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COMMERCIAL GENERAL LIABILITY CG 21320509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. 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 Communicable Disease Bodily injury or property damage arising out of the actual or alleged transmission of a com municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the dis ease or d. Failure to report the disease to authorities. Exclusions of Section Coverage B Person al And Advertising Injury Liability 2. Exclusions This insurance does not apply to Communicable Disease Personal and advertising injury arising out of the actual or alleged transmission of a commu nicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the dis ease or d. Failure to report the disease to authorities. CG 21 3205 09 Insurance Services Office Inc. 2008 Page 1 0of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21700115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21760115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE COVERAGE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured And Mailing Address Policy Period Description Of Business And Location Coverages And Limits Of Insurance SECTION COVERAGES Coverage A Bodily Injury And Property Damage Liability Coverage B Personal And Advertising Injury Liability Coverage C Medical Payments Supplementary Payments..................... SECTION Il WHO ISAN INSURED............ SECTION Il LIMITS OF INSURANCE................ it Insuring Agreement. Exclusions Insuring Agreement.............. Exclusions Insuring Agreement. Exclusions SECTION IV COMMERCIAL GENERAL LIABILITYCONDITIONS........................... Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us Other Insurance.. Premium Audit. Representations Separation Of Insureds..................... Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew... SECTIONV DEFINITIONS.................. COMMON POLICY CONDITIONS Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS If Any Beginning on Page CG700310 13 Page 10f 1 | 2 |
Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED PROPERTY DAMAGE COVERAGE Schedule Limits of Insurance Deductible 5000 Each Occurrence 250 Per Claim 25000 Annual Aggregate Insuring Agreement We will pay for loss to personal property of others including the loss of use of such property while in your care custody or control or personal property over which you for any purpose are exercising physical control when 1. loss arises out of operations away from your premises 2. loss is incidental to your normal business operations and 3. you have property damage liability coverage for that business under the coverage form to which this endorse ment is attached. Loss means unintentional damage or destruction but does not include disappearance or obstruction. Exclusions The coverage under this endorsement does not apply to loss to 1. property held by you for servicing repair storage or sale on premises you own rent occupy or otherwise con trol 2. property while being transported by or caused by the ownership maintenance operation use loading or un loading of any automobile watercraft or aircraft 3. property you own rent or occupy 4. real property. Limit of Insurance The limit of insurance stated in the Schedule of Limits as each occurrence is the most we will pay for all damages on account of each claim or suit covered under this endorsement. The limit of insurance stated in the Schedule of Limits as Annual Aggregate is subject to the above provision respecting each claim the total limit of our liability for all damages under this endorsement in any one policy period. Deductible We will not be liable on account of any loss except to the extent such loss is in excess of the deductible amount stated in the Schedule of Limits with the insurance then applying to such excess only subject otherwise to the appli cable limits of insurance. The terms of the policy with respect to your duties in the event of occurrence claim or suit and our right to investi gate negotiate and settle any claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you will promptly reimburse us for any part of the deductible amount as has been paid by us. Settlement In the event of loss covered by this endorsement you will if requested by us replace the property or furnish the labor and materials necessary for repairs at actual cost to you excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced at our option becomes our property. Payment will not constitute an admission of any liability on your part. Other Insurance If any other insurance carried by you applies to a loss covered by this endorsement this endorsement will not ap ply. Nothing herein contained will be held to alter vary or waive any of the agreements conditions or declarations of this policy except as herein stated. Form CG7141 Ed. 5 90 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Il Who Is An Insured is amended to include as an additional insured 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such persons or organizations is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by a. Your acts or omissions or b. The acts or omissions of those acting on your behalf in the performance of a. your ongoing operations for the additional insured or b. Your work for the additional insured and included in the products completed operations hazard. However the insurance afforded to such additional insured described above a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.. With respect to the insurance afforded to these additional insureds the exclusion applies This insurance does not apply to bodily injury property damage and personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports following additional E. This endorsement modifies the insurance provided under the following surveys field orders change orders or drawings and specifications or b. Supervisory inspection engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by the insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or described in Paragraph A.1. or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. The following is added to the Other Insurance Condition and supersedes any provision to the contrary Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. architectural or agreement CG7174.310 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE Section Ill applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office Inc. with its permission. Form CG7429 Ed. 11 98 Copyright Insurance Services Office Inc. 1984 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Section Coverage A Exclusion a. is amended as follows a. Bodily injury or property damage expected or intended from the standpoint of an insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. NON OWNED WATERCRAFT Section Coverage A Exclusion g.2 is amended as follows 2 A watercraft you do not own that is a Less than 60 feet long and b Not being used to carry persons or property for a charge EXTENDED PROPERTY DAMAGE COVERAGE Section Coverage A Exclusions j.3 and 4 is amended to add the following Paragraphs 3 and 4 of this exclusion do not apply to tools or equipment loaned to you provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible 5000 Each Occurrence 250 Per Claim 10000 Annual Aggregate a. The each occurrence limit listed above is the most we will pay for all damages because of property damage to property in the care custody and control of or property loaned to an insured as the result of any one occurrence regardless of the number of 1 insureds 2 claims made or suits brought 3 persons or organizations making claims or bringing suits. The aggregate limit listed above is the most we will pay for all damages because of property damage to property in the care custody and control of or property loaned to an insured during the policy period. Any payment we make for damages because of property damage to property in the care custody and control of or property loaned to an insured will apply against the General Aggregate Limit shown in the declarations. b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification by us you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one occurrence only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance whether primary excess contingent or any other basis. Since insurance provided by this endorsement is excess we will have no duty to defend any claim or suit to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. PROPERTY DAMAGE ELEVATORS Section Coverage A.2. Exclusions paragraphs j3 j4 j.6 and k. do not apply to use of elevators. This insurance afforded by this provision is excess over any valid and collectible property insurance including any deductible available to the insured and Section IV Commercial General Liability Conditions Paragraph 4. Other Insurance is changed accordingly. CGT5782 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f6 | 2 |
