text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
TABLE OF CONTENTS SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement Exclusions Supplementary Payments..... SECTION Il WHO IS AN INSURED SECTION III LIMITS OF INSURANCE SECTION IV DEDUCTIBLE Bankruptey... 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 Cancellation Non renewal And Renewal Conditions Applicable to SECTION VI EXTENDED REPORTING PERIODS SECTION VII DEFINITIONS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS.. o Duties in The Event of Act Error or Omission Claim Or Suit Commercial General Liability Coverage Part... Beginning on Page NNNNOo oo oo CG T043 0116 2016 The Travelers Indemnity Company. Al rights reserved. Page 1 of 1 TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement Exclusions SUPPIEMENLArY PAYMENES o O SECTION Il WHO IS AN INSURED 3 SECTION III LIMITS OF INSURANCE 4 SECTION IV DEDUCTIBLE 4 SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS........ ccooociiiiiii Bankruptey... e Duties in The Event of Act Error or Omission 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 Cancellation Non renewal And Renewal Conditions Applicable to Commercial General Liability Coverage Part... 1 NNNNOo oo oo SECTION VI EXTENDED REPORTING PERIODS 7 SECTION VII DEFINITIONS 8 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM | 2 |
COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. 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 VII Definitions. SECTION EMPLOYEE BENEFITS LIABILITY 3 The negligent act error or omission was COVERAGE committed on or after the Retroactive 1. Insuring Agreement Dgte if any shown in the Declarations of. this Coverage Part and before the end of a. We will pay those sums that the insured CGT1010116 becomes legally obligated to pay as damages the policy period and because of loss 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 loss to which this insurance does not apply. We may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result But 1 The amount we will pay for damages is limited as described in Section I Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. 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 loss only if 1 The loss is caused by a negligent act error or omission committed by the insured or by any other person for whose acts the insured is legally liable in the administration of your employee benefit program The negligent act error or omission is committed in the coverage territory 2 4 A claim or suit for damages because of the loss is first made or brought against any insured in accordance with Paragraph e. below during the policy period or any Extended Reporting Period we provide under Section VI Extended Reporting Periods. Each negligent act error or omission in a series of related negligent acts errors or omissions will be deemed to have been committed on the date the first such negligent act error or omission in that series is committed. If the Retroactive Date is left blank in the Declarations of this Coverage Part the Retroactive Date will be deemed to be the first day of the policy period. A claim or suit seeking damages will be deemed to have been first made or brought at the earlier of the following times 1 When we or any insured first receives written notice of such claim or suit whichever comes first or 2 When we first receive written notice from any insured of a specific negligent act error or omission that caused the loss which resulted in such claim or suit. All claims or suits that seek damages because of loss sustained by any one employee including the employee s dependents and beneficiaries will be deemed 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY to have been first made or brought at the time the first of those claims or suits is made or brought against any insured. A claim or suit that seeks damages will be deemed to have been first made or brought at the time we receive written notice from any insured of a specific negligent act error or omission only if that notice contains all of the following information 1 How when and where the negligent act error or omission was committed 2 A description of what happened 3 A description of what damages may result 4 The identity of the person or organization that may make a claim or bring a suit and 5 The identity of each insured that committed the negligent act error or omission. Notice to us that any insured may in the future receive written notice of a negligent act error or omission claim or suit is not notice of a specific negligent act error or omission. 2. Exclusions This insurance does not apply to a. Criminal Dishonest Fraudulent Or Malicious Acts Loss arising out of any criminal dishonest fraudulent or malicious act error or omission committed by any insured including the willful or reckless violation of any law or regulation. Injury Or Damage Bodily injury property damage personal injury or advertising injury. Failure To Perform A Contract Loss arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Or Advice Given With Respect To Participation Any claim or suit based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Loss arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. ERISA Loss for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as amended or by any similar federal state or local laws. Available Benefits Loss of benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties 1 Any taxes fines or penalties including those imposed under any provision of the Internal Revenue Code of 1986 as amended or any similar state or local law or 2 Any loss cost or expense arising out of the imposition of such taxes fines or penalties. Employment Related Practices Loss 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 or policy such as coercion demotion 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 Page 2 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY imprisonment applied to or directed at that person regardless of whether such practice or policy 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 loss to that person at whom any of the employment related practices or policies described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the loss. Access Or Disclosure Of Confidential Or Personal Information Loss arising out of any access or disclosure of any person s or organization s confidential or personal information. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we made 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. Allinterest 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. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as 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 also insureds but only with respect to their liability 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 Each of 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 who is or was authorized to administer your employee benefit program. Any person or organization having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership CGT1010116 Page 3 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY 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 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage under this provision does not apply to any negligent act error or omission that was 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. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section I 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 c. Persons or organizations making claims or bringing suits Acts errors or omissions or Benefits included in your employee benefit program. 2. The Aggregate Limit is the most we will pay for all damages because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 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 DEDUCTIBLE 1. The Deductible shown in the Declarations and the rules below fix the amount of damages incurred by or on behalf of you or any insured that you will be responsible for paying regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits Acts errors or omissions or Benefits included in your employee benefit program. If no amount is shown for the Deductible in the Declarations the Deductible does not apply to this Coverage Part. 2. The Deductible applies to all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. The Limits of Insurance will not be reduced by the amount of damages within the deductible amount. 4. The terms of this policy including those with respect to a. Our right and duty with respect to the defense of suits and b. Your duties in the event of an act error or omission claim or suit apply irrespective of the application of the deductible amount. 5. If we settle a claim or suit for damages or pay a judgment for damages awarded in a suit that are subject to a deductible we may pay any part or all of the deductible amount. You will promptly reimburse us for such part of the deductible amount as we have paid. SECTION V EMPLOYEE BENEFITS 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. Page 4 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY 2. Duties In The Event Of Act Error Or Omission Claim Or Suit a. CGT1010116 You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it was committed and 2 The names and addresses of any employees who may suffer loss caused by the act error or omission. If a claim is made or suit is brought by 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. 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 a suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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 loss 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 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 act error or omission must be given as soon as practicable only after the act error or omission 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 2 3 4 2016 The Travelers Indemnity Company. All rights reserved. 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 act error or omission. 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 act error or omission must be given as soon as practicable only after the act error or omission is known by a Any individual who is i A lawfully elected or appointed official executive officer or director of any public entity iiy A partner or member of any partnership or joint venture iii A manager of any limited liability company iv An executive officer or director of any other organization or v Atrustee of any trust that is your partner joint venture member manager or trustee or Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an act error or omission. b 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoinus 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 Page 5 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 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. 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under 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 ii Us or any of our affiliated insurance companies 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. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph b. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary. If any of the other insurance is also primary we will share with all that other insurance by the method described in Paragraph b. below. b. 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. Page 6 of 9 2016 The Travelers Indemnil Includes copyrighted material of Insuranc 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 upon 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 renewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage y Company. Al rights reserved. CG T1010116 Services Office Inc. with its permission. 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 10. Cancellation Nonrenewal And Renewal ns Applicable To Commercial General y Coverage Part All conditions relating to cancellation nonrenewal or renewal that are included in any endorsement applicable to the Commercial General Liability Coverage Part attached to this policy also apply to this Coverage Part. SECTION VI EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed for any reason or b. We renew or replace this Coverage Part with insurance that has a Retroactive Date later than the date shown in the Declarations. 2. The Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They only apply to claims or suits for loss caused by a negligent act error or omission committed on or after the Retroactive Date shown in the Declarations and before the end of the policy period. Once in effect Extended Reporting Periods may not be canceled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for 90 days. The Basic Extended Reporting Period does not apply to claims or suits for loss covered under subsequent insurance you purchase or that would be covered under such insurance but for the exhaustion of its applicable limit of insurance. The Basic Extended Reporting Period does not reinstate or increase the limits of insurance. 4. A Supplemental Extended Reporting Period is available but only by an endorsement and for an extra charge. This supplemental period starts with the end of the policy period and lasts for three years or an unlimited period of time as set forth in the Supplemental Extended Reporting Period Endorsement. This supplemental period replaces the Basic Extended Reporting Period. This Supplemental Extended Reporting Period will not go into effect unless we receive all of the following within 90 days after the end of the policy period and you have fulfilled all other duties and complied with all other conditions and requirements under this policy a. A written request from you to purchase the Supplemental Extended Reporting Period b. Full payment of the earned premium for this policy c. Payment of the additional premium for the Supplemental Extended Reporting Period Endorsement and d. Repayment of any deductible you owe us under this Coverage Part. We will determine the additional premium for that endorsement in accordance with our rules and rates. The additional premium for the Supplemental Extended Reporting Period Endorsement will not exceed 200 of the annual premium for this policy. This endorsement will set forth the terms not inconsistent with this Section VI Extended Reporting Periods applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims or suits first made or brought against any insured during such period is excess over any valid and collectible other insurance available under insurance in force after the Supplemental Extended Reporting Period starts. The Supplemental Extended Reporting Period does not reinstate or increase the limits of insurance. SECTION VIl DEFINITIONS 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of the employee benefit program CGT1010116 Page 7 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY b. c. Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury a. Means injury other than personal 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 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 3 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. 2 b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Bodily injury a. Means any harm including sickness or disease to the health of a person. b. Includes mental anguish injury or illness or emotional distress. Cafeteria plan means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Coverage territory means the United States of America including its territories and possessions Puerto Rico or Canada provided that the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada or in a settlement we agree to. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Employee benefit program a. Means a program providing some or all of the following benefits to your employees whether provided through a cafeteria plan or otherwise 1 Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits 2 3 Page 8 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY 4 Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Declarations or added thereto by endorsement. b. Does not include any benefit plan or program described in Paragraph a. above that is self insured. 9. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Personal injury a. 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 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 5 4 b. 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. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property or b. Loss of use of tangible property that is not physically injured. 13. Slogan a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. 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. 14. Suit means a civil proceeding in which damages because of loss to which this insurance applies are alleged. Suit includes An arbitration proceeding in which such damages are claimed and to which the insured must submit or submits with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 15. 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. 16. Title means a name of a literary or artistic work. CGT1010116 Page 9 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 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 EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE 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 FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR 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 indi vidual 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 established by TRIA and is a per centage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. ILT3680115 2015 The Travelers Indemnity Company. Al rights reserved. Page 1of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
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 In sured 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 Loss es is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA. 1 of each applicable Commercial Liability Coverage premium. Page 2 of 2 ILT3 680115 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE 07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION Number of Days Notice of Cancellation 30 CANCELLATION PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION TO WHOM CONTINUED ON IL T8 03 ADDRESS THE ADDRESS FOR THAT PERSON OR CONTINUED ON IL T8 03 LINCOLN NE 68507 PROVISIONS If we cancel this policy for any statutorily permitted reason other than nonpayment of premium and a number of days is shown for cancellation in the schedule above we will mail notice of cancellation to the person or organization shown in the schedule IL T4 0503 11 2011 The Travelers Indemnity Company. All rights reserved. above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. Page 1 of 1 Page 1 of 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 Prohibite tions We will p will provid ing such any of our 1. Any tr regulz 2. Anyo prohit 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. ILT41203 15 Page 1 of 1 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 EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITYWITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR 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 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 certi fied 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 an other 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 ac cordance with procedures established by the Secre tary of the Treasury. ILT414 0115 2015 The Travelers Indemnity Company. All rights reserved. Certified act of terrorism means an act that is certi fied 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 act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. TRIA means the federal Terrorism Risk Insurance Act of 2002 as amended. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability 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 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 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 agree ment 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 proper ties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 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. 2. Asused in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product mate rial. IL 00 21 05 02 ISO Properties Inc. 2001 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 component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore 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 packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the in sured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com c. If we cancel this policy subject to 2.a. or mon Policy Condition are replaced by the follow 2.b. above we will mail to the first Named ing Insured a written notice of cancellation 2. Cancellation Of Policies In Effect Isag the reasons for cancellation at east a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this pol icy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through ma terial misrepresentation 3 Any insured has submitted a fraudu lent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased 6 Certification to the Director of Insur ance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 1. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any pro visions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expira tion date of this policy. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United 7 The determination by the Director of N o o Insurance that the continuation of the Satez POSaI Semce Crtlflgate fOf Malllng policy could place us in violation of sha hedsu Icet prdoo o receptc notlcfe fh the Nebraska Insurance Laws. the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 1 of 1 IL 02 59 09 07 Page 1 of 1 | 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. PN T4 54 01 08 Page 1 of 1 | 2 |
A TRAVELERS POLICYHOLDER NOTICE LEAD Dear Policyholder Lead has become a difficult problem for society as a whole and the insurance industry in particular. As a consequence we are attaching a lead exclusion to our liability policies based upon age and occupancy of buildings. Your policy contains this exclusion. If you have questions about your insurance program please contact your agent or local Company repre sentative. PN T194 08 94 Page 1 of 1 | 2 |
PL2665507 Great American ES Insurance Company GREATAMERICAN Property and Casualty INSURANCE GROUP Privacy Notice and Notice of Insurance Information Practices WHAT DOES GREAT AMERICAN INSURANCE GROUP PROPERTY AND CASUALTY GREAT AMERICAN DO WITH YOUR PERSONAL INFORMATION Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect share and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include e Social Security Number date of birth income Policy coverage premiums account balances payment and claim history e Credit history driving record medical and employment information. When you are no longer our customer we continue to share your information as described in this notice. Al financial companies need to share customers personal information to operate their business. In the section below we list the reasons financial companies can share their customers personal information the reasons Great American chooses to share and whether you can limit this sharing. Does Great Can you limit American share this sharing Reasons we can share your personal information For our everyday business purposes Yes No such as to process your transactions maintain accounts respond to court orders and legal investigations or report to credit bureaus For our marketing purposes Yes No to offer our products and services to you For joint marketing with other financial companies Yes No For our affiliates everyday business purposes Yes No information about your transactions and experiences For our affiliates everyday business purposes No We do not share information about your creditworthiness For our nonaffiliates to market to you No We do not share Questions Call 1 800 545 4269 or go to httpwww.greatamericaninsurancegroup.com. Great American ES Insurance Company ayment and claim history Urmant infarmmatinm Tes NO SDM 526 219 F14246 0219 Rev. 119 | 2 |
PL2665507 Page 2 Who is providing this notice Great American ES Insurance Company This notice is provided by certain companies that make up Great American. These companies are listed below. How does Great American protect my personal information What we do To protect your personal information from unauthorized access and use we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also limit access to your information to those who need it to do their jobs. How does Great American collect my personal information We collect personal information about you for example when you e Apply for insurance Give us your contact information e Pay your insurance premiums File an insurance claim e Tell us who receives the money Visit our website or email us. We also collect your personal information from others such as credit bureaus affiliates or other companies. Why ca nt limit all sharing Federal laws give you the right to limit only Sharing for affiliates everyday business purposes information about your creditworthiness Affiliates from using your information to market to you Sharing for nonaffiliates to market to you. State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include Financial companies with a common Great American name Financial companies such as MidContinent Casualty Company Republic Indemnity Company of America Summit Consulting LLC National Interstate Insurance Company or Premier Lease and Loan Services Insurance Agency Inc. e Others such as American Financial Group Inc. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Great American does not share with nonaffiliates so they can market to you. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partners include insurance agents or other insurance licensees. SDM 526 219 F14246 0219 Rev. 119 Great American ES Insurance Company e S aUUUL yOUU TOF BACITIPS wihon yuud mation ums personal information Vvily Lall L1 it aif stialiiiy urposes information about arket to you you additional rights to limit e abobe lomcss Alllllates Al e Tinarcial and Loan Services Nundifiiaios UL ITiaiRcLiriy Rev. 119 | 2 |
PL2665507 Great American ES Insurance Company We do not disclose your health information with third parties unless authorized by you or as allowed or required by law. We may disclose your information as permitted by law to underwrite or administer your policy claim or account. We may disclose your information to conduct research so long as no individual data may be identified in the research study report. You may review and correct information that we collect about you. To access your information please send a signed written request to PC Legal at Great American Insurance Company 301 East Fourth Street Cincinnati Ohio 45202 4269 or by email to clegalgaig.com. Please include your full name address telephone number and policy number in your letter. We may request other information to validate your identity such as a copy of your driver s license or other valid photo identification. If you believe any of your information is incomplete or incorrect please write to us and explain what data you believe needs correcting. We will review your information. If we agree we will correct our records. If we do not agree you may file a written statement of dispute with us. Upon your request we also may provide you with more information regarding the disclosure of your information. Great American Insurance Company American Empire Surplus Lines Insurance Company Great American Alliance Insurance Company American Empire Insurance Company Great American Assurance Company GAI Warranty Company Great American Casualty Insurance Company GAI Warranty Company of Florida Great American Contemporary Insurance Company Dempsey and Siders Inc. Great American ES Insurance Company Eden Park Insurance Brokers Inc. Great American Fidelity Insurance Company Professional Risk Brokers Inc. Great American Insurance Company of New York ABA Insurance Services Inc. Great American Protection Insurance Company Great American Insurance Agency Inc. Great American Security Insurance Company Premier Lease Loan Insurance Services Insurance Agency Inc. Great American Spirit Insurance Company Great American ES Insurance Company SDM 526 219 F14246 0219 Rev. 119 | 2 |
