the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per 1000 admissions. Payroll means A. Remuneration which includes money or substi tutes for money Payroll includes 1. Commissions bonuses pay for holidays vacations or periods of illness 2. Extra pay for overtime in accordance with the manuals in use by us Payments by an employer or amounts other wise required by law to be paid by em ployees to statutory insurance or pension plans such as the Federal Social Security Act Payment to employees on any basis other than time worked such as piece work profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by em ployees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on com parable accommodations Value of meals and lodging other than an apartment or house received by employees as part of their pay The value of store certificates merchandise credits or any other substitute for money re ceived by employees as part of their pay The payroll of mobile equipment operators and their helpers whether or not the opera tors are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire or the equipment The payroll or executive officers and individ ual insureds and co partners in accordance with the manuals in use by us and Fees paid to employment agencies for tem porary personnel provided to the insured C. Payrolldoes notinclude 1. Tips and other gratuities received by employees Payments by an employer to group insur ance or group pension plans for employees in accordance with the manuals in use by us The value of special rewards for individual in vention or discovery WHI21 0296 10 11 Page 20f 3 | 2 |
Dismissal or severance payments except for time worked or accrued vacation The payroll of clerical office employees The payroll of salesmen collectors or mes sengers who work principally away from the insured s premises. Salesmen collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer Exception This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold The payroll of drivers and their helpers if their principal duties are to work on or in connec tion with automobiles and The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connec tion with aircraft in either capacity. D. The rates apply per 1000 of payroll Gross Sales means A. The gross amount charged by the named in sured concessionaires of the named insured or by others trading under the insured s name for 1. 2. 3. All goods or products sold or distributed Operations performed during the policy pe riod and Rentals. B. Gross Sales includes 1. Foreign exchange discounts 2. Freight allowance to customers 3. Total sales of consigned goods and ware house receipts 4. Trade or cash discounts 5. Baddebts and 6. Repossession of items sold on instalments amount actually collected A. Gross Sales excludes 1. Sales or excise taxes which are collected and submitted to a governmental division 2. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods 3. Finance charges for items sold on installments 4. Freight charges on sales if freight is charged as a separate item on customers invoice and 5. Royalty income from patent rights or copy rights which are not product sales B. The rates apply per 1000 of gross sales. Units means A single room or group of rooms intended for occu pancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. The rates apply per each unit. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Page 3of 3 WHI21 0296 10 11 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Premium Classification i Prod C Prod C Basis Prem Ops roo OMP premsops roo mp ADDITIONAL INTERESTS 50 100 PER WHI21 0534 FLAT FLAT PREMIUM FULLY EARNED AND BATTERY PER MINIMUM AND DEPOSIT PRMEIUM a Area p Payroll s Gross Sales 0 Other 1. Pers1000 Define Other Define EACH TOTAL a Area p Payroll s Gross Sales 0 Other F LA INC INIMUM AND DEPOSIT RMETUM AUTHORIZED REPRESENTATIVE DATE Page 10f 1 INSURED WHI21 0300 05 09 | 2 |
Western Heritage Insurance Company A Stock Insurance Company herein called the Company PROFESSIONAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict coverage. Read the entire Coverage Part 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 Coverage Part. The words we company providing this insurance. us and our refer to the 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 IV DEFINITIONS. SECTION COVERAGES Coverages Professional Liability 1. Insuring Agreement We will pay on your behalf all sums which you shall be come legally obligated to pay as damages because of bodily injury property damage and personal and advertising injury arising out of any negligent act error or omission in the rendering or failure to render profes sional services during the policy period in the policy territory of the type described in the Description of Professional Services shown in the Supplemental Dec larations whether committed by you or by any person for whom you are legally responsible. 2. Defense Settlement Cooperation We will defend any suit against you seeking damages because of bodily injury property damage or per sonal and advertising injury to which this insurance applies even if any of the allegations of the suit are groundless false or fraudulent and it is agreed that we may make such investigation and settlement of any claim or suit as we deem expedient but we shall not be obligated to pay any claim or judgment or to de fend any suit after the applicable limit of our liability has been exhausted by payment of judgments or settlements. We shall have the exclusive right to contest or settle any of said suits or claims. You shall not interfere in any way respecting any negotiations for the settlement of any claim or suit nor in the conduct of any legal proceedings but shall at all times at the request of us or our authorized representatives render to us all pos sible cooperation and assistance. You shall not except at your own cost voluntarily make any payment admit any liability settle any claim assume any obligation or incur any expense without our written consent. Exclusions This policy does not apply to a. Any dishonest fraudulent criminal or malicious act or omission of you any partner or employee b. Any injury arising out of the rendering of or failure to render professional services not described in the Description of Professional Services shown in the Supplemental Declarations c. Liability arising out of the ownership maintenance operation use loading or unloading of any vehicle watercraft or aircraft d. Liability assumed by you under any contract or agreement either verbal or written e. Any obligation for which you or any carrier as your insurer may be held liable under any worker s com pensation unemployment compensation or dis ability benefits law or under any similar law. Bodily injury to any employee of yours arising out of and in the course of their employment by you d. Any loss or claims based upon or arising out of the Securities Act of 1933 or the Securities Exchange Act of 1934 or any amendment thereof or addition thereto or any State Securities Act also known as iability WHI21 0147 11 10 Page 10f 5 INSURED | 2 |