FIRE LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term hostile fire the word fire includes fire lightning or explosion wherever it appears in the Coverage Form. Under Section Coverage A the last paragraph after the exclusions is replaced with the following Exclusions c. through n. do not apply to damage by fire smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits of Insurance. MEDICAL PAYMENTS If Section Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form The requirement in the Insuring Agreement of Coverage C. that expenses must be incurred and reported to us within one year of the accident date is changed to three years.. SUPPLEMENTARY PAYMENTS Supplementary Payments Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following 1.b. Up to 5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. SUBSIDIARIES AS INSUREDS Section Il Who Is An Insured is amended to add the following 1.f. Any legally incorporated subsidiary in which you own more than 50 of the voting stock on the effective date of this policy. However insured does not include any subsidiary that is an insured under any other general liability policy or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy s limits of liability. BLANKET ADDITIONAL INSUREDS AS REQUIRED BY CONTRACT 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations subject to provisions in Paragraph 2. below hereinafter referred to as additional insured when you and such persons or organizations have agreed in a written contract or written agreement that such persons or organizations be added as an additional insured on your policy provided that the written contract or agreement is a. Currently in effect or becomes effective during the policy period and b. Executed prior to an occurrence or offense to which this insurance would apply. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Wil not be broader than that which you are required by the contract or agreement to provide for such additional insured and c. Applies only if the person or organization is not specifically named as an additional insured under any other provision of or endorsement added to Section Il Who Is An Insured of this policy. As provided herein the insurance coverage provided to such additional insureds is limited to a. Any Controlling Interest but only with respect to their liability arising out of their financial control of you or premises they own maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. b. Any architect engineer or surveyor engaged by you but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In connection with your premises or 2 In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to bodily j property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. CG75782 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 6 | 2 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional services by or for you. Any manager or lessor of a premises leased to you but only with respect to liability arising out of the ownership maintenance or use of that part of a premises leased to you subject to the following additional exclusions This insurance does not apply to 1 Any occurrence which takes place after you cease to be a tenant in that premises. 2 Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Any state or governmental agency or subdivision or political subdivision subject to the following 1 This insurance applies only with respect to the following hazards for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own rent or control and to which this insurance applies a The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures or b The construction erection or removal of elevators or c The ownership maintenance or use of any elevators covered by this insurance. 2 This insurance applies only with respect to operations performed by you or on your behalf for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to a Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or Bodily injury or property damage included within the products completed operations hazard. Any vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business. With respect to the insurance afforded to these vendors the following additional exclusions apply 1 The insurance afforded any vendor does not apply to a Bodily injury or property damage for which any vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that any vendor would have in the absence of the contract or agreement Any express warranty unauthorized by you Any physical or chemical change in the product made intentionally by any vendor Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container Any failure to make such inspections adjustments tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Demonstration installation servicing or repair operations except such operations performed at any vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for any vendor or b b c d e g CGT5782 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 6 | 2 |
h Bodily injury or property damage arising out of the sole negligence of any vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to The exceptions contained in Subparagraphs d or f or ii Such inspections adjustments tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. Any Mortgagee Assignee Or Receiver but only with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. Any Owners Or Other Interests From Whom Land Has Been Leased but only with respect to liability arising out of the ownership maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds the following additional exclusions apply 1 This insurance does not apply to Any occurrence which takes Any hich tak place after you cease to lease that land or b Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Any person or organization from whom you lease equipment but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. Any Owners Lessees or Contractors for whom you are performing operations but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1 Your acts or omissions or 2 The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured. A person s or organization s status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. 2 Bodily injury or property damage occurring after CG75782 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 6 | 2 |
a All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. j Any Grantor of Licenses to you but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when 1. The license granted to you by such persons or organizations expires or 2. Your license is terminated or revoked by such persons or organizations prior to expiration of the license as stipulated by the contract or agreement. k. Any Grantor of Franchise but only with respect to their liability as grantor of a franchise to you. I. Any Co owner of Insured Premises but only with respect to their liability as co owner of any insured premises. m. Any Concessionaires Trading Under Your Name but only with respect to their liability as a concessionaire trading under your name. Any insurance provided to any additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of the sole negligence or willful misconduct of the additional insured or its agents employees or any other representative of the additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits of Insurance If coverage provided to any additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. b This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. COVERAGE FOR INJURY TO CO EMPLOYEES AND OR YOUR OTHER VOLUNTEER WORKERS Section Il Who is an Insured Paragraph 2.a. 1 is amended to add the following e. Paragraphs a b and c do not apply to your employees or volunteer workers with respect to bodily injury to a coemployee or other volunteer worker. Damages owed to an injured coemployee or volunteer worker will be reduced by any amount paid or available to the injured co employee or volunteer worker under any other valid and collectible insurance. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS INCIDENTAL MALPRACTICE Section Il Who is an Insured Paragraph 2.a. 1 d is amended as follows This provision does not apply to Nurses Emergency Medical Technicians or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section Il Who Is An Insured Paragraph 3.a. is replaced by the following 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements.. DAMAGE TO PREMISES RENTED TO YOU Section lll Limits of Insurance Paragraph 6. is replaced by the following Subject to 5.a. above the Damage To Premises Rented To You Limit or 500000 whichever is higher is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire smoke or leakage from automatic protection systems while rented to you or temporarily occupied by you with permission of the owner. MEDICAL PAYMENTS INCREASED LIMITS Section lll Limits of Insurance Paragraph 7. is replaced by the following 7. Subject to Paragraph 5. above 10000 is the Medical Expense Limit we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person unless the amount shown on the Declarations of this Coverage Part for Medical Expense Limit states CGT5782 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 6 | 2 |
CG75782 19 a No Coverage or b 1000 or c 5000 or d Alimit higher than 10000. O. DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Conditions Paragraph 2. is amended to add the following e. The requirement in Condition 2.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to 1 You if you are an individual or a limited liability company 2 Apartner if you are a partnership 3 A member or manager if you are a limited liability company 4 An executive officer or insurance manager if you are a corporation or 5 Atrustee if you are a trust. f. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to 1 You if you are an individual or a limited liability company 2 A partner if you are a partnership 3 A member or manager if you are a limited liability company 4 An executive officer or insurance manager if you are a corporation or 5 Atrustee if you are a trust. P. PRIMARY AND NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION Section IV Commercial General Liability Conditions Paragraph 4. Other Insurance is amended to add the following This insurance is primary to and wil not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However if the additional insured has been added as an additional insured on other policies whether primary excess contingent or on any other basis this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. Q. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Conditions Paragraph 6. Representations is amended to add the following If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under the Coverage Form solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy.. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV Commercial General Liability Condition Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 1. Your ongoing operations or 2. Your work included in the products completed operations hazard. However this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. Is in effect or becomes effective during the term of this policy and 2. Was executed prior to loss. MENTAL ANGUISH Section V Definition 3. is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from bodily injury sickness or disease. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 6 Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 6 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CGT6442 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named Of Additional Insured Persons Or Organizations Locationss And Description Of Completed Operations Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Il Who is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. CGT694M1 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named Of Additional Insured Persons Or Organizations Locationss Of Covered Operations Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or additional insureds the following additional organizations shown in the Schedule but only exclusions apply with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or 1. Your acts or omissions or equipment furnished in connection with such 2. The acts or omissions of those acting on your work on the project other than service behalf maintenance or repairs to be performed by or in the performance of your ongoing operations for tzehalffofh the addltonal miureds a the the additional insureds at the locations loca Imt g covered operations has been designated above. completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi pal as a part of the same project. CGT695M1 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