PL2665507 Great American ES Insurance Company PLEASE READ THIS CAREFULLY. SURPLUS LINES NOTIFICATION THE INSURANCE EVIDENCED HEREBY IS WRITTEN BY AN APPROVED NON LICENSED INSURER IN THE STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY ASSOCIATION. OHSN Ed. 0508 XS | 2 |
PL2665507 Great American ES Insurance Company RMU 7000 Ed. 0319 RETAINED RISK PROTECTION POLICY COMMERCIAL GENERAL LIABILITY DECLARATIONS Policy Number PL2665507 Previous Policy Number NEW ISSUING COMPANY PRODUCER NAME AND ADDRESS Great American ES Insurance Company R T Specialty LLC 10751 Deerwood Park Blvd Suite 145 Jacksonville FL 32256 IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. NAMED INSURED Kent Sporting Goods Company Inc. Absolute Outdoor Inc. MAILING ADDRESS 433 Park Ave New London OH 44851 1177 POLICY PERIOD From 09012019 To 09012020 At 1201 A.M. at your mailing address shown above FORM OF BUSINESS Limited Liability Company Joint Venture Partnership Trust X Other Organization including a Corporation Individual but not including a Partnership Joint Venture or Limited Liability Company LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damage to Premises Rented to you Limit 50000 Any one premises Personal and Advertising Injury Limit 1000000 Any one person or organization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 RETROACTIVE DATE RMU 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury which occurs before the Retroactive Date if any shown below. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES reat American ES Insurance Company 1177 FORM OF BUSINESS frust ndividual RMU 7000 Ed. 0319 Page 1 of 2 | 2 |
SELF INSURED RETENTIONS COVERAGE AMOUNT AND BASIS Bodily Injury and Property Damage Liability Combined SEE AES3020 Each Occurrence ONLY IF APPLICABLE SEE AES3020 Aggregate SEE AES3020 Each Occurrence Continuing Self Insured Retention Personal and Advertising Injury Liability SEE AES3020 Any one person or organization ONLY IF APPLICABLE SEE AES3020 Aggregate SEE AES3020 Any one person or organization Continuing Self Insured Retention CLAIMS SERVICE PROVIDER Company Name and Address Rietz Law Firm P.O. Box 5268 114 Village Place Suite 301 Dillon CO 80435 Contact Name and Number Peter Rietz 970 368 2349 PREMIUM AND RATES Basis of Premium Rate Advance Premium Gross Sales 175200000 2.533 443777 Certified Acts of Terrorism Premium Rejected Total Advance Premium 443777 Total Premium Due at Inception 443777 Minimum Premium 443777 Minimum Retained Premium 110944 FORMS AND ENDORSEMENTS The attached Forms and Endorsements Schedule CG 88 01 1185 lists all declarations forms and endorsements applicable to this policy and forming a part thereof at inception. Aggregate Each Occurrence Continuing Self Insured Retention Any one person or organization Suite 301 e A 2.533 Premium otion THE INSURANCE HEREBY EVIDENCED IS WRITTEN BY AN APPROVED NON LICENSED INSURER IN THE STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY ASSOCIATION Page 2 of 2 RMU 7000 Ed. 0319 | 2 |
PL2665507 Great American ES Insurance Company CG 8801 Ed. 1185 FORMS AND ENDORSEMENTS SCHEDULE It is here by understood and agreed the following forms and endorsements are attached to and are a part of this policy 17 18 19 20 21 Form and Edition AES3020 0501 CG8133 0811 RMU0015 1016 RMU0001 1016 CG8134 0811 RMU0012 1016 1L0017 1198 RMU0016 1116 AES3012 0811 L7268 0909 1L7125 0311 RMU2004 1016 AES3020 0501 AES3020 0501 1L7324 0812 CG9029 0516 CG2107 0514 ESG1010 0816 IL7069 0316 CG2133 1185 CG2147 1207 ST OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH Date Added or Date Deleted Form Description Amendment Self Insured Retention Endorsement Schedule Declarations Page Stop Gap Employers Liability Coverage Part Ohio Employee Benefits Liability Coverage Retained Risk Protection Policy Commercial General Liability Coverage Form Stop Gap Employers Liability Coverage Part Ohio Amendment Other Insurance Condition Primary And Noncontributory Common Policy Conditions Designated Locations General Aggregate Limit Subject To A Maximum Policy Aggregate Limit General Service of Suit Endorsement Not Applicable in Delaware or Pennsylvania In Witness Clause Named Insured Endorsement Automatic Additional Insured Vendors When Required In Writing In A Contract Or Agreement With You Who is an Insured Broad Form Renewal Rate Agreement Economic and Trade Sanctions Clause Exclusion of Claims and Suits Alleging infringement of Intellectual Property or Unfair Competition Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability Limited Bodily Injury Exception Not Included Exclusion Aircraft Products and Grounding Liability Exclusion Asbestos Exclusion Designated Products Exclusion Employment Related Practices ST OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH Form and Edition AES3020 0501 CG8133 0811 RMU0015 1016 RMU0001 1016 CG8134 0811 RMU0012 1016 1L0017 1198 RMU0016 1116 AES3012 0811 L7268 0909 1L7125 0311 RMU2004 1016 AES3020 0501 AES3020 0501 1L7324 0812 CG9029 0516 CG2107 0514 18 19 20 21 ESG1010 0816 IL7069 0316 CG2133 1185 CG2147 1207 OH OH OH OH CG 88 01 Ed. 1185 Page 1 of 2 | 2 |
Date Added or Date Deleted Form Description Exclusion Fungi or Bacteria Exclusion Liability Arising Out of Lead Exclusion Nuclear Energy Liability Exclusion Broad Form Exclusion Nuclear Biological or Chemical Exclusion Silica or Related Dust Exclusion Total Pollution with a Building Heating Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception Disclosure Pursuant to Terrorism Risk Insurance Act Exclusion Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States ST OH OH OH OH OH OH 22 23 24 25 26 27 Form and Edition CG2167 1204 CG7794 0798 1L0021 0908 CG8366 0605 CG8361 0205 CG2165 1204 28 L7210 0115 29 CG21750115 OH OH If not at inception CG 88 01 Ed. 1185 Page 2 of 2 | 2 |
PL2665507 Great American ES Insurance Company AES 3020 Ed. 05.01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL ENDORSEMENT AMENDMENT SELF INSURED RETENTION ENDORSEMENT SCHEDULE COVERAGE Bodily Injury andor Property Damage Liability Combined AMOUNT AND BASIS 750000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence 10000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence Products Completed Operations Hazard Continuing Self Insured Retention Premises Operations Hazard Continuing Self Insured Retention Personal and Advertising Injury Liability 750000 Any one person or organization 4000000 Aggregate 25000 Any one person or Organization Continuing Self Insured Retention odily Injury andor Property lity Combined 750000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence 10000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence Products Completed Operations Hazard Continuing Self Insured Retention Premises Operations Hazard Continuing Self Insured Retention Products Completed Operations Hazard Premises Operations Hazard ersonal and Advertising jury Liability on or organization | 2 |
PL2665507 Great American ES Insurance Company CG 8133 Ed. 0811 Policy No. PL2665507 OHIO STOP GAP EMPLOYERS LIABILITY COVERAGE PART DECLARATIONS PAGE NAMED INSURED Kent Sporting Goods Company Inc. POLICY PERIOD Absolute Outdoor Inc. 09012019 to 09012020 LIMITS OF INSURANCE Bodily Injury By Accident Bodily Injury By Disease Bodily Injury By Disease 1000000 Each Accident 1000000 Each Employee 1000000 Aggregate Limit FORM OF BUSINESS ESTIMATED ANNUAL PREMIUM Included FORMS AND ENDORSEMENTS applicable to this Coverage Part and made part of this Policy at the time of issue are listed on the attached Forms and Endorsements Schedule CG 88 01 1185. CG 8133 Ed. 0811 Page 1 of 1 | 2 |
PL2665507 Great American ES Insurance Company RMU 0015 Ed. 1016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Self Insured Retention 1000000 Each Employee 5000 Each Employee 1000000 Aggregate Retroactive Date 09302005 A. The following is added to SECTION COVERAGES COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums in excess of the self insured retention that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will also reimburse the insured for defense and settlement costs paid by the insured in excess of the self insured retention provided such sums were incurred with our prior written consent. We will not pay damages or reimburse the insured for defense and settlement costs because of acts errors or omissions to which this insurance does not apply. The amount we will pay for damages is limited as described in Paragraph D. SECTION IIl LIMITS OF INSURANCE AND SELF INSURED RETENTION. b. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and Aggregate Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 1 of 8 | 2 |
3 Aclaim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make settlement in accordance with Paragraph a. above. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. You have the obligation to investigate any report of an act error or omission and the duty to defend or settle any claim or suit that may result and must pay all defense and settlement costs and damages up to the amount of the self insured retention. You will cooperate with us and give us the opportunity to participate in the investigation of any report of an act error or omission and the defense and settlement of any claim or suit. If we exercise such right we will do so at our own expense. We may at our sole discretion assume control of any claim or suit after the self insured retention has been exhausted and replace legal counsel with representation of our choice. Our obligation to reimburse the insured for defense and settlement costs will end once we have used up the applicable limit of insurance in the payment of judgments or settlements. In no event shall you agree to a settlement in excess of the self insured retention without our prior written consent. If we recommend a settlement which is acceptable to the claimant and would result in disposition of the claim or suit but you do not consent to the settlement then the most we will pay in the event of any later settlement or judgment is the amount of the negotiated settlement less the remaining amount under your self insured retention at the time we recommend such settlement. Exclusions This insurance does not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 2 of 8 | 2 |
d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supplementary Payments Coverages A B and Employee Benefits Liability. 2. Paragraph 2. of the Supplementary Payments provision does not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of SECTION Il WHO IS AN INSURED are replaced by the following 2. Each of the following is also an insured Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 3 of 8 | 2 |
Each of your employees who is or was authorized to administer your employee benefit program. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. 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 Endorsement. 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 no other similar insurance applies to that organization. However Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS is replaced by the following 1. Limits Of Insurance And Self Insured Retention The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages in excess of the self insured retention sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance and Self Insured Retention of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 4 of 8 | 2 |
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 and Self Insured Retention. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit You must see to it that we are notified as soon as practicable of an act error or omission which may result in aclaim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. 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. You and any other involved insured must Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission 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 without our consent. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows 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. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 5 of 8 | 2 |
b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Retroactive Date shown in the Schedule of this insurance. 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 the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 3 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 Schedule of this endorsement. 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 limits of insurance to the total applicable limits of insurance of all insurers. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorsement is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Extended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 6 of 8 | 2 |
We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 7 of 8 | 2 |
e. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 6. 20. and 21. in the Definitions Section are replaced by the following 6. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased workel Employee does not include a temporary worker. 20. Self insured retention means the dollar amount you have chosen to pay from your own funds for defense and settlement costs incurred by you and damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. 21. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 8 of 8 | 2 |
PL2665507 Great American ES Insurance Company RMU 0001 Ed. 1016 RETAINED RISK PROTECTION POLICY 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 We will pay those sums in excess of the self insured retention that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will also reimburse the insured for defense and settlement costs paid by the insured in excess of the self insured retention provided such sums were incurred with our prior written consent. We will not pay damages or reimburse the insured for defense and settlement costs because of bodily injury or property damage to which this insurance does not apply. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. 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 Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 1 of 24 | 0 |