Blue Sky Laws or amendments thereof or addi tions thereto h. Any loss arising from the practice of law i. Your liability for your acts or omissions as a doctor of medicine J. Any claim alleging based upon arising out of at tributable to directly or indirectly resulting from in consequence of or in any way involving 1 The actual alleged or threatened discharge dispersal release escape seepage migration or disposal of pollutants or 2 Any direction or request that you test for mon itor clean up remove contain treat detoxify or neutralize pollutants or any voluntary de cision to do so or K. Any injury sustained by any person arising out of or resulting from sexual andor physical abuse by 1 Any insured 2 Any of your employees 3 Any person performing volunteer services for you or on your behalf or 4 Any other person. 4. Limits of Liability Regardless of the number of Insureds who are in sured under this policy our liability is limited as follows a. The Limit of Liability stated in the Supplemental Declarations as applicable to each claim is the limit of our liability for all damages because of bodily injury property damage or personal injury and advertising injury arising out of each claim or suit covered hereby. b. The Limit of Liability stated in the Supplemental Declarations as aggregate is subject to the above provision respecting each claim the total limit of our liability under this Coverage Part for all dam ages because of bodily injury property damage or personal injury and advertising injury. SECTION II WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an Insured Your members your partners and their spouses are also Insureds but only with respect to the con duct of your business.. A limited liability company you are an Insured Your members are also Insureds but only with re spect to the conduct of your business. Your man agers 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 in sured. 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. Each of the following is also an Insured Your employees other than either your executive of ficers if you are an organization other than a partner ship 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. SECTION Il CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the in sured s estate will not relieve us of our obligations under this Coverage Part. 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 of fense took place 2 The names and addresses of any injured per sons and witnesses and 3 The nature and location of any injury or dam age 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 sulting from sexual and or physical abuse ny insured ny of your employees ny person performing volunteer services for u or on your behalf or ny other person. ability s of the number of Insureds who are in er this policy our liability is limited as follows T WHI121 0147 11 10 Page 20f 5 | 2 |
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. Youand any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settle ment of the claim or defense against the suit and 4 Assist us upon our request in the enforce ment of any right against any person or organi zation which may be liable to the insured because of injury or damage to which this in surance may also apply d. No insured will except at that insured s own cost voluntarily make a payment assume any obliga tion 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 Cover age 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 in sured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance Liability provided by any other Coverage Part under this policy shall not apply to the rendering of or failure to render professional services. Coverage for such is provided exclusively under this Coverage Part. If other valid and collectible insurance is available to the insured for a loss we cover under Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether pri mary excess contingent or on any other basis. 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 by attachment of an endorsement. 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 in sured against that suit. If no other insurer de fends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insur ance 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 insur ance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Supplemental 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 WHI121 0147 11 10 Page 3of 5 | 2 |
of insurance or none of the loss remains which ever comes first If any of the other insurance does not permit contri bution 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 pre mium for that period and send notice to the first Named Insured. The due date for audit and retro spective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete 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. Asif each Named Insured were the only Named In sured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the in sured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew It we decide not to renew this Coverage Part we wil mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date If notice is mailed proof of mailing will be sufficient proof of notice SECTION IV DEFINITIONS 1. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time 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. Leased worker means a person leased to you by a labor leasing firm under a agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not in clude a temporary worker. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury includ ing 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 occu pies committed by or on behalf of its owner land lord or lessor WHI121 0147 11 10 Page 4 of 5 | 2 |
d. Oral or written publication in any manner of mate rial that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of mate rial that violates a person s right of privacy f. The use of another s advertising idea in your ad vertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Policy territory means a. The United States of America including its terri tories and possessions Puerto Rico and Canada b. International waters or airspace but only if the in jury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar elec tronic means of communication provided the insured s responsibility to pay damages is de termined in a suit on the merits in the terri tory described in Paragraph a. above or in a settlement we agree to Pollutants means any substance exhibiting any haz ardous characteristics as defined by or identified on a list of hazardous substances issued by the United States Environmental Protection Agency or any fed eral state county municipal or local counterpart thereof or any foreign equivalent. Such substances shall include without limitation solids liquids gas eous biological bacterial or thermal irritants contami nants or smoke vapor soot fumes acids alkalis chemicals or waste materials including materials to be reconditioned recycled or reclaimed. Pollutants shall also mean any other air emission or particulate odor waste water oil or oil products infectious or medical waste asbestos or asbestos products noise fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi but does not include any fungi intended by you for consumption and electric or magnetic or electro magnetic field 9. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physi cally 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 As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with elec tronically con trolled equipment. 10. Sexual and or physical abuse means sexual or physi cal injury or abuse including but not limited to assault and battery negligent or deliberate touching corporal punishment and mental abuse 11. Suit means a civil proceeding in which damages because of bodily injury property damage or per sonal 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. 12. 