IL 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. 2 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 m | 2 |
IL02591217 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substantially increased Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment 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 registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail 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 Cancellaton Common Policy Condition does not apply. Insurance Services Office Inc. 2017 Page 1 of 2 IL 02591217 | 2 |
C. The following is added and supersedes any provisions 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 expiration date of this policy. 2. Any notice of nonrenewal will be mailed by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 Insurance Services Office Inc. 2017 IL02591217 | 2 |
NNNNNNNNN MEMC Employers Mutual Casualty Company NONASSESSABLE POLICY MUTUAL PROVISIONS Corporate Office Des Moines lowa The Insured shall not be liable for any assessment under this policy. By acceptance of this policy the Named Insured becomes a member of the Company and shall be entitled to vote at all meetings of the Company and shall upon termination of this policy participate in the distribution of dividends as fixed and determined by the directors in accordance with law. The annual meeting of the members i held at the Corporate Office of the Company in Des Moines lowa at 930 a.m. Central time on the second Wednesday in February of each year. IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President MEMC MEMC EMCASCO Insurance Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Ul Todd A Strother Secretary Scott R. Jean President Union Insurance Company of Providence Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. i HT cjj Todd A Strother Secretary Scott R. Jean President MEMC llinois EMCASCO Insurance Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President MEMC Dakota Fire Insurance Company Corporate Office Bismarck North Dakota IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President Corporate Office Des Moines lowa Corporate Office Des Moines lowa Corporate Office Des Moines lowa 1L70043 20 Page 10f 2 | 2 |
MNEMC EMC Property Casualty Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. i A j Todd A Strother Secretary Scott R. Jean President MENC Employers Mutual Casualty Company MUTUALS MEMBERSHIP AND VOTING NOTICE Corporate Office Des Moines lowa Applicable in the State of Texas The Insured is notified that by virtue of this policy the Insured is a member of the Employers Mutual Casualty Company of Des Moines lowa and is entitled to vote either in person or by proxy at any and all meetings of said Company. The Annual Meetings are held in its Corporate Office Des Moines low on the second Wednesday of February in each year at 930 am. Central time. MUTUALS PARTICIPATION CLAUSE WITHOUT CONTINGENT LIABILITY No Contingent Liability This policy is non assessable. The policyholder is a member of the Company and shall participate to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law in the distribution of dividends so fixed and determined. IN WITNESS WHEREOF this Company has executed and attested these presents. f Todd A Strother Secretary Scott R. Jean President Corporate Office Des Moines lowa 1L70043 20 Page 20f 2 | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L70285 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US DESIGNATED ENTITY SCHEDULE 1. Name of Entity 2. Mailing Address 3. Number of Days Notice Information required to complete this Schedule if not shown above will be shown in the Declarations. If we cancel this policy by notice to the first Named Insured for any statutorily permitted reason other than nonpayment of premium notice of such cancellation will be provided to the entity in the Schedule at least the number of days in advance of the cancellation effective date also as shown in the Schedule. If notice is mailed proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. Failure to provide such notice to the designated entity will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us our agents or our representatives. 1L73385 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSONS OR ORGANIZATIONS WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions If we cancel this policy by notice to the first Named Insured for any statutorily permitted reason other than for non payment of premium notice of such cancellation will be provided at least thirty 30 days in advance of the cancellation effective date to any persons or organizations with whom you have agreed in a written contract or agreement to provide such persons or organizations with a notice of cancellation but only if 1. You have provided the name and address of such persons or organizations to your authorized agent and 2. Your authorized agent provides us with that list within three 3 business days from the date we request it from them. If notice is mailed proof of mailing to the last known mailing address of such persons or organizations will be sufficient proof of notice. Failure to provide such notice to such persons or organizations will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us our agents or our representatives. IL74475 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
ASBESTOS NOTICE The Asbestos Exclusion attached to this policy clarifies our intent not to provide this coverage. It should be noted that by virtue of the Pollution Exclusion little if any coverage is thought to have existed previously. Involvement with asbestos exposures should be directed to highly skilled asbestos contractors andor consultants that have specialized insurance programs. EMC Insurance Companies Form IL8021 Ed. 4 88 | 2 |
COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim or attempt to settle a claim on your own you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 MMSEA P.L. 110 173 go to httpgo.cms.govmirnghp or consult with your attorney. 1L857610 17 Page 1 0f 1 | 2 |
INTERLINE COMMUNICABLE DISEASE EXCLUSION ENDORSEMENT IMPORTANT NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice nor can it be construed to replace any provisions of your policy including its endorsements. If there is any conflict between this Notice and the policy including its endorsements THE PROVISIONS OF THE POLICY INCLUDING ITS ENDORSEMENTS SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. Please contact your agent to discuss any questions. This Notice provides information concerning one or more of the following new endorsements applies to your renewal policy being issued by us BP1486 Communicable Disease Exclusion Endorsement CA2557 Communicable Disease Exclusion Endorsement CG2132 Communicable Disease Exclusion Endorsement CU2158 Communicable Disease Exclusion Endorsement When any of the above Communicable Disease Exclusion endorsements are attached to your policy coverage is excluded for liability arising out of the actual or alleged transmission of a communicable disease. The attachment of any of these endorsements may result in a reduction of coverage. The purpose of these new endorsements is to make clear the original coverage intent and to match our reinsurance programs as closely as possible. 1L876310 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CGP0150413 2012 GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 000104 13 AND CG 00 02 04 13 I. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. Il. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. CGP0150413 Page 1of 7 Insurance Services Office Inc. 2012 | 2 |
Ill. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 00090413 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 003304 13 AND CG 00 33 04 13 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. CG 00 35 04 13 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. Page 20of 7 Insurance Services Office Inc. 2012 CGP0150413 | 2 |
PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 0037 04 13 AND CG 00 38 04 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 00 39 04 13 POLLUTION LIABILITY COVERAGE FORM DESIGNATED SITES CG 00 40 04 13 POLLUTION LIABILITY LIMITED COVERAGE FORM DESIGNATED SITES I. EXCLUSIONS A. BROADENING OF COVERAGE Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES Exclusion Aircraft Auto Rolling Stock Or Watercraft is generally revised to reinforce that the 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. The exclusion is also revised to express that a land motor vehicle subject to compulsory or financial responsibility laws or other motor vehicle insurance laws will not be covered with respect to its over the road exposures. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.j. Aircraft Auto Rolling Stock Or Watercraft is revised to delete reference to in the state. CG 00 40 only 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CGP0150413 Insurance Services Office Inc. 2012 Page 3 of 7 | 2 |