PL2665507 Great American ES Insurance Company 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 oceur. 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. You have the obligation to investigate any occurrence and the duty to defend or settle any claim or suit that may result and must pay all defense and settlement costs and damages up to the amount of the self insured retention. You will cooperate with us and give us the opportunity to participate in the investigation of any occurrence and the defense and settlement of any claim or suit. If we exercise such right we will do so at our own expense. We may at our sole discretion assume control of any claim or suit after the self insured retention has been exhausted and replace legal counsel with representation of our choice. Our obligation to reimburse the insured for defense and settlement costs will end once we have used up the applicable limit of insurance in the payment of judgments or settlements under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. In no event shall you agree to a settlement in excess of the self insured retention without our prior written consent. If we recommend a settlement which is acceptable to the claimant and would result in disposition of the claim or suit but you do not consent to the settlement then the most we will pay in the event of any later settlement or judgment is the amount of the negotiated settlement less the remaining amount under your self insured retention at the time we recommend such settlement. 2. Exclusions This insurance does not apply to 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 contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in that same insured contract to such party for or for the cost of that party s defense against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged any amounts we either reimburse you for or pay for reasonable attorneys fees or necessary litigation expenses in excess of the self insured retention incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property damage. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 2 of 24 | 1 |
PL2665507 Great American ES Insurance Company c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 3 of 24 | 1 |
PL2665507 Great American ES Insurance Company a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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 Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 4 of 24 | 1 |
PL2665507 Great American ES Insurance Company b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or s Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 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. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 5 of 24 | 1 |
PL2665507 Great American ES Insurance Company War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 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 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured s 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 G That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. 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. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 6 of 24 | 1 |
PL2665507 Great American ES Insurance Company This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording and Distribution of Material or Information in Violation of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 7 of 24 | 1 |
PL2665507 Great American ES Insurance Company 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in SECTION IlI LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums in excess of the self insured retention that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will also reimburse the insured for defense and settlement costs paid by the insured in excess of the self insured retention provided such sums were incurred with our prior written consent. We will not pay damages or reimburse the insured for defense and settlement costs because of personal and advertising injury to which this insurance does not apply. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. 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. You have the obligation to investigate any offense and the duty to defend or settle any claim or suit that may result and must pay all defense and settlement costs and damages up to the amount of the self insured retention. You will cooperate with us and give us the opportunity to participate in the investigation of any offense and the defense and settlement of any claim or suit. If we exercise such right we will do so at our own expense. We may at our sole discretion assume control of any claim or suit after the self insured retention has been exhausted and replace legal counsel with representation of our choice. Our obligation to reimburse the insured for defense and settlement costs will end once we have used up the applicable Limit of Insurance in the payment of judgments or settlements under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. In no event shall you agree to a settlement in excess of the self insured retention without our prior written consent. If we recommend a settlement which is acceptable to the claimant and would result in disposition of the claim or suit but you do not consent to the settlement then the most we will pay in the event of any later settlement or judgment is the amount of the negotiated settlement less the remaining amount under your self insured retention at the time we recommend such settlement. 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. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 8 of 24 | 1 |
PL2665507 Great American ES Insurance Company b. Material Published with Knowledge of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior to Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 9 of 24 | 1 |
PL2665507 Great American ES Insurance Company However this exclusion does not apply to subparagraphs a. b. and c. under personal and advertising injury in the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened 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 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 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 directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 10 of 24 | 1 |
PL2665507 Great American ES Insurance Company 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. If we participate in the investigation or settlement of any claim or in the defense of any suit against an insured we will pay all expenses we incur. We will also pay with respect to a claim or suit to which this insurance applies The cost in excess of the self insured retention 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 court costs taxed against the insured in the suit in excess of the self insured retention. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 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 the period of time after the offer. Interest on the amount in excess of the self insured retention 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. 2. When an indemnitee of the insured is named in a suit in which the insured is also named as a party we will pay for attorney s fees and necessary litigation expenses of the indemnitee in excess of the self insured retention. Such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the Limits of Insurance only if the following conditions are met 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that the same counsel can be assigned 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 Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 11 of 24 | 1 |
PL2665507 Great American ES Insurance Company 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. Our obligation to reimburse the insured for attorney s fees and necessary litigation expenses as Supplementary Payments ends when 1 we have used up the applicable Limit of Insurance in the payment of judgments or settlements 2 the conditions a. through e. set forth above are no longer met or 3 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 e. 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. Atrust 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 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 12 of 24 | 1 |
PL2665507 Great American ES Insurance Company 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 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. For the purposes of this subparagraph professional health care services do not include incidental medical malpractice. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 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 lll LIMITS OF INSURANCE AND SELF INSURED RETENTIONS 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. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 13 of 24 | 1 |
PL2665507 Great American ES Insurance Company The General Aggregate Limit is the most we will pay for the sum of a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY except damages because of bodily injury or property damage included in the products completed operations hazard and b. Damages under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. The Products Completed Operations Aggregate Limit is the most we will pay under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for the sum of all damages in excess of the self insured retention because of all personal and advertising injury sustained by any one person or organization. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in excess of the self insured retention because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages in excess of the self insured retention 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. The Each Occurrence Self Insured Retention shown in the Declarations is the amount you must pay before this insurance applies for damages and defense and settlement costs because of all bodily injury and property damage arising out of any one occurrence. If there is a dollar amount shown in the Declarations as an Aggregate Self Insured Retention applicable to Bodily Injury and Property Damage Liability then once the total paid by you for damages and defense and settlement costs for bodily injury or property damage to which this insurance applies reaches that amount only the Continuing Self insured Retention shown in the Declarations will apply to each subsequent occurrence. The Personal and Advertising Injury Liability Self Insured Retention shown in the Declarations is the amount you must pay before this insurance applies for damages and defense and settlement costs because of all personal and advertising injury sustained by any one person or organization. If there is a dollar amount shown in the Declarations as an Aggregate Self Insured Retention applicable to Personal and Advertising Injury Liability then once the total paid by you for damages and defense and settlement costs for personal and advertising injury to which this insurance applies reaches that amount only the Continuing Self insured Retention shown in the Declarations will apply to personal and advertising injury sustained by each subsequent person or organization. The Limits of Insurance and Self Insured Retentions 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 and Self Insured Retentions. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Insolvency or Inability to Pay Bankruptcy insolvency or inability of the insured to pay will not relieve us of our obligations under this Coverage Part. Under no circumstances will any such bankruptcy insolvency or inability to pay require us to drop down and replace the self insured retention or to assume or bear any obligations or duties associated with the self insured retention. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 14 of 24 | 1 |
PL2665507 Great American ES Insurance Company 2. Duties in The Event of Occurrence Offense Claim or Suit You must see to it that we receive written notice as soon as practicable of any occurrence or offense involving Spinal cord or brain injury Hospitalization for longer than 96 hours 3 A fatality 4 Amputation or the loss of use of arm leg or eye that is likely to last longer than 8 weeks s Second degree burns over 25 percent of the body or any third degree burns 6 Any personal and advertising injury It The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants A claim for which you are likely to incur costs to investigate defend and settle that are 50 percent or more of the amount of your self insured retention or A suit in which the demand for damages is equal to or greater than 25 percent of the amount of your self insured retention. Knowledge of an occurrence offense claim or suit by an employee agent or other representative of yours or any failure by such employee agent or other representative to notify us does not in itself constitute knowledge by you or a failure to comply with the duties above unless notice of such occurrence offense claim or suit was received by an executive officer director or risk manager of yours or by any employee authorized by you to give or receive notice of an occurrence offense claim or suit. 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 3 The nature and location of any injury or damage arising out of the occurrence or offense 4 Copies of all demands notices summonses or legal papers received in connection with the claim or suit and 5 The results or status of any investigations either underway or already completed. You and any other involved insured must 1 Authorize us to obtain records and other information 2 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 3 Assist us upon our request in the 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 in excess of the self insured retention without our consent. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 15 of 24 | 1 |
PL2665507 Great American ES Insurance Company Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoin 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. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii Thatis Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 16 of 24 | 1 |