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. WHI121 0147 11 10 Page 50f 5 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quota tion marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age 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 in sured 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 IIl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of in surance 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 ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage 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 oc currence or claim knew that the bodily injury or property damage had oc curred 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 resump tion of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Para graph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim in cludes any continuation change or resump tion of that bodily injury or property damage after the end of the policy period 3 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 in jury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 2 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. CG 00010413 Copyright Insurance Services Office Inc. 2012 INSURED Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to c. 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 Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages to which this insurance applies are alleged Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide trans portation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily in jury 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 bever ages. For the purposes of this exclusion per mitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by it self 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 unemploy ment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the con duct of the insured s business or 2 The spouse child parent brother or sister of that employee as a 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 dam ages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured contract Page 20f16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied by or rented or loaned to any insured. However this subpara graph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such prem ises site or location has been added to your policy as an addi tional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or oc cupied by or rented or loaned to any insured other than that addi tional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire b At or from any premises site or loca tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste c Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally respon sible or d At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connec tion with such operations by such in sured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operating fluids which are needed to per form the normal electrical hy draulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a ve hicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge disper sal or release of the fuels lubri cants 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 dis charged dispersed or released as part of the operations being per formed by such insured contrac tor or subcontractor i Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iiiy Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 30f16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any in sured 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 assess ing 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 require ment or such claim or suit by or on be half of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrust ment to others of any aircraft auto or water craft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employ ment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrust ment to others of any aircraft auto or water craft that is owned or operated by or rented or loaned to any insured This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or h. 5 Bodily injury or property damage aris ing out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demoli tion or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you Page 4 of 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it 6 Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section IlI Limits Of Insurance Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the prod ucts 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 prod ucts completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the dam age 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 dan gerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to ac cess or inability to manipulate electronic data. However this exclusion does not apply to lia bility 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 sys tems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 2 3 CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 50f 16 | 1 |
4 Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the print ing dissemination disposal collecting recording sending transmitting com municating or distribution of material or information Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for per sonal and advertising injury to which this insurance does not apply. We may at our dis cretion 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 Ill Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of in surance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. 2 No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period 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 knowl edge that the act would violate the rights of another and would inflict personal and adver tising injury Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the in sured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place be fore the beginning of the policy period Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied con tract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement Page 6 of 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual prop erty 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 in fringement in your advertisement of copy right trade dress or slogan Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or An Internet search access content or service provider. 3 However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 2 3 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 ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the print ing dissemination disposal collecting recording sending transmitting com municating or distribution of material or information. 4 CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement 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 cov erage territory and during the policy period b The expenses are incurred and re ported to us within one year of the date of the accident and c The injured person submits to exami nation at our expense by physicians of our choice as often as we reason ably require. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services 2. Exclusions We will not pay expenses for bodily injury Any Insured To any insured except volunteer workers 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 prem ises you own or rent that the person normally occupies. 