CG 00 42 04 13 UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.i. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. CG 00 65 04 13 ELECTRONIC DATA LIABILITY COVERAGE FORM EXCLUSIONS OTHER CHANGES Exclusion 2.g. Infringement Of Intellectual Property Rights is revised to delete the exception pertaining to the use of another s advertising idea. MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. 2. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parties whom the named insured is obligated in writing in a contract or agreement to name as an additional insured. 3. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations. 4. Liquor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced to provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. B. REDUCTIONS OF COVERAGE 1. Additional Insured Users Of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. 2. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises 1 CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part 1 CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part 1 CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part 1 CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part Page4of 7 Insurance Services Office Inc. 2012 CGP0150413 | 2 |
3. Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement. 4. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. 2. Primary And Noncontributory Other Insurance Condition Endorsement CG 20 01 is introduced to revise the Other Insurance Condition to indicated that coverage is provided to an additional insured on a primary and noncontributory basis provided that certain requirements are met. 3. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less 1 CG 20 03 Additional Insured Concessionaires Trading Under Your Name 1 CG 20 05 Additional Insured Controlling Interest 1 CG 20 07 Additional Insured Engineers Architects Or Surveyors 1 CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization 1 CG 20 11 Additional Insured Managers Or Lessors Of Premises 1 CG 20 12 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations 1 CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises CG 20 15 Additional Insured Vendors CG 20 18 Additional Insured Mortgagee Assignee Or Receiver CG 20 23 Additional Insured Executors Administrators Trustees Or Beneficiaries CG 20 24 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased CG 20 26 Additional Insured Designated Person Or Organization CG 20 27 Additional Insured Co owner Of Insured Premises CG 20 28 Additional Insured Lessor Of Leased Equipment CG 20 29 Additional Insured Grantor Of Franchise CG 20 30 Oil Or Gas Operations Nonoperating Working Interests CG 20 31 Additional Insured Engineers Architects Or Surveyors CG 20 32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured 1 CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CGP0150413 Page 5 of 7 Insurance Services Office Inc. 2012 | 2 |
CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor CG 20 36 Additional Insured Grantor Of Licenses CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations CG 29 35 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations. Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured 1 CG 21 16 Exclusion Designated Professional Services 1 CG 21 52 Exclusion Financial Services 1 CG 21 56 Exclusion Funeral Services 1 CG 21 57 Exclusion Counseling Services 1 CG 21 58 Exclusion Professional Veterinarian Services 1 CG 21 59 Exclusion Diagnostic Testing Laboratories 1 CG 22 24 Exclusion Inspection Appraisal And Survey Companies 1 CG 22 32 Exclusion Professional Services Blood Banks 1 CG 22 33 Exclusion Testing Or Consulting Errors And Omissions 1 CG 22 34 Exclusion Construction Management Errors And Omissions 1 CG 22 36 Exclusion Products And Professional Services Druggists 1 CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments 1 CG 22 39 Exclusion Camps Or Campgrounds 1 CG 22 43 Exclusion Engineers Architects Or Surveyors Professional Liability 1 CG 22 44 Exclusion Services Furnished By Health Care Providers 1 CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services 1 CG 22 48 Exclusion Insurance And Related Operations 1 CG 22 69 Druggists 1 CG 22 71 Colleges Or Schools Limited Form 1 CG 22 72 Colleges Or Schools 1 CG 22 75 Professional Liability Exclusion Computer Software 1 CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities 1 CG 22 77 Professional Liability Exclusion Computer Data Processing 1 CG 22 79 Exclusion Contractors Professional Liability 1 CG 22 80 Limited Exclusion Contractors Professional Liability 1 CG 22 87 Exclusion Adult Day Care Centers 1 CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services 1 CG 22 90 Professional Liability Exclusion Spas or Personal Enhancement Facilities 1 CG 22 91 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions 1 CG 22 96 Limited Exclusion Personal And Advertising Injury Lawyers Page 6 of 7 CGP0150413 Insurance Services Office Inc. 2012 | 2 |
10. 11. 12. 13. 14. 15. 1 CG 22 98 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions 1 CG 22 99 Professional Liability Exclusion Web Site Designers 1 CG 23 01 Exclusion Real Estate Agents Or Brokers Errors Or Omissions 1 CG 31 15 Construction Project Management Protective Liability Coverage. Exclusion Volunteer Workers Endorsement CG 21 66 is revised to delete reference to in the state from Exclusion 2.g. Aircraft Auto Or Watercraft.. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel.. Pesticide Or Herbicide Applicator Coverage Endorsements CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Herbicide Applicator Limited Pollution Coverage endorsements and Lawn Care Services Limited Pollution Coverage.. Real Estate Property Managed Endorsement CG 22 70 is revised to reinforce that the insurance provided is excess over any other insurance available whether such insurance is primary or excess.. Colleges Or Schools Endorsements CG 22 71 and CG 22 72 are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Part and the Railroad Protective Liability Coverage Part. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of the tort liability is permitted by law. Designated Locationss Aggregate Limit Endorsement CG 25 14 is introduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Principals Protective Liability Coverage Endorsement CG 28 07 is revised to delete reference to in the state from Exclusion 2.c.1ei. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol 1 CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part 1 CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part 1 CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part 1 CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part CGP0150413 Insurance Services Office Inc. 2012 Page 7 of 7 | 2 |
General Liability Policy Declarations ACE USA Bankers Standard Insurance Company 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 Century Indemnity Company 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 ACE Fire Underwriters Insurance Company 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 XI ACE American Insurance Company 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 ACE Property and Casualty Insurance Company 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 Indemnity Insurance Company of North America 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 Insurance Company of North America 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 Pacific Employers Insurance Company 436 Walnut Street PO Box 1000 Philadelphia Pennsylvania 19106 3703 NAMED INSURED AND ADDRESS POLICY IDENTIFICATION PMG G24918142 002 PRIOR POLICY NO. OR NEW G24918142 001 Nautilus Solar Energy LLC 396 Springfield Avenue 2nd Floor Summit NJ 07901 Producer Code 115579 Lockton Companies LLC 444 West 47th Street Suite 900 Kansas City MO 64112 1906 Marketing Office CGU Market Hazard Code Piic Code 4911 Industry Code POLICY IS Renewal OF PMG G24918142 001 NAMED INSURED IS BUSINESS OF INSURED POLICY PERIOD Limited Liability Company Electric Services FROM 06242013 TO 06242014 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE PREMIUM PAYMENT CONDITIONS AUDIT PERIOD PAYMENT FREQUENCY PAYMENT SCHEDULE TOTAL ADVANCE PREMIUM Annual Annual Due at Inception 10967 PREMIUMS RESULTING FROM AUDIT AND ANY APPLICABLE STATE SURCHARGES OR ASSESSMENTS SHOWN BELOW ARE NOT INCLUDED IN THE ABOVE. LD8E00B 896 Printed in the U.S.A. merica 03 ey 96 Springfield Avenue 2nd Floor ummit NJ 07901 nan nan nan nan 900.0 AMED INSURED IS USINESS OF INSURED OLICY PERIOD E PR e T e VU T mpany TO 06242014 AYMENT FREQUENCY Annual AYMENT SCHEDULE Due at In Annual Due at Inception 10967 | 2 |
POLICY IDENTIFICATION DECLARATIONS GENERAL LIABILITY POLICY Page 2 PMG G24918142 002 98.70 NJ Property Liabili TOTAL ADVANCE PREMIUM 11065.70 INCLUDING ALL STATE SURCHARGES AND ASSESSMENTS COVERAGES AND LIMITS OF INSURANCE limits shown subject to all of the terms and conditions of this policy Coverage Form COMMERCIAL GENERAL LIABILITY Each Occurrence Limit Damage to Premises Rented to You Limit Medical Expense Limit any one person or organization Personal Advertising Injury Limit General Aggregate Limit other than Products Completed Operations Products Completed Operations Aggregate Limit Per Location General Aggregate In retun for the payment of premium indicated above we agree with you to provide the following coverages at the Limits of Insurance 1000000 500000 10000 1000000 5000000 2000000 2000000 SCHEDULE OF LOCATIONS LOCATION NUMBER AND ADDRESS As per schedule on file with Company TE SURCHARGES AND ASSESSMENTS Limits of Insurance RAL LIABILITY e Limit 1000000 nises Rented to You Limit 500000 e Limit any one person or organization 1 Limits of Insurance Wl I i Al AdliyYe As per schedule on file with Company LD2F52b ED. 1001 Printed in U.S.A. AA067274a | 2 |
POLICY IDENTIFICATION DECLARATIONS GENERAL LIABILITY POLICY Page 3 PMG G24918142 002 SCHEDULE OF COVERAGES COVERAGE PART Location Coverage Class Code Premium Exposure Rate Premium Number Classification Description Basis Kllowggt 25931008 0.422 10967 lours TOTAL PREMIUM FOR THIS COVERAGE PART 10967 When used as a premium basis the following code definitions apply A Area Per 1000 square feet of area C Total Cost per 1000 of total cost D If Any E Admissions per 1000 admissions F Flat Charge J Total Operating Expenditures per 1000 of Expenditures XI O Other per 1.000 of Kilowatt Hours P Payroll per 1000 of payroll S Gross Sales per 1000 of Gross Sales U Units X Each b RTINS e e e S ApEEET e e bR Number Classification Description Kilowatt 25.931.098 0.422 10967 Hours TOTAL PREMIUM FOR THIS COVERAGE PART 3 de definitions XI O Other per 1000 of Kilowatt Hours P Payroll per 1000 of payroll S Gross Sales per 1000 of Gross Sale U Units X Each E Admssons per 1000 admissions F Flat Charge J Total Operating Expenditures per 1000 of Expenditures X Each LD2F51a Ed. 387 Printed in U.S.A.. | 2 |