PL2665507 Great American ES Insurance Company 3 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. Premium Audit Minimum Premium and Minimum Retained Premium Premium shown in the Declarations as Advance Premium is a deposit premium only. At the close of each policy period we will calculate the earned premium for that period in accordance with our rules and rates and the terms and conditions of this policy. Any additional premium is due and payable upon notice to the first Named Insured. If the advance premium paid is greater than the audited earned premium then we will return the excess to the first Named Insured subject to the Minimum Premium provision below. In no event will the final earned premium for the policy period be less than the Minimum Premium shown in the Declarations. If Flat Charge is shown under Basis of Premium the Advance Premium is the Minimum Premium. If this policy is cancelled we will send the first Named Insured any premium refund due in accordance with the Cancellation Common Policy Condition subject to the Minimum Retained Premium provision below. The Minimum Retained Premium shown in the Declarations is the policy writing minimum premium and applies if the policy is cancelled by you and the earned premium is less than the Minimum Retained Premium or if the policy is cancelled for nonpayment of premium. If no Minimum Retained Premium is shown in the Declarations the Minimum Retained Premium will be an amount equal to 25 of the Advance Premium. 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. Representations By accepting this policy you agree b. c. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and We have issued this policy in reliance upon your representations. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 17 of 24 | 1 |
PL2665507 Great American ES Insurance Company 10. 1. 12. 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. If the insured agreed to waive their rights of recovery against a person or organization in writing in a contract or agreement executed prior to the injury or damage then we will waive our rights of recovery against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. 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. Access to Claim Files We reserve the right to review claim files and audit the handling of claims by you or your Claims Service Provider shown in the Declarations. You agree to cooperate with us and assist us in obtaining access to these files as needed. Claims Service Provider The Claims Service Provider shown in the Declarations was selected by you with our consent. It is our expectation that you will retain this organization until all claims under this policy have been closed. You must give us advance written notice if you intend to materially alter terminate or suspend your claims service agreement. Any replacement Claims Service Provider must be acceptable to us. Reports You or your Claims Service Provider must send us written summaries of all claims made under this policy at regular intervals established and agreed to at the inception of this policy and at other times as we may request. Such reports should include a. The date the incident took place and the date reported b. The location where the incident took place and a brief description c. The claim number and the claimant s name d. Status of the claim open closed or in suit e. Amounts of all indemnity payments and reserves f. Amounts of any defense and settlement costs incurred and reserved and g. The cumulative impact of such payments and reserves on the Aggregate Self Insured Retention if applicable. Regardless of the timing of such reports you must also provide separate written notice of certain occurrences offenses claims or suits in accordance with Condition 2. above. These reports do not take the place of such notice. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 18 of 24 | 1 |
PL2665507 Great American ES Insurance Company 13. 14. Satisfaction of the Self Insured Retention The self insured retention may only be satisfied by actual payments made by you and may not be satisfied by other insurance either in whole or in part. Unintentional Failure to Disclose Failure to disclose all premises operations or other hazards existing as of the inception date of this policy or other errors or omissions in the application for insurance or supporting documentation will not prejudice your rights under this policy provided such failure to disclose was unintentional and there was no material misrepresentation or concealment by the insured or anyone acting on the insured s behalf. You must report all errors or omissions to us as soon as possible after they are discovered. We may at our discretion charge additional premium or take other action based on the actual exposures. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. Aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury if directly resulting from bodily injury. 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. Allother 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 Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 19 of 24 | 1 |
PL2665507 Great American ES Insurance Company 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. 5. Defense and settlement costs means reasonable and necessary costs fees and expenses incurred by the insured in the investigation defense or settlement of claims or suits for which coverage is provided by this policy or would be provided if not for the self insured retention. Defense and settlement costs do not include a. Wages or salaries of any insured s employees or employees of the Claims Service Provider b. Overhead costs and day to day expenses of any insured or of the Claims Service Provider c. Fees paid to legal counsel on a general retainer or d. Any other costs or expenses that can not be directly allocated to a specific claim or suit. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 9. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates 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. 10. Incidental medical malpractice means bodily injury caused by a. The rendering of or failure to render first aid or other urgent medical care or b. Nursing treatment advice or instructions or the related furnishing of food or beverages. 11. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 20 of 24 | 1 |
PL2665507 Great American ES Insurance Company 12. 13. 14. e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After itis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While itis in or on an aircraft watercraft or auto or 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 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 Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 21 of 24 | 1 |
PL2665507 Great American ES Insurance Company 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 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 vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 15. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 16. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses b. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 17. 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. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 22 of 24 | 1 |
PL2665507 Great American ES Insurance Company 18. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 19. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 20. Self insured retention means the dollar amount you have chosen to pay from your own funds for damages and defense and settlement costs as shown in the Declarations a. For each occurrence or b. Because of all personal and advertising injury arising out of an offense and sustained by any one person or organization. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 23 of 24 | 1 |
PL2665507 Great American ES Insurance Company 21. 22. 23. 24 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. 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 business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 24 of 24 | 1 |
PL2665507 Great American ES Insurance Company CG 81 34 Ed. 08 11 OHIO STOP GAP EMPLOYERS LIABILITY COVERAGE PART Various provisions of this Coverage Part restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this Coverage Part the words you and your refer to the Named Insureds shown in the Declarations. The words we us and our refer to the Company providing the 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 STOP GAP COVERAGE 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated by Ohio Law to pay as damages because of bodily injury by accident or bodily injury by disease to your employee to which this insurance applies. We will have the right and duty to defend the Insured against any suit seek ing those damages. However we will have no duty to defend the Insured against any suit seeking damages to which this in surance does not apply. We may at our discretion investigate any accident and settle any claim or suit that may result. But 1 the amount we will pay as 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 Limits of Insurance in the payment of judg ments or settlements under this cov erage. No other obligation or liability to pay sums or performs acts or services is covered unless explicitly provided for under 3. Supplementary Payments. b. This insurance applies to bodily injury by accident or bodily injury by disease only if 1 The a bodily injury by accident or bodily injury by disease takes place in the coverage territory b bodily injury by accident or bodily injury by disease arises out of and in the course of the injured employee s employment by you and c employee at the time of injury was covered under a workers compensation policy and subject to a workers compensation law of Ohio and 2 The bodily injury by accident is caused by an accident that occurs during the policy period or a b bodily injury by disease is caus ed by or aggravated by the in jured employee s conditions of employment by you and the in jured employee s last day of last exposure to the conditions caus Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 1 of 9 | 2 |
PL2665507 12665507 ing or aggravating such bodily injury by disease occurs during the policy period. c. The damages we will pay where this in surance applies and recovery is permitted by law include damages 1 For a which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of bodily injury by ac cident or bodily injury by dis ease to your employee care and loss of services result ing from the injury referred to in c.1a and b c bodily injury by accident or bodily injury by disease to a spouse child parent brother or sister of the injured employee as a consequence of the injury referred to in c.1a provided that these damages are the direct consequence of bodily injury by accident or bodily injury by disease that arises out of and in the course of the injured em ployee s employment by you and 2 Because of bodily injury by accident or bodily injury by disease to your employee that arises out of and in the course of employment claimed against you in a capacity other than as employer. 2. Exclusions This insurance does not apply to any a. Abuse Bodily injury by accident or bodily injury by disease arising out of Great American ES Insurance Company 1 any actual threatened or alleged abuse molestation harassment or sexual conduct or sexual conduct or miscon duct of or directed at any person by any other person or 2 the wrongful a employment b investigation c supervision d reporting to the proper authorit ies or failure to so report e retention or f referral of or to any person for whom any insured is or ever was legally respon sible and whose conduct would be excluded by 1 above. This exclusion applies whether or not the conduct or misconduct described in 1 or 2 is or is alleged to be sexual non sexual negligent reckless knowing inten tional fraudulent oppressive malicious or otherwise.. Asbestos Damages arising out of attributable to or in any way related to any form of asbes tos or the actual threatened or alleged transmission of any form of asbestos in any manner.. Contractual Liability Liability assumed by any insured under any contract or agreement.. Crew Members Bodily injury by accident or bodily injury by disease to a master or member of the crew of any vessel or any member of the flying crew of any aircraft. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 2 of 9 | 2 |
PL2665507 Great American ES e. Criminal Acts Bodily injury by accident or bodily injury by disease resulting from a fraudulent act or criminal act by 1 any insured 2 the employee suffering the bodily injury by accident or bodily injury by disease or 3 any other person employed as either an employee or a temporary work er by the same employer as the em ployee suffering the bodily injury by accident or bodily injury by disease. f. Employee Benefit Plans 1 liability arising out of any activity by the Insured concerning any employee benefit plan or self insured fund or for any amount due under any fringe benefit or retirement program or 2 obligation of the Insured under the Employee Retirement Income Security Act of 1974 ERISA or any of its amendments or under any similar law regulation or ordinance. g. Failure to Comply with Workers Com pensation Law Bodily injury by accident or bodily injury by disease to an employee when you are 1 deprived of common law defenses or 2 otherwise subject to penalty because of your failure to secure your obligations or other failure to comply with any workers compensation law. h. Federal Laws 1 Bodily injury by accident or bodily injury by disease to any person sus tained in the course of any employ ment that is subject to any of the fol lowing laws a the Federal Employer s Liability Act 45 USC Sections 51 60 Great American ES Insurance Company 1 t or bodily injury m a fraudulent act fering the bodily or bodily injury by mployed as either temporary work ployer as the em e bodily injury by injury by disease. of any activity by ng any employee f insured fund or under any fringe t program or Insured under the 1 t Income Security SA or any of its ler any similar law nce. Workers Com 1 t or bodily injury ployee when you 1 law defenses or penalty e to secure your ure to comply with ition law. ccident or bodily any person sus e of any employ to any of the fol mployer s Liability ctions 51 60 b the Non appropriated Fund In strumentalities Act 5 USC Sec tions 8171 8173 c the Longshore and Harbor Work ers Compensation Act 33 USC Sections 910 950 d the Outer Continental Shelf Lands Act 43 usc Sections 1331 1356 e the Defense Base Act 42 USC Sections 1651 1654 f the Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 g the Migrant and Seasonal Agricul tural Worker Protection Act 29 USC Sections 1801 1872 h any other workers compensation unemployment compensation or disability laws or any similar law or i any subsequent amendments to the laws listed above and 2 Premium assessment penalty fine benefit liability or other obligation im posed by or granted pursuant to any law described in 1a through 1i. i. Fines and Penalties Assessment penalty or fine levied by any regulatory or inspection agency or au thority j. Intentional Injury Bodily injury by accident or bodily injury by disease 1 deliberately caused or aggravated by you with actual intent to injure an em ployee or 2 resulting from an act or omission ac tually or allegedly committed by you or by any person or organization on your behalf if at the time of the act or omission it would have been reason Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 3 of 9 | 2 |