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 instruct ing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed oper ations hazard Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations aris ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the in vestigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All court costs taxed against the insured in the suit. However these payments do not in clude attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 0f 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an in demnitee 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 The suit against the indemnitee seeks dam ages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability as sumed by the insured The obligation to defend or the cost of the de fense of that indemnitee has also been as sumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indem nitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any de mands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose cover age is available to the indemnitee and Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and d 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 attor neys fees incurred by us in the defense of that in demnitee 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 Cov erage A Bodily Injury And Property Damage Li ability 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 litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of insur ance 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 insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business.. A limited liability company you are an insured Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stock holders are also insureds but only with re spect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their du ties as trustees. CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 9 0f 16 | 1 |
2. Each of the following is also an insured b. 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 lim ited 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 ven ture to your members if you are a limited liability company to a coem ployee while in the course of his or her employment or performing duties related to the conduct of your busi ness or to your other volunteer workers while performing duties re lated to the conduct of your business b To the spouse child parent brother or sister of that coemployee or vol unteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damageto property a Owned occupied or used by b Rented to in the care custody or con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper tem porary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regard less of the number of a. Insureds b. Claims made or suits brought or. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property dam age included in the products completed op erations hazard and c. Damages under Coverage B. or viding or al health y or con al control noce hy Page 10 0f 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained by any one person or organization. 5. Subjectto Paragraph 2. or 3. above whichever ap plies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Ex pense Limit is the most we will pay under Cover age C for all medical expenses because of bodily injury sustained by any one person The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent pos sible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 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. Youand any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforce ment of any right against any person or organization which may be liable to the in sured 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 ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 11 0f 16 | 1 |
Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary Then we will share with all that other insurance by the method described in Paragraph c. a. below. Excess Insurance 1 This insurance is excess over. 2 a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a ten ant for property damage to premises rented to you or tempo rarily occupied by you with per mission of the owner or iv If the loss arises out of the main tenance or use of aircraft autos or watercraft to the extent not sub ject 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 opera tions or the products and completed operations for which you have been added as an additional insured. 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 in sured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of. a The total amount that all such other in surance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 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 insurer con tributes equal amounts until it has paid its ap plicable 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 Cover age Part in accordance with our rules and rates. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. The first Named Insured must keep records of the information we need for premium compu tation and send us copies at such times as we may request 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete Page 120f 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representa tions 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 in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought 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 re quest the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration 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 mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the 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 ser vices for the purposes of attracting customers or supporters is considered an advertisement 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law where it is li censed or principally garaged However auto does not include mobile equipment. Bodily injury means bodily injury sickness or dis ease sustained by a person including death result ing from any of these at any time Coverage territory means a. The United States of America including its ter ritories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or dam age arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or sim ilar electronic means of communication 2 3 provided the insured s responsibility to pay damages is determined in a suit on the mer its 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 con stitution bylaws or any other similar governing document Hostile fire means one which becomes uncontrol lable 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 defi cient inadequate or dangerous or b. You have failed to fuffill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 13 0f 16 | 1 |
Insured contract means A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A ssidetrack agreement Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad An obligation as required by ordinance to in demnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be im posed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily in jury 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 2 a Preparing approving or failing to pre pare or approve maps shop draw ings 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 pri mary 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 in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 3 0. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties re lated to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is ac cepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or. While it is being moved from an aircraft water craft or auto to the place where it is finally 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 at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo Page 14 0f 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