POLICY IDENTIFICATION DECLARATIONS GENERAL LIABILITY POLICY Page 4 PMG G24918142 002 FORMS AND ENDORSEMENTS REFER TO THE ATTACHED SCHEDULE OF FORMS AND ENDORSEMENTS FOR THE FORMS AND ENDORSEMENTS FORMING THIS POLICY AT INCEPTION Endorsement Number Form Number Edition Date Title This declaration and the coverage forms and endorsements if any listed above and attached completes this policy. COUNTERSIGNED AT DATE AUTHORIZED REPRESENTATIVE REFER TO THE ATTACHED S ENDORSI ENTS FOR THE FORMS AND CEPTION e Vbidi U T al i s WUV Ryt TV o al I BT IAVT ORI T ke 1 T Al Ly fietbd dUUVE al iV alidLlIo LTI iue tile pAaivy OUNTERSIGNED AT AUTHORIZED REPRESENTATIVE ATE AUTHORIZED REPRESENTATIVE LD2A48a Ed. 387 Printed in U.S.A. A067266a | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Nautilus Solar Energy LLC Endorsement Number Policy Symbol Policy Number. Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company Endorsement Form Number Title Number Edition Date CG 0001 0413 Commercial General Liability Coverage Form IL 00 17 1198 Common Policy Conditions 1 LD20286 0606 Named Insured Endorsement 2 LD5X70 0909 Composite Rate Endorsement 3 CG 20 26 0413 Additional Insured Designated Person Or Organization 4 CG 20 26 0413 Additional Insured Designated Person Or Organization 5 LD20678 0806 Mobile Equipment Endorsement 6 LD2G44a 1003 Amendment Of Conditions 7 CG 02 24 1093 Earlier Notice Of Cancellation Provided By Us 8 CG 24 04 0509 Waiver Of Transfer Of Rights Of Recovery Against Others To Us 9 CG 20 15 0413 Additional Insured Vendors 10 ALL32685 0111 Notice To Others Endorsement Schedule Email Only CG 20 01 0413 Primary And Noncontributory Other Insurance Condition 12 LD28162 1009 Designated LocationS General Aggregate Limit 13 CG 2147 1207 Employment Related Practices Exclusion 14 CG 21 96 0305 Silica Or Silica Related Dust Exclusion 15 LD5S03 0692 New Jersey Exclusion Asbestos 16 CG 21 46 0798 Abuse Or Molestation Exclusion 17 CG 2116 0413 Exclusion Designated Professional Services 18 LD4835 0692 Exclusion Lead 19 CG 2167 1204 Fungi Or Bacteria Exclusion 20 CG 2250 0413 Exclusion Failure To Supply 21 CG 26 20 1093 New Jersey Changes Loss Information 22 IL 01 41 0908 NJ Changes Civil Union 23 IL 02 08 0907 New Jersey Changes Cancellation And Nonrenewal | 2 |
o2012 LD35126 0512 Page 1 of 2 SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Nautilus Solar Energy LLC Endorsement Number Policy Symbol Policy Number. Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company Endorsement Form Number Title Number Edition Date 24 IL 00 21 0908 Nuclear Energy Liability Exclusion Endorsement 25 CG 2170 0108 Cap On Losses From Certified Acts Of Terrorism 26 CG 2176 0108 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism 27 IL 09 85 0108 Disclosure Pursuant To Terrorism Risk Insurance Act 28 ALL21101 1106 Trade Or Economic Sanctions Endorsement 29 CC1K11 g 0111 Signatures IL P 001 0104 ALL20887 1006 U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice To Policyholders ACE Producer Compensation Practices Policies o2012 LD35126 0512 Page 2 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section 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. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 3 CG 00010413 Page 1 of 16 Insurance Services Office Inc. 2012 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability 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. b 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. Page 2 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste 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 c 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 i 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. CG 00010413 Page 3 of 16 Insurance Services Office Inc. 2012 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph.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. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 Page 4 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. 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 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 CG 00010413 Page 5 of 16 Insurance Services Office Inc. 2012 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 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 Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to 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.. 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. Page 6 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement 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. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 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. CG 00010413 Page 7 of 16 Insurance Services Office Inc. 2012 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to 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. o c d So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Page 9 of 16 Insurance Services Office Inc. 2012 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Page 11 of 16 Insurance Services Office Inc. 2012 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this 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 ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. 3 CG 00010413 Page 13 of 16 Insurance Services Office Inc. 2012 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10. 11. 12. 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 it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. CG 00010413 Insurance Service 16. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 3 Page 15 of 16 Insurance Services Office Inc. 2012 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. 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 inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ned Insured shown in the Declara ncel this policy by mailing or deliv dvance written notice of cancella cel this policy by mailing or deliver st Named Insured written notice of it least efore the effective date of cancel ve cancel for nonpayment of pre efore the effective date of cancel e cancel for any other reason. or deliver our notice to the first ed s last mailing address known to incellation will state the effective ellation. The policy period will end is cancelled we will send the first ed any premium refund due. If we refund will be pro rata. If the first red cancels the refund may be rata. The cancellation will be ef if we have not made or offered a le agreements between the insurance afforded. nown in the Declaratlons L Copyright Insurance Services Office Inc. 1998 Page 1 of 1 IL00 17 11 98 | 2 |
NAMED INSURED ENDORSEMENT Named Insured Endorsement Number Nautilus Solar Energy LLC 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY POLICY Itis agreed that the Named Insured is amended to read as follows Nautilus Solar Energy LLC Starwood Energy Group Global LLC Starwood Energy Infrastructure Fund LP SEIF CO Invest Miscellaneous Power Holdings LLC Starwood NSE Holdings LLC James Rice Laura Stern 2 ownership in Nautilus Solar Energy LLC Nautilus Solar PV Holdings Inc. Nautilus Solar Power I LLC Nautilus Solar Services LLC Nautilus Solar Development Company LLC Starwood Solar I LLC Nautilus Solar Power II LLC Nautilus Solar Funding II LLC Firstar Development LLC Authorized Agent Page 1 of 1 LD20286 0606 | 2 |
COMPOSITE RATE ENDORSEMENT Named insured Endorsement Number Nautilus Solar Energy LLC 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE Paragraph a. of Condition 5. PREMIUM AUDIT is replaced by the following a. We will compute all premiums for this Coverage Part in accordance with the schedule shown below. As used in this endorsement WC Payroll shall include all payroll including that for the standard exception classes as defined in the General Rules of the Commercial Lines Manual and GL Payroll shall include all payroll except that for the standard exception classes. SCHEDULE Exposure Basis Kilowatt Hours Estimated Amount 25931098 Rate Per 1000 Kilowatt Hours 0.422 Deposit Premium Subject to a minimum premium of N A | 2 |
LD5X70 0909 Ptd. InU.S.A Page 1 of 2 STATE SCHEDULE State Exposure Premium AL AK AZ AR CA co CT DE DC FL GA HI State Exposure Premium MT NE NV NH NJ 10967 NM NY NC ND OH OK OR PA RI sC SD X ut vT VA WA wv Wi wy TOTAL 10967 Authorized Agent LD5X70 0909 Ptd. InU.S.A Page 2 of 2 | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 3 COMMERCIAL GENERAL LIABILITY CG 202604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Firstar Development LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. star Development LLC CG 20260413 Page 1of 1 Insurance Services Office Inc. 2012 | 2 |
POLICY NUMBER PMG G24918142 002 ENDODRSEMENT NUMBER 4 COMMERCIAL GENERAL LIABILITY CG 20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Blanket as required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. anket as required by written contract CG 202604 13 Page 1of 1 Insurance Services Office Inc. 2012 | 2 |
MOBILE EQUIPMENT ENDORSEMENT Named Insured Endorsement Number Nautilus Solar Energy LLC 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following Commercial General Liability Coverage Form Definition 12 of Section V Definitions Mobile Equipment is amended to add the following Mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are a considered autos. However we will not apply this limitation of the definition of mobile equipment to operations at your premises All other terms and conditions or the policy remain unchanged. Authorized Agent LD20678 0806 Ptd. in U.S.A. Page 1 of 1 | 2 |
AMENDMENT OF CONDITIONS Named insured Endorsement Number Nautilus Solar Energy LLC 6 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following are added to paragraph 2. Duties In the Event of Occurrence Claim or Suit of Section IV Commercial General Liability Conditions e. ltis agreed that knowledge of an occurrence by any of your agents servants or employees shall not constitute knowledge by you unless one of your executive officers or anyone responsible for administering your insurance program has received such notice from the agent servant or employee. The following is added to paragraph 6. Representations of Section IV Commercial General Liability Conditions d. Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or omission is not intentional and you did not know about such hazards prior to the commencement of the policy period. Authorized Representative Reprinted in part with permission of ISO Properties Inc. 2001 Page 1 of 1 LD2G44a 1003 | 2 |