PL2665507 365507 able for you or for that person or organization to believe that an injury was substantially certain to occur. k. Pollution Liability arising from related to or which would not have occurred but for the dis charge dispersal release escape pres ence of or exposure to smoke vapors soot fumes acids alkalis toxic chemicals liquid gases waste materials or other ir ritants contaminants or pollutants from any source at any location at any time.. Punitive Damages Punitive or exemplary damages treble damages the enhanced or multiple com ponent of enhanced or multiplied damages or any other damages intended to punish or deter conduct rather than to compen sate for harm because of bodily injury by accident or bodily injury by disease to an employee.. Remuneration Bodily injury by accident or bodily injury by disease suffered by any employee whose full remuneration has not been in cluded in the total remuneration upon which premium for this insurance is based.. Silica Bodily injury by accident or bodily injury by disease which would not have oc curred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of presence of exposure to or contact with silica or dust that includes or contains silica. This exclusion applies regardless of 1 the circumstances of or leading to such actual alleged threatened or suspected inhalation ingestion expo sure contact existence or presence and Great American ES Insurance Company 2 whether the silica or dust that in cludes or contains silica is mixed with or combined with or also in cludes or contains any other sub stance. o. Statutory Obligations Obligation of an insured under a workers compensation or occupational disease law disability benefits law unemployment compensation law or any similar law.. Termination Coercion or Discrimination Damages arising out of coercion criticism demotion evaluation reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or arising out of any oth er employment or personnel decision of the Insured.. Violation of Age Laws or Employment of Minors Bodily injury by accident or bodily injury by disease suffered or caused by any person 1 knowingly employed by you in violation of any law as to age or 2 under the age of 14 years regardless of any such law.. Violation of Law Bodily injury by accident or bodily injury by disease suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your execu tive officers.. War Damages arising out or war whether or not declared or any act or condition in cidental to war. War includes civil war insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 4 of 9 | 2 |
PL2665507 t. Welding and Cutting Operations Bodily injury by accident or bodily injury by disease arising out of caused by re sulting from contributed to aggravated by or related in any way whether directly or indirectly and whether in whole or in part to any actual alleged or threatened exposure to existence of presence of contact with ingestion of inhalation of or absorption of any fume vapor dust re sidue smoke soot gas chemical radiation or radioactive material particle or par ticulate arising from any 1 welding operation including but not limited to welding brazing soldering thermal spraying or cutting or 2 welding or cutting equipment or ma terial including but not limited to rods electrodes wire or similar prod uct welding consumables base metal or any coating present on base ma terial or 3 any supervision instruction recom mendation warning or advice given or which should have been given in con nection with item 1. or 2. above. This exclusion applies regardless of whether or not the exposure existence presence contact ingestion inhalation or absorption or any of its effects was sudden accidental gradual intended ex pected unexpected preventable not pre ventable manmade naturally occurring or any combination of the foregoing. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. c. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the ap plicable Limit of Insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or Great American ES Insurance Company suit including actual loss of earnings up to 100 a day because of time off from work.. 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.. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the ap plicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer.. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid of fered 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. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declaration as a. An individual you and your spouse are insured but only with respect to the con duct 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 busi ness.. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insur eds 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 of ficers and directors are insureds but only with respect to their duties as your of ficers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 5 of 9 | 2 |
PL2665507 e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. 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 90th day after you acquire or form the organization or the end of the policy period whichever is earlier and b. coverage does not apply to bodily injury by accident or bodily injury by disease that occurred 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 or joint venture or limited liability company that is not shown as a named insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions 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 Bodily Injury by Accident Each Ac cident Limit shown in the Declarations is the most we will pay for all damages covered by this insurance because of bodily injury by accident to one or more employees in any one accident. 3. The Bodily Injury by Disease Aggregate Limit shown in the Declarations is the most we will pay for all damages covered by this in surance and arising out of bodily injury by disease regardless of the number of em ployees who sustain bodily injury by dis ease. Great American ES Insurance Company 4. Subject to paragraph 3. above the Bodily Injury by Disease Each Employee Limit shown in the Declarations is the most we will pay for all damages because of bodily injury by disease to any one employee. 5. The limits of this Coverage Part apply sepa rately 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 un less the policy period is extended after issu ance 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 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 Claim or Suit a. You must see to it that we or our agent are notified as soon as practicable of a bodily injury by accident or bodily injury by disease which may result in a claim. To the extent possible notice should include 1 how when and where the bodily in jury by accident or bodily injury by disease took place 2 the names and addresses of any in jured persons and witnesses and 3 the nature and location of any injury. 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 re ceived 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. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 6 of 9 | 2 |
PL2665507 c. You and any other involved insured must 1 immediately send us copies of any de mands notices summonses or legal papers received in connection with the injury claim or suit 2 authorize us to obtain records and other information 3 cooperate with us in the investigation settlement or defense of the claim or suit and 4 assist us upon our request in the en forcement of any right against any person or organization which may be liable to the Insured because of injury to which this insurance may also apply. d. No insured shall except at that Insured s own cost voluntarily make a payment as sume any obligation or incur any expense other than for first aid without our con sent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. to join us as a party or otherwise bring us into a suit asking for damages from an 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 re cover 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 Insur ance. An agreed settlement means a settle ment and release of liability signed by us the Insured and the claimant or the claimant s legal representative. 4. Other Insurance a. This insurance is primary except when paragraph b. below applies. Great American ES Insurance Company b. If both this insurance and other insurance apply to the same bodily injury by ac cident or bodily injury by disease then our insurance applies only in excess of all that other insurance regardless of wheth er that other insurance is described as primary excess contributing contingent or otherwise. However our insurance is not excess over other insurance that is bought and issued specifically to apply only in excess of the limits of our insur ance. c. When our insurance is excess over other insurance then we have no duty to defend the Insured against any suit if any other insurer has a duty to defend the Insured against that suit. If no other insurer de fends we will undertake to do so but we will be entitled to the Insured s rights against all those other insurers. d. When our insurance is excess over other insurance we will pay only our share of the amount of the damages to which our insurance applies if any that exceeds the sum of 1 the total amount that all such other insurance would pay for those dam ages in the absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 2 We will share the remaining damages if any with any other insurance that is not described in this Other Insurance provi sion and was not bought and issued spe cifically to apply in excess of the limits of our insurance. 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 ret Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 7 of 9 | 2 |
PL2665507 L.2665507 rospective 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 term 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 ac curate and complete b. those statements are based upon repre sentations 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 Insur ance and any rights or duties specifically as signed 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 no tice of the nonrenewal not less than 30 days before the expiration date. Great American ES Insurance Company If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Bodily injury by accident means bodily in jury sickness or disease sustained by a per son including death resulting from an ac cident. A disease is not bodily injury by ac cident unless it results directly from bodily injury by accident.. Bodily injury by disease means a disease sustained by a person including death. How ever bodily injury by disease does not in clude a disease that results directly from an accident.. 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 bodily injury by accident or bodily injury by disease occurs in the course of travel or transportation between any places included in a. above and c. all other parts of the world but only if the bodily injury by accident or bodily injury by disease arises out of the activities of a person whose home in the territory de scribed in a. above but who is away for a short time on your business provided the bodily injury by accident or bodily injury by disease arises out of and in the course of employment by an insured ei ther i. in operations in Ohio or in operations nec essary or incidental thereto or ii. is sustained while temporarily outside the territory described in a. above arising out of and in the course of employment by the Insured in connection with operations in Ohio.. Criminal act means an act punishable in Ohio under any federal state or local criminal statute ordinance or other law. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 8 of 9 | 2 |
PL2665507. Silica. Suit. Employee includes a leased worker. Em ployee does not include a temporary work er.. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document.. Leased worker means a person leased to you by a labor leasing firm under an agree ment 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. means any type or form of the chemical compound silicon dioxide SiO2 in any form from any source. means a civil proceeding in which damages to which this insurance applies are alleged and which is brought in a court located in the United States of America including its territories and possessions Puerto Rico or Canada. Suit includes a. an arbitration proceeding alleging such damages to which the Insured must submit or submits with our consent and 10. 1. Great American ES Insurance Company b. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent which is commenced conducted and decided in the United States of America including its territories and possessions Puerto Rico or Canada. However suit does not include any pro ceeding brought to enforce or collect on a judgment rendered by any court or tribunal located outside the United States of America including its territories and possessions Puerto Rico and Canada. 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. Workers Compensation Law means the Workers Compensation Law and any Occupa tional Disease Law of Ohio. Workers Com pensation Law does not include the provi sions of any law providing non occupational disability benefits. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 9 of 9 | 2 |