13. 14. 15. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for. a Snow removal b Road maintenance but not construc tion 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 ga raged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including contin uous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury in cluding consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 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 re conditioned or reclaimed 16. Products completed operations hazard a. b. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session o 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 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured The existence of tools uninstalled equip ment or abandoned or unused materials or c 2 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 150f 16 | 1 |
18. 19. 20. 21 As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 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 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 busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connec tion 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 warn ings 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 qual ity durability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. Page 16 of 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20021185 ADDITIONALINSURED CLUB MEMBERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED Section Il is amended to include as an insured any of your members but only with respect to their liability for your activities or activities they perform on your behalf. CG 20021185 Copyright Insurance Services Office Inc. 1984 INSURED Page 1of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21011185 EXCLUSION ATHLETIC OR SPORTS PARTICIPANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Operations GYM AND DANCE CLASSES RA HEALTH OR EXERCISE CLUBS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any operations shown in the Schedule this insurance does not apply to bodily injury to any person while practicing for or participating in any sports or athletic contest or exhibition that you sponsor. CG21011185 Copyright Insurance Services Office Inc. 1984 INSURED Page 1of 1 | 2 |
POLICY NUMBER scp0976883 POLICY NUMBER scp0976883 COMMERCIAL GENERAL LIABILITY CG 21440798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises 8715 BIG BEND BLVD. WEBSTER GROVES MO 63119 517 THEATRE LANE WEBSTER GROVES MO 63119 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage personal and advertising injury and medical expenses arising out of 1. The ownership maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises or 2. The project shown in the Schedule CG 21440798 Copyright Insurance Services Office Inc. 1997 INSURED Page 1 of 1 | 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 threat ened inhalation of ingestion of contact with exposure to existence of or pres ence of any fungi or bacteria on or within a building or structure including its con tents regardless of whether any other cause event material or product contrib uted concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bac teria by any insured or by any other per son or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B 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 threat ened inhalation of ingestion of contact with exposure to existence of or pres ence of any fungi or bacteria on or within a building or structure including its con tents regardless of whether any other cause event material or product contrib uted concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring clean ing up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bac teria by any insured or by any other per son or entity. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi CG 21671204 Copyright ISO Properties Inc. 2003 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly out of a certified act of terrorism The following definitions are added 1. For the purposes of this endorsement any in jury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable to all types of insurance subject to the Terrorism Risk Insurance Act and The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individ ual 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 Govern ment by coercion CG 21730108 Copyright ISO Properties Inc. 2007 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2196 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to silica Or Silica Related Dust Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing con taining treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. 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 Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual al leged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing con taining treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. CG 21960305 Copyright ISO Properties Inc. 2004 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22760413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION HEALTH OR EXERCISE CLUBS OR COMMERCIALLY OPERATED HEALTH OR EXERCISE FACILITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Ex clusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclu sions of Section Coverage B Personal And Ad vertising Injury Liability This insurance does not apply to bodily injury prop erty damage or personal and advertising injury arising out of the rendering of or failure to render any service treatment advice or instruction relating to physical fitness including services or advice in con nection with diet cardiovascular fithess bodybuilding or physical training programs. 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 service treatment advice or instruction described above. CG 22760413 Copyright Insurance Services Office Inc. 2012 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Definitions section is replaced by the following Insured contract means A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organi zation 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 in demnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damageto a third person or organization pro vided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any con tract or agreement Paragraph f. does not include that part of any con tract or agreement 1 That indemnifies a railroad for bodily injury 2 3 or property damage arising out of construc tion 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 sur veyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opin ions 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 b Under which the insured if an architect engi neer or surveyor assumes liability for an injury or damage arising out of the insured s render ing or failure to render professional services including those listed in 2 above and supervi sory inspection architectural or engineering activities CG 24260413 Copyright Insurance Services Office Inc. 2012 INSURED Page 1 of 1 | 2 |
Western Heritage Insurance Company ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE T romame AT or 1 aoARD T HAMED sURED AcenTo 01282014 MJ PERFORMING AR The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEMBERS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART We will not pay for damages because of bodily injur property damage personal and advertising injury or medical expense arising out of occurrences between two or more club society association organization foundation or similar group of members. Members include all active inactive auxiliary or national members. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE INSURED WHI21 0160 04 00 | 2 |
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