POLICY NUMBER PMG G24918142 002 COMMERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER 7 CG 02241093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 60 Days If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CG 02241093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2404 0509 POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization Blanket as required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above 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. This waiver applies only to the person or organization shown in the Schedule above. anket as required by written contract CG 2404 0509 Page 1 of 1 o Insurance Services Office Inc. 2008 | 2 |
POLICY NUMBER PMG G24918142 002 COMMERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER 9 CG 201504 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products Blanket as required by written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor 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 a. 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 b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. 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 CG201504 13 Page 1 0f 2 Insurance Services Office Inc. 2012 | 2 |
. 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 1 The exceptions contained in Sub paragraphs 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 Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 CG 201504 13 Insurance Services Office Inc. 2012 | 2 |
NOTICE TO OTHERS ENDORSEMENT SCHEDULE EMAIL ONLY Named Insured Endorsement Number Nautilus Solar Energy LLC 10 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium we will endeavor as set out below to send written notice of cancellation via such electronic notification as we determine to the persons or organizations listed in the schedule that you or your representative provide or have provided to us the Schedule. You or your representative must provide us with the e mail address of such persons or organizations and we will utilize such e mail address that you or your representative provided to us on such Schedule. B. The Schedule must be initially provided to us within 15 days after i. The beginning of the Policy period if this endorsement is effective as of such date or ii. This endorsement has been added to the Policy if this endorsement is effective after the Policy period commences. C. The Schedule must be in an electronic format that is acceptable to us and must be accurate. D. Our delivery of the notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. E. We will endeavor to send such notice to the e mail address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. F. The notice referenced in this endorsement is intended only to be a courtesy notification to the persons or organizations named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such persons or organizations. Our failure to provide advance notification of cancellation to the persons or organizations shown in the Schedule shall impose no obligation or liability of any kind upon us our agents or representatives will not extend any Policy cancellation date and will not negate any cancellation of the Policy. G. We are not responsible for verifying any information provided to us in any Schedule nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with a Schedule we have no responsibility for taking any action under this endorsement. In addition if neither you nor your representative provides us with e mail address information with respect to a particular person or organization then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. H. We may arrange with your representative to send such notice in the event of any such cancellation. 1. You will cooperate with us in providing the Schedule or in causing your representative to provide the Schedule. J. This endorsement does not apply in the event that you cancel the Policy. ALL32685 0111 Page 1 of 2 | 2 |
All other terms and conditions of this Policy remain unchanged. Authorized Representative ALL32685 0111 Page 2 of 2 | 2 |
POLICY NUMBER PMG G24918142 002 COMMERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER 11 CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary primary and would not seek contribution N. from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and CG 20010413 Page 1 of 1 Insurance Services Office Inc. 2012 | 2 |
DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT Named Insured Endorsement Number Nautilus Solar Energy LLC 12 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Designated Locations All Locations Designated Location Aggregate Limit 2000000 A. Subject to and eroding the General Aggregate Limit shown in the Declarations for all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. The Designated Location Aggregate Limit shown in the Schedule above applies separately to each designated location. The Designated Location Aggregate Limit shown above is the most we will pay for the sum of damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C which damages and medical expenses can be attributed only to operations at a single designated location regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit shown in the Declarations is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of locations. Any payments made under Coverage A for damages or under Coverage C for medical expenses that are attributable to operations at a single designated location shall reduce the Designated Location Aggregate Limit for that designated location. Such payments shall also reduce the General Aggregate Limit shown in the Declarations. The limits shown in the Declarations for Each Occurrence Premises Rented to You and Medical Expense continue to apply. The Each Occurrence Limit and the Damage To Premises Rented to You Limit will be subject to a the applicable Designated Location Aggregate Limit as well as the General Aggregate Limit shown in the Declarations or b the Products Completed Operations Aggregate Limit whichever applies. The Medical Expense Limit is subject to the Each Occurrence Limit the applicable Designated Location Aggregate Limit and the General Aggregate Limit shown in the Declarations. LD28162 1009 Page 1 of 2 Includes copyrighted materials of Insurance Services Office Inc. with its permission. | 2 |
For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above and for all damages because of personal and advertising injury under Section Coverage B 1. Payments of such amounts shall not reduce any Designated Location Aggregate Limit 2. A separate Non Designated Aggregate Limit applies for all such damages and medical expenses and that limit is equal to the amount of the Designated Location Aggregate Limit shown in the Schedule above and 3. Any such payments made except those for damages because of bodily injury or property damage included in the products completed operations hazard shall reduce the amount available under the General Aggregate Limit and shall also reduce the amount available under the Non Designated Aggregate Limit. 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 and will not reduce the General Aggregate Limit or the Designated Location Aggregate Limit. For the purposes of this endorsement the Definitions Section is amended by the addition of 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 IIl Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. Al other terms and conditions remain unchanged. Authorized Representative LD28162 1009 Page 2 of 2 Includes copyrighted materials of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 13 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 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person a Refusal to employ that person b Termination of that person s employment b Termination of that person s employment or or c Employment related practices policies c Employment related practices policies acts or omissions such as coercion demo acts or omissions such as coercion demo tion evaluation reassignment discipline tion evaluation reassignment discipline defamation harassment humiliation dis defamation harassment humiliation dis crimination or malicious prosecution di crimination or malicious prosecution di rected at that person or rected at that person or 2 The spouse child parent brother or sister of 2 The spouse child parent brother or sister of that person as a consequence of bodily injury that person as a consequence of personal and to that person at whom any of the employment advertising injury to that person at whom any related practices described in Paragraphs a of the employment related practices described b or c above is directed. in Paragraphs a b or c above is directed. This exclusion applies This exclusion applies 1 Whether the injury causing event described in 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 3 Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 1of 1 | 2 |
POLICY NUMBER PMG G24918142 002 COMMERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER 14 CG 2196 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or sus pected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds.. Silica related dust means a mixture or combi nation of silica and other dust or particles. CG 21 96 03 05 SO PROPERTIES INC. 2004 Page1of1 o | 2 |
NEW JERSEY EXCLUSION ASBESTOS Named insured Endorsement Number Nautilus Solar Energy LLC 15 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 to 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following The following exclusion does not in any way indicate suggest or imply that other exclusions or terms of the policy do not also exclude coverage for damages arising out of or related in any way to asbestos or asbestos containing material. With respect to the Products Completed Operations hazard this insurance does not apply to any loss demand claim or suit arising out of or related in any way to asbestos or asbestos containing materials. Authorized Agent LD5S03 Ed. 692 Ptd. in U.S.A. | 2 |