PL2665507 Great American ES Insurance Company RMU 0012 Ed. 1016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OTHER INSURANCE CONDITION PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. SECTION IV 4. Other Insurance is amended to add the following Primary and Noncontributory Insurance This insurance applies in excess of the self insured retention but is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would apply before and would not seek contribution from any other insurance available to the additional insured. This endorsement does not change any other provision of the policy. RMU 0012 Ed. 1016 | 2 |
PL2665507 Great American ES Insurance Company IL 00 17 Ed. 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this Policy are subject to the following conditions. IL 00 17 Ed. 1198 XS A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this Policy by mailing or delivering to the first Named Insured writ ten notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or b. 30 days before the effective date of cancellation 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 effec tive 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 sufficient proof of notice.. Changes This Policy contains all the agreements be tween you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this Policy. C. D. Examination of Your Books and Records We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. Inspections and Surveys 1. We have the right to a. make inspections and surveys at any time b. give you reports on the conditions we find and c. recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommenda tions and any such actions we do under take relate only to insurability and the pre miums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. are safe or healthful or b. comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition ap ply not only to us but also to any rating advisory rate service or similar organiza tion which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. Copyright ISO Properties Inc. 1998 Page 1 of 2 | 2 |
PL2665507 Great American ES Insurance Company E. Premiums The first Named Insured shown in the Dec larations 1. is responsible for the payment of all pre miums and 2. will be the payee for any return premiums we pay. F. Transfer of Your Rights and Duties Under this Policy Your rights and duties under this Policy may not be transferred without our written con sent except in the case of death of an in dividual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal re presentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright ISO Properties Inc. 1998 Page 2 of 2 IL 00 17 Ed. 1198 XS | 2 |
PL2665507 Great American ES Insurance Company RMU 0016 Ed. 1116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT SUBJECT TO A MAXIMUM POLICY AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated Locations Each location owned by or rented to you and shown in the application for insurance submitted to us. Maximum Policy Aggregate Limit 10000000 A. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 1. The Designated Location General Aggregate Limit is the most we will pay for damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY that can be attributed to operations only at any single designated location shown in the Schedule above except damages because of bodily injury or property damage included in the products completed operations hazard. Such payments shall reduce the Maximum Policy Aggregate Limit shown in the Schedule above. Such payments shall not reduce a. The General Aggregate Limit shown in the Declarations or b. Any Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. The limit shown in the Declarations for Each Occurrence continues to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limit will be subject to the applicable Designated Location General Aggregate Limit when the occurrence that caused the bodily injury or property damage can be attributed to operations only at a single designated location shown in the Schedule above. B. The General Aggregate Limit shown in the Declarations continues to apply for any bodily injury or property damage that is not subject to a Designated Location General Aggregate. 1. The General Aggregate Limit is the most we will pay for the sum of a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY except damages within any Designated Location General Aggregate Limit or damages because of bodily injury or property damage included in the products completed operations hazard and Page 1 of 2 RMU 0016 Ed. 1116 | 2 |
b. Damages under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. 2. Such payments shall reduce the Maximum Policy Aggregate Limit shown in the Schedule above. 3. Such payments shall not reduce any Designated Location General Aggregate Limit. 4. The limit shown in the Declarations for Each Occurrence continues to apply and remains subject to the General Aggregate Limit shown in the Declarations when the occurrence that caused the bodily injury or property damage can not be attributed to operations only at a single designated location shown in the Schedule above. 5. The limit shown in the Declarations for Personal and Advertising Injury continues to apply and remains subject to the General Aggregate Limit shown in the Declarations.. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit shown in the Declarations and shall also reduce the Maximum Policy Aggregate Limit shown in the Schedule above.. The Maximum Policy Aggregate is the most we will pay under this policy. For the purposes of this endorsement SECTION V DEFINITIONS is amended to add the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. The provisions of SECTION III LIMITS OF INSURANCE AND SELF INSURED RETENTIONS not otherwise modified by this endorsement continue to apply as stipulated. This endorsement does not change any other provision of the policy. Page 2 of 2 RMU 0016 Ed. 1116 | 2 |
PL2665507 Great American ES Insurance Company AES 3012 Ed. 08 11 GENERAL SERVICE OF SUIT ENDORSEMENT Not applicable in Delaware or Pennsylvania Pursuant to any statute of any state or district of the United States of America that makes provision therefor the Insurer hereby designates the commissioner superintendent or director of insurance or other officer specified for that purpose in the statute and his or her successors in office and duly authorized deputies as the Insurer s true and lawful attorney for service of legal process in any action suit or proceeding brought in the state where this Policy is issued by or on behalf of an insured or beneficiary against the Insurer arising out of the insurance issued under this Policy. Any legal process received by such attorney for service of legal process shall be forwarded except as provided below to the attention of Office of General Counsel PC Legal Group Great American Insurance Group 301 E. 4th Street Cincinnati Ohio 45202. In California any legal process received by the Insurer s statutory attorney for service of process shall be forwarded to the attention of Nancy Flores The CT Corporation System 818 West Seventh Street Los Angeles California 90017 In the District of Columbia any legal process received by the Insurer s statutory attorney for service of process shall be forwarded to CT Corporation System 1015 15th Street NW Suite 1000 Washington DC 20005 In lllinois the Director at his or her option may forward a copy of the process to the Surplus Line Association of lllinois for delivery to the unauthorized insurer or may deliver the process to unauthorized insurer by another means which the Director considers to be reasonably prompt and certain. To be valid the process must state the names of the Insured and the unauthorized insurer and identify the contract of insurance. In Maine the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to CT Corporation System One Portland Square Portland Maine 04101. In Oregon the Insurer and the Insured policyholder hereby agree to waive the provisions of Oregon Insurance Code section 735.490 requiring that service of legal process in any action relating to this Policy shall be served on the insurance agent who registered or delivered this Policy and instead agree that such service of legal process be mailed directly to Office of General Counsel PC Legal Group Great American Insurance Group 301 E. 4th Street Cincinnati Ohio 45202. In Rhode Island the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to CT Corporation System 10 Weybosset Street Providence Rhode Island 02903. The foregoing designations of attorney for service of legal process upon the Insurer shall not constitute a waiver of the Insurer s rights to remove remand dismiss or transfer any suit or proceeding from any court or to commence any suit or other proceeding in any court of competent jurisdiction. Dated 08012011 AES 3012 Ed. 0811 | 2 |
PL2665507 Great American ES Insurance Company IL 72 68 Ed. 09 09 In Witness Clause In Witness Whereof we have caused this Policy to be executed and attested and if required by state law this Policy shall not be valid unless countersigned by our authorized representative. President bl O Cutarit Secretary Copyright Great American Insurance Co. 2009 IL7268GG 0909 IL 72 68 Ed. 0909 | 2 |
PL2665507 Great American ES Insurance Company IL 71 25 Ed. 0311 NAMED INSURED ENDORSEMENT It is agreed that the Named Insured shown in the Declarations is amended to read as follows Kent Sporting Goods Company Inc. Absolute Outdoor Inc. Aqua Sports Company Limited Betlin Inc. Black Sheep Inc. Connelly Skis Inc. Full Throttle Apparel Company HO Sports Company Inc. J Sport Co. Kent Sporting Goods Company Inc. Kent Watersports Asia Limited Mississippi Sportswear Mfg. Co. Motion Water Sports Inc. Motion Water Sports Europe ApS World Asia Industrial Limited Barefoot International Ltd. IL 71 25 Ed. 0311 Page 1 of 1 | 2 |
PL2665507 Great American ES Insurance Company RMU 2004 Ed. 1016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED VENDORS WHEN REQUIRED IN WRITING IN A CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. SECTION Il WHO IS AN INSURED is amended to include as an additional insured any person or organizations referred to throughout this endorsement as vendor with whom you have agreed in writing in a contract or agreement to include as an additional insured on your policy but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business. However the insurance afforded to such vendor 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement Any express warranty unauthorized by you Any physical or chemical change in the product made intentionally by the vendor Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 2004 Ed. 1016 Page 10f 2 | 2 |
PL2665507 Great American ES Insurance Company 1 The exceptions contained in subparagraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to SECTION Ill LIMITS OF INSURANCE AND SELF INSURED RETENTIONS The most we will pay on behalf of the vendor is 1. The amount of insurance required by the contract or agreement minus the amount of damages payable by you within the self insured retention or 2. The amount of insurance available in excess of the self insured retention under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This endorsement does not change any other provision of the policy. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 2004 Ed. 1016 Page 2 of 2 | 2 |
PL2665507 Great American ES Insurance Company AES3020 Ed.05.01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WHO IS AN INSURED BROAD FORM GENERAL ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION Il WHO IS AN INSURED is deleted in its entirety and replaced by the following SECTION Il WHO IS AN INSURED 1. If you are listed as a Named Insured in this policy and you are 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. Atrust 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 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above Page 10f3 | 2 |
PL2665507 Great American ES Insurance Company AES3020 Ed.05.01 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 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. For the purposes of this subparagraph professional health care services do not include incidental medical malpractice. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 4. A partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations will qualify as an insured if you are or were a partner or member and you b. Maintained majority interest Exercised management control or Agreed in writing in a contract or agreement to provide insurance of the type afforded by this policy for the entire partnership joint venture or limited liability company. Page 20f3 | 2 |
PL2665507 Great American ES Insurance Company AES3020 Ed.05.01 However this insurance is excess over any other insurance available to the partnership joint venture or limited liability company whether primary excess contingent or on any other basis. With respect to a partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations or does not qualify as an insured under Paragraph 4. above you are an insured with respect to your liability arising out of the conduct such partnership joint venture or limited liability company. However coverage does not apply with respect to any bodily injury property damage or personal and advertising injury for which other insurance is available to you or would be available but for its termination or the exhaustion of the limits of insurance. This endorsement does not change any other provision of the policy. Page 30f3 | 2 |