POLICY NUMBER PMG G24918142 002 COMMERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER 16 CG 21 46 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. The actual or threatened abuse or molestation by anyone of any person while in the care custody or control of any insured or 2. The negligent Employment b. Investigation c. d. Reporting to the proper authorities or failure Supervision to so report or Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph 1. above. CG 2146 07 98 Copyright Insurance Services Office Inc. 1997 Page 1of 1 | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 17 COMMERCIAL GENERAL LIABILITY CG 211604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. Any and all professional services Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Page 1of 1 Insurance Services Office Inc. 2012 | 2 |
EXCLUSION LEAD Named Insured Endorsement Number Nautilus Solar Energy LLC 18 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement amends all insurance provided under the following COMMERCIAL GENERAL LIABILITY FORM FARM COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK THE COMBINED POLICY SECTION Il COMMERCIAL FARM POLICY SECTION Il FARMERS PACKAGE POLICY SECTION Il This insurance does not apply to and we shall have no duty of any kind with respect to any injury damage expense cost loss liability or legal obligation arising out of or allegedly arising out of or in any way related to the toxic properties of lead or lead containing products materials or substances. This exclusion applies to all forms of lead including but not limited to solid liquid vapor and fumes. This exclusion applies but is not limited to any injury damage expense cost loss liability or legal obligation to test for monitor abate remove or take any other remedial action with respect to lead or lead containing products materials or substances. The addition of this endorsement does not imply that other policy provisions including but not limited to any pollution exclusion do not also exclude coverage for lead related injury damage expense cost loss liability or legal obligation. Authorized Agent LD4835 Ed. 692 Ptd. In U.S.A. | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 19 COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 o | 2 |
POLICY NUMBER PMG G24918142 002 COMMERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER 20 CG 22500413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FAILURE TO SUPPLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury or property damage arising out of the failure of any insured to adequately supply gas oil water electricity steam or biofuel. This exclusion does not apply if the failure to supply results from the sudden and accidental injury to tangible property owned or used by any insured to procure produce process or transmit the gas oil water electricity steam or biofuel. CG 225004 13 Page 1 of 1 Insurance Services Office Inc. 2012 | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 21 COMMERCIAL GENERAL LIABILITY CG 26201093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES LOSS INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE VERSION The following Condition is added TO COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV 10. Your Right to Loss Information We will provide the first Named Insured shown in the Declarations the following loss information re lating to this and any preceding general liability Coverage Part we have issued to you during the previous three years a. Alist or other record of each occurrence of which we were notified in accordance with paragraph 2.a. of the Duties in the Event of Occurrence Offense Claim or Suit Condition in this Section. We will include a brief description of the occurrence and information on whether any claim arising out of the occurrence is open or closed. b. A summary by policy year of payments made and amounts reserved stated separately under any applicable General Aggregate Limit and Products Completed Operations Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be re garded as ultimate settlement values. You must not disclose this information to any claimant or any claimant s representative without our consent. We will provide this information only if we receive a written request from the first Named Insured dur ing the policy period. We will provide this informa tion within 45 days of receipt of the request. We compile claim and occurrence information for our own business purposes and exercise reason able care in doing so. In providing this information to the first Named Insured we make no represen tations or warranties to insureds insurers or others to whom this information is furnished by or on be half of any insured. CG 26201093 Copyright Insurance Services Office Inc. 1992 Page1of1 o | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 22 IL 01 4109 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The term spouse is replaced by the following C. With respect to cover i. tenance or use of cc Spouse or party to a civil union recognized under the Commercial Liab New Jersey law... the term family memt B. Under the Commercial Auto Coverage Part the ing term family member is replaced by the following. Family member me Family member means a person related to the by blood adoption n 1. Individual Named Insured by blood adoption nized under New Jer marriage or civil union recognized under New your household inclu Jersey law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under New Jersey law who is a resident of the individual s household including a ward or fos ter child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the follow ing Family member means a person related to you by blood adoption marriage or civil union recog nized under New Jersey law who is a resident of your household including a ward or foster child. IL 01 4109 08 Page 1of 1 Insurance Services Office Inc. 2008 | 2 |
POLICY NUMBER PMG G24918142 002 IL 02 08 0 ENDORSEMENT NUMBER 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 02 08 09 07 NEW JERSEY CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Pursuant to New Jersey law this policy can not be cancelled or nonrenewed for any underwriting reason or guideline which is arbitrary capricious or unfairly discriminatory or without adequate prior notice to the insured. The underwriting reasons or guidelines that an insurer can use to cancel or nonrenew this policy are maintained by the insurer in writing and will be furnished to the insured andor the insured s lawful representative upon written request. This provision shall not apply to any policy which has been in effect for less than 60 days at the time notice of cancellation is mailed or delivered unless the policy is a renewal policy. B. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. If this policy has been in effect for less than 60 days we may cancel this policy for any reason subject to the following a. We may cancel this policy by mailing or delivering to the first Named Insured and any person entitled to notice under this policy written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for a Nonpayment of premium or b Existence of a moral hazard as defined in N.J.A.C. 111 20.2f as follows i The risk danger or probability that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds. Any change in the circumstances of an insured that will increase the probability of such a destruction may be considered a moral hazard and | 2 |
ii The substantial risk danger or probability that the character circumstances or personal habits of the insured may increase the possibility of loss or liability for which an insurer will be held responsible. Any change in the character or circumstances of an individual corporate partnership or other insured that will increase the probability of such a loss or liability may be considered a moral hazard. 2 30 days before the effective date of cancellation if we cancel for any other reason. b. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. C. The following is added to the Cancellation Common Policy Condition 7. Cancellation Of Policies In Effect For 60 Days Or More a. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 Existence of a moral hazard as defined in N.J.A.C. 111 20.2f 3 Material misrepresentation or nondisclosure to us of a material fact at the time of acceptance of the risk 4 Increased hazard or material change in the risk assumed which we could not have reasonably contemplated at the time of assumption of the risk 5 Substantial breaches of contractual duties conditions or warranties that materially affect the nature andor insurability of the risk 6 Lack of cooperation from the insured on loss control matters materially affecting insurability of the risk 7 Fraudulent acts against us by the insured or its representative that materially affect the nature of the risk insured 8 Loss of or reduction in available insurance capacity 9 Material increase in exposure arising out of changes in statutory or case law subsequent to the issuance of the insurance contract or any subsequent renewal 10 Loss of or substantial changes in applicable reinsurance 11 Failure by the insured to comply with any Federal State or local fire health safety or building or construction regulation law or ordinance with respect to an insured risk which substantially increases any hazard insured against within 60 days of written notification of a violation of any such law regulation or ordinance 12 Failure by the insured to provide reasonable and necessary underwriting information to us upon written request therefore and a reasonable opportunity to respond. 13 Agency termination provided a We document that replacement coverage at comparable rates and terms has been provided to the first Named Insured and we have informed the first Named Insured in writing of the right to continue coverage with us or b We have informed the first Named Insured in writing of the right to continue coverage with us and the first Named Insured has agreed in writing to the Page 2 of 3 IL 02 08 09 07 | 2 |
cancellation or nonrenewal based on the termination of the first Named Insured s appointed agent. 14 Any other reasons in accordance with our underwriting guidelines for cancellation of commercial lines coverage. b. If we cancel this policy based on Paragraph 7.a.1 or 2 above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy at least 10 days before the effective date of cancellation. If we cancel this policy for any other reason listed above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy not more than 120 days nor less than 30 days before the effective date of such cancellation. c. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. For cancellation due to the nonpayment of premium the notice will state the effect of nonpayment by the due date. Cancellation for nonpayment of premium will not be effective if payment of the amount due is made before the effective date set forth in the notice. d. Notice will be sent to the last mailing addresses known to us by 1 Certified mail or 2 First class mail if we have obtained from the post office a date stamped proof of mailing showing names and addresses. e. We need not send notice of cancellation if you have 1 Replaced coverage elsewhere or 2 Specifically requested termination. D. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. We may elect not to renew this policy for any reason permitted to cancel it. If we elect not to renew this policy we will mail a notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 30 days but not more than 120 days before the expiration date of this policy. If this policy does not have a fixed expiration date it shall be deemed to expire annually on the anniversary of its inception. 2. This notice will be sent to the first Named Insured at the last mailing address known to us by a. Certified mail or b. First class mail if we have obtained from the post office a date stamped proof of mailing showing the first Named Insured s name and address. 3. We need not mail or deliver this notice if you have a. Replaced coverage elsewhere or b. Specifically requested termination. ISO Properties Inc. Page 3of 3 IL 02 08 09 07 | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 24 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. 2 C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page1of2 o | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or 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 nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of Pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self 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. 2007 IL00210908 o | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 25 COMMERCIAL GENERAL LIABILITY CG 21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year Jan uary 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21700108 ISO Properties Inc. 2007 Page 1 of 1 | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 26 COMMERCIAL GENERAL LIABILITY CG 2176 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21760108 ISO Properties Inc. 2007 Page1of1 o | 2 |
POLICY NUMBER PMG G24918142 002 ENDORSEMENT NUMBER 27 IL 09 8501 08 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium Certified Acts 22 This premium is the total Certified Acts premium attributable to the following Coverage Parts Cover age Forms andor Policys Additional information if any concerning the terrorism premium Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk In surance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certi fied under the Terrorism Risk Insurance Act. The portion of your premium attributable to such cov erage is shown in the Schedule of this endorse ment or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses in sured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 bil lion in a Program Year January 1 through De cember 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year Janu ary 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that ex ceeds 100 billion and in such case insured losses up to that amount are subject to pro rata al location in accordance with procedures estab lished by the Secretary of the Treasury. dditional information if any concerning the terrorism premium IL 09 85 01 08 ISO Properties Inc. 2007 Page10of1 o | 2 |
TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named insured Endorsement Number Nautilus Solar Energy LLC 28 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions of the policy remain unchanged. Authorized Agent ALL21101 1106 Ptd. in U.S.A. Page 1 of 1 | 2 |
SIGNATURES Named Insured Endorsement Number Nautilus Solar Energy LLC 29 Policy Symbol Policy Number Policy Period Effective Date of Endorsement PMG G24918142 002 06242013 06242014 06242013 Issued By Name of Insurance Company ACE American Insurance Company THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A stock company BANKERS STANDARD FIRE AND MARINE COMPANY A stock company BANKERS STANDARD INSURANCE COMPANY A stock company ACE AMERICAN INSURANCE COMPANY A stock company ACE PROPERTY AND CASUALTY INSURANCE COMPANY A stock company INSURANCE COMPANY OF NORTH AMERICA A stock company PACIFIC EMPLOYERS INSURANCE COMPANY A stock company ACE FIRE UNDERWRITERS INSURANCE COMPANY A stock company WESTCHESTER FIRE INSURANCE COMPANY A stock company 436 Walnut Street P.O. Box 1000 Philadelphia Pennsylvania 19106 3703 JOHN J. LUPICA. President L CARMINE A. GIGANTI Secretary Authorized Representative CC1K11 g 0111 | 2 |
IL P 0010104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your pol icy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous 1 Foreign agents 1 Front organizations 1 Terrorists 1 Terrorist organizations and 1 Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 0010104 Page 1 of 1 ISO Properties Inc. 2004 | 2 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website athttpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY GENERAL POLICY PERIOD FROM 072514 TO INSURED HASTINGS VENTURE LLC 429 INDUSTRIAL LN GRAND ISLAND NE 68803 5239 LIABILTITY PRIOR POLICY 4D7 87 31 DECLARATIONS H 072515 POLICY NUMBER 4D7 87 3 1 15 N LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 LOCKTON COMPANIES AGENT AB 8210 AGENT PHONE 402 970 6100 JACK H. STRUYK JR BUSINESS DESC BUILDING OWNER AGENCY BILL INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 ANY ONE PREMISES MEDICAL EXPENSE LIMIT 5000 ANY ONE PERSON PERSONAL AND ADVERTISING INJURY LIMIT 1000000 ANY ONE PERSON OR ORGANIZATION GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 PROVIDED COVERAGES SEE ATTACHED SCHEDULE FOR LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED. FORMS APPLICABLE CG00010413 G21760108 CG21471207 CG71400106 CG22741001 CG21500413 CG71661013 CG7001A1012 CG71910113 CG82541213 IL7131A0401 G21700108 G70031013 CG75551013 IL00210502 11.8383.50108 CG75841008 110259 0907 IL8384A0108 CG76440209 IL70281005 IL85760909 DATE OF ISSUE 050614 BPP FORM CG7000A ED. 08 99 BPP 050614 003 B8 4D78731 1501 GENERAL LIABILTITY D E POLICY PERIOD FROM 072514 TO 072515 429 INDUSTRIAL LN 1015 N 98TH ST STE 101 GRAND ISLAND NE 68803 5239 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT GENERAL AGGREGATE LIMIT 1000 00 100 00 500 1000 00 TOTAL ESTIMATED POLICY PREMIUM 664.00 CG21760108 CG22741001 CG7001A1012 CG70031013 CG71400106 CG71661013 CG71910113 CG75551013 CG75841008 CG76440209 CG82541213 IL00210502 IL02590907 IL70281005 IL7131A0401 IL8383.50108 ILB384A0108 IL85760909 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D7 87 31 15 HASTINGS VENTURE LLC EFF DATE 072514 EXP DATE 072515 GENERATL LIABILTITY POLICY CLARATIONS ENDORSEMENT SCHEDULE EDITION DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CG0001 04 13 COMMERCIAL GEN LIABILITY COV FORM CG2147 12 07 EXCL EMPLOYMENT RELATED PRACTICES CG2150 04 13 AMENDMENT LIQUOR LIABILITY EXCLUSION CG2170 01 08 CAP LOSSES FROM CERT ACTS TERRORISM CG2176 01 08 EXCL PUNITIVE DMGS ACTS OF TERRORISM CG2274 10 01 LTD CONTRACTUAL LIAB COV PERS ADV DESIGNATED CONTRACT OR AGREEMENT ANY CONTRACT CG7001A 10 12 GENERAL LIABILITY SCHEDULE CG7003 10 13 GL QUICK REFERENCE OCCURRENCE CG7140 01 06 INJ TO CO EMPL OR O VOLUNTEER WKRS NAME CONCESSIONAIRES JOB TITLES POLITICAL ENTITY ASSOC. OR ORG.ETC. ALL MANAGERIAL OR SUPERVISORY EMPLOYEES OR EXECUTIVE OFFICERS CG7166 10 13 AI DESIG PERS ORG PRIM NONCONTRIBTRY NAME OF ADDITIONAL INSURED PERSON S OR ORGANIZATIONS ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQUIRING SUCH AN ADDITIONAL INSURED AGREEMENT. CG7191 01 13 COMML GENERAL LIABILITY AMENDMENT CG7555 10 13 BLKT WAIV SUBRO WRITTEN CONT AGREE CG7584 10 08 MOBILE EQUIPMENT AUTO AMENDMENT CG7644 02 09 CONTRACTORS OCCURRENCE DEFINITION CG8254 12 13 ADVISORY NOTICE TO POLICYHOLDERS IL0021 05 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM IL0259 09 07 NE CHANGES CANCELLATION NONRENEWAL IL7028 10 05 ASBESTOS EXCLUSION IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.5 01 08 DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 s 2 PREMIUM BEYOND 123114 3 IL8384A 01 08 TERRORISM NOTICE IL8576 09 09 MEDICARE IMPT NOTICE TO POLICYHOLDER DATE OF ISSUE 050614 FORM IL7131A ED. 04 01 BPP 003 B8 4D78731 1501 EDITION CG7001A CG7003 CG7140 CG7166 CG7191 CG7555 CG7584 CG7644 CG8254 IL0021 IL0259 IL7028 IL7131A IL8383.5 IL8384A IL8576 12 07 04 13 01 08 01 08 10 01 10 12 10 13 01 06 10 13 01 13 10 13 10 08 02 09 12 13 05 02 09 07 10 05 04 01 01 08 01 08 09 09 EXCL EMPLOYMENT RELATED PRACTICES AMENDMENT LIQUOR LIABILITY EXCLUSION CAP LOSSES FROM CERT ACTS TERRORISM EXCL PUNITIVE DMGS ACTS OF TERRORISM LTD CONTRACTUAL LIAB COV PERS ADV DESIGNATED CONTRACT OR AGREEMENT ANY CONTRACT GENERAL LIABILITY SCHEDULE GL QUICK REFERENCE OCCURRENCE INJ TO CO EMPL OR O VOLUNTEER WKRS NAME CONCESSIONAIRES JOB TITLES POLITICAL ENTITY ASSOC. OR ORG.ETC. ALL MANAGERIAL OR SUPERVISORY EMPLOYEES OR EXECUTIVE OFFICERS AI DESIG PERS ORG PRIM NONCONTRIBTRY NAME OF ADDITIONAL INSURED PERSON S OR ORGANIZATIONS ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQUIRING SUCH AN ADDITIONAL INSURED AGREEMENT. COMML GENERAL LIABILITY AMENDMENT BLKT WAIV SUBRO WRITTEN CONT AGREE MOBILE EQUIPMENT AUTO AMENDMENT CONTRACTORS OCCURRENCE DEFINITION ADVISORY NOTICE TO POLICYHOLDERS NUCLEAR ENERGY LIAB EXCL BROAD FORM NE CHANGES CANCELLATION NONRENEWAL ASBESTOS EXCLUSION COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 PREMIUM BEYOND 123114 TERRORISM NOTICE MEDICARE IMPT NOTICE TO POLICYHOLDER w o | 2 |
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