PL2665507 Great American ES Insurance Company AES 3020 Ed. 05 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RENEWAL RATE AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions is amended to include the following additional condition Renewal Rate We agree to offer renewal of this policy for the period of September 1 2020 to September 1 2021 at the same rates shown in the Declarations provided that a. Our total paid and reserved loss amounts for the period of September 1 2019 to June 1 2020 are less than 25 of the gross earned premium for the same period b. There has been no deterioration of your financial condition or adverse developments that may affect your financial stability in our sole opinion c. There have been no material changes in your product your work or your operations and d. You have nt received notice of any incidents involving your product that took place during any policy period to which this endorsement applies which resulted in any of the following 1 A fatality 2 Moderate or severe traumatic brain injury 3 Amputation or paralysis lasting longer than 8 weeks. | 2 |
PL2665507 Great American ES Insurance Company IL 73 24 Ed. 08 12 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CLAUSE This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. IL 73 24 Ed. 0812 | 2 |
PL2665507 Great American ES Insurance Company CG 90 29 Ed. 0516 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CLAIMS AND SUITS ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY OR UNFAIR COMPETITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage B Personal and Advertising Injury Liability 2. Exclusions i. Infringement of Copyright Patent Trademark or Trade Secret is deleted and replaced by the following i. Claim or Suit Alleging Infringement of Intellectual Property 1 Any claim or suit that alleges personal and advertising injury arising out of any actual alleged or threatened misappropriation infringement or violation of any intellectual property or intellectual property right or law of any description including but not limited to any of the following a k U copyright patent trademark trade name trade secret trade dress service mark slogan service name description of origin source authorship authenticity or quality other right to or law recognizing an interest in any expression idea likeness name style of doing business symbol or title or Any other intellectual property right or law. This exclusion applies to our duty to defend and our duty to pay damages whether such misappropriation infringement or violation is committed in your advertisement or otherwise. CG 90 29 Ed. 0516 Page 1 of 2 | 2 |
PL2665507 Great American ES Insurance Company B. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury Liability 2. Exclusions Claim or Suit Alleging Violation of Laws Concerning Unfair Competition or Similar Laws 1. Any claim or suit that alleges personal and advertising injury arising out of any actual alleged or threatened violation of any statutes common law or other laws or regulations concerning unfair competition antitrust restraint of trade piracy unfair trade practices or any similar laws or regulations. 2. Any personal and advertising injury alleged in a claim or suit that also alleges any actual alleged or threatened violation of any statutes common law or other laws or regulations concerning unfair competition antitrust restraint of trade piracy unfair trade practices or any similar laws or regulations. This exclusion applies to our duty to defend and our duty to pay damages whether such misappropriation infringement or violation is committed in your advertisement or otherwise. C. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 2. Exclusions Claim or Suit Alleging Infringement of Intellectual Property or Violation of Laws Concerning Unfair Competition or Similar Laws Any bodily injury or property damage alleged in any claim or suit that also alleges any 1. misappropriation infringement or violation of any intellectual property or intellectual property right or law described in paragraph 1 of COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions I. Claim or Suit Alleging Infringement of Intellectual Property or 2. violation of any statute common law or other laws or regulations described in COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions Claim or Suit Alleging Violation of Laws Concerning Unfair Competition or Similar Laws. D. The following exclusions are added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage C Medical Payments 2. Exclusions Claim or Suit Alleging Infringement of Intellectual Property or Violation of Laws Concerning Unfair Competition or Similar Laws Any medical expenses alleged in any claim or suit that also alleges any a. misappropriation infringement or violation of any intellectual property or intellectual property right or law described in paragraph 1 of COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions I. Claim or Suit Alleging Infringement of Intellectual Property or b. violation of any statute common law or other laws or regulations described in COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions Claim or Suit Alleging Violation of Laws Concerning Unfair Competition or Similar Laws. All other policy terms and conditions remain unchanged. 0 29 Ed. 0516 Page 2 of 2 CG 90 29 Ed. 0516 | 2 |
PL2665507 Great American ES Insurance Company CG 21 07 Ed. 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of SECTION COVERAGE A Bodily Injury and Property Damage Li ability is replaced by the following 2. Exclusions This insurance does not apply to p. Access or Disclosure of Confiden tial or Personal Information and Data related Liability Damages arising out of 1 any access to or disclosure of any person s or organization s confidential or personal informa tion including patents trade se crets processing methods cus tomer lists financial information credit card information health in formation or any other type of nonpublic information or 2 the loss of loss of use of dam age to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense in curred by you or others arising out of that which is described in paragraph 1 or 2 above. As used in this exclusion electronic data means information facts or pro grams 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 elec tronically controlled equipment. B. The following is added to paragraph 2. Exclu sions of SECTION COVERAGE B Per sonal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Access or Disclosure of Confidential or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods cus tomer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit mon itoring expenses forensic expenses pub lic relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confi dential or personal information. Copyright Insurance Services Office Inc. 2013 CG 21 07 Ed. 0514 | 2 |
PL2665507 Great American ES Insurance Company ESG 1010 Ed. 0816 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION AIRCRAFT PRODUCTS AND GROUNDING LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions Aircraft Products and Grounding Liability Any bodily injury or property damage arising out of or related in any way to 1. aircraft products 2. grounding of any aircraft or 3. missiles rockets satellites or spacecraft. B. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B. Personal and Advertising Injury Liability 2. Exclusions Aircraft Products and Grounding Liability Any personal and advertising injury arising out of or related in any way to 1. aircraft products 2. grounding of any aircraft or 3. missiles rockets satellites or spacecraft. C. The following definitions are added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION V DEFINITIONS of the Occurrence Form and SECTION VI DEFINITIONS of the Claims Made Form 1. Aircraft products means aircraft or any ground support or control equipment used in relation to aircraft including a. any aircraft parts b. any products installed in or on aircraft c. any goods or products used in connection with an aircraft and d. ground handling tools and equipment. ESG 1010 Ed. 0816 Page 1 of 3 | 2 |
PL2665507 Great American ES Insurance Company Aircraft products also includes any a. tooling used in the manufacture of any such parts goods products tools or equipment b. representations or warranties made with respect to any such parts goods products tools or equipment c. training aids instructions manuals blueprints engineering and other data engineering reports for any such parts goods products tools or equipment and d. other advice services and labor relating to any such parts goods products tools or equipment. 2. Grounding means the withdrawal of an aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the actual alleged or suspected existence of any defect fault or condition of aircraft products. D. The following exclusion is added to PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS 2. Exclusions Aircraft Products and Grounding Liability Any bodily injury or property damage arising out of or related in any way to 1. aircraft products 2. grounding of any aircraft or 3. missiles rockets satellites or spacecraft. E. The following definitions are added to PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION V DEFINITIONS of the Occurrence Form and SECTION VI DEFINITIONS of the Claims Made Form 1. Aircraft products means aircraft or any ground support or control equipment used in relation to aircraft including a. any aircraft parts b. any products installed in or on aircraft c. any goods or products used in connection with an aircraft and d. ground handling tools and equipment. Aircraft products also includes any a. tooling used in the manufacture of any such parts goods products tools or equipment b. representations or warranties made with respect to any such parts goods products tools or equipment c. training aids instructions manuals blueprints engineering and other data engineering reports for any such parts goods products tools or equipment and ESG 1010 Ed. 0816 Page 2 of 3 | 2 |
PL2665507 Great American ES Insurance Company d. other advice services and labor relating to any such parts goods products tools or equipment. Grounding means the withdrawal of an aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the actual alleged or suspected existence of any defect fault or condition of aircraft products. This endorsement does not change any other provision of the policy. ESG 1010 Ed. 0816 Page 3 of 3 | 2 |
PL2665507 Great American ES Insurance Company IL 70 69 Ed. 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS COVERAGE PART OWNER AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART FARM COVERAGE PART This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or related in any way to asbestos asbestos containing materials or asbestos containing products. We shall not have the duty to defend any such claim or suit. IL 70 69 Ed. 0316 | 2 |
PL2665507 Great American ES Insurance Company CG 2133 Ed. 1185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Designated Products All products manufactured distributed or sold by Northsports Inc DBA Aquaglide prior to August 15 2018. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance does not apply to bodily injury or property damage included in the products completed operations hazard and arising out of any of your products shown in the Schedule. Insurance Services Office Inc. 1984 Page 1 of 1 CG 2133 Ed. 1185 | 2 |
PL2665507 Great American ES Insurance Company CG 21 47 Ed. 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to paragraph 2. Exclusions of Section Coverage A Bodily Injury and Property Damage Liability This insurance does not apply to Bodily injury to 1 a person arising out of any a refusal to employ that person b termination of that person s employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices de scribed in paragraphs a b or c above is directed. This exclusion applies 1 whether the injury causing event de scribed in paragraphs a b or c above occurs before employment during employment or after employ ment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to paragraph 2. Exclusions of Section Coverage B Personal and Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 a person arising out of any a refusal to employ that person b termination of that person s employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of per sonal and advertising injury to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies 1 whether the injury causing event de scribed in paragraphs a b or c above occurs before employment during em ployment or after employment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay dam ages because of the injury. Copyright ISO Properties Inc. 2006 CG 21 47 Ed. 1207 XS | 2 |
PL2665507 Great American ES Insurance Company CG 21 67 Ed. 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to paragraph 2. Exclusions of SECTION Coverage A Bodily Injury and Property Damage Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of in gestion of contact with exposure to existence of or presence 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 con tributed concurrently or in any se quence to such injury or damage.. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating 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 en tity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. B. The following exclusion is added to paragraph 2. Exclusions of SECTION Coverage B Personal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bac teria on or within a building or struc ture including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating 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 en tity. C. The following definition is added to the Defi nitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Copyright ISO Properties Inc. 2003 CG 21 67 Ed. 1204 XS | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.