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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 nucle ar 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 pro cessing 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 plutoni um or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self 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 Propetties Inc. 2007 IL 00 21 09 08 o | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION ASBESTOS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION The coverage afforded by this policy does not apply to bodily injury personal injury and advertising injury or property damage arising out of 1 Inhaling ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos or 2. The use of asbestos in construction or manufacturing any good product or structure or 3. The removal of asbestos from any good product or structure or 4. The manufacture sale transportation storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by the policy does not apply to payment for the investigation or defense of any loss injury or damage or any cost fine or penalty or for any expenses of claim or suit related to any of the above. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0019 04 13 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION KNOWLEDGE AND NOTICE OF AN OCCURRENCE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Section IV Commercial General Liability Conditions 2. Duties in the Event of Occurrence Offense Claim or Suit e. Knowledge of an occurrence claim or suit by the agent servant or employee of any Insured shall not in itself constitute knowledge by the Insured unless the following individual shall have received such notice from the agent servant or employee Project Manager unless otherwise specified below Knowledge of an occurrence claim or suit by one or more Named Insured or Insured shall not constitute knowledge of such occurrence claim or suit by any other Named Insured and notice of any occurrence claim or suit given to the Company or any of its authorized agents by one Named Insured or Insured shall constitute such notice by all Named Insured and Insureds. For purposes of this endorsement Project Manager shall mean the designee of the Named Insured or Insured exercising on behalf of such Named Insured or Insured chief supervisory or administrative authority at the project site. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0024 09 06 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION EXCLUSION LEAD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION This insurance does not apply to 1. Bodily injury or personal injury and advertising injury resulting from exposure to lead or to any product containing lead 2. Property damage resulting from the existence handling processing installing removing disposal sale or distribution of lead or any property containing lead 3. Any loss cost or expense arising out of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing lead or any product containing lead whether done pursuant to government directive or request or for any other reason 4. Any loss cost or expense arising out of the removal replacement repair enclosure or encapsulation of lead or any substance containing lead from a building or structure. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0025 04 13 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Persons Or Organizations Where required by written contract. Locations of Covered Operations Information required to complete this Schedule if not shown above will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so we will share with that other insurance by the method described in paragraph 4.c. of Section IV Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0029 09 06 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF PERSONAL AND ADVERTISING INJURY COVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Coverages Coverage B. Personal and Advertising Injury Liability 2. Exclusions e. is deleted in its entirety. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0030 04 13 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION UNINTENTIONAL ERRORS AND OMISSIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Section IV Commercial General Liability Conditions Any unintentional error or omission in the description of or failure to completely describe any premises or operations intended to be covered by this Coverage Part will not invalidate or affect coverage for those premises or operations. However you must report such error or omission to us as soon as practicable after its discovery. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0034 09 06 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION ANTI STACKING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance d. Anti Stacking Provision. If this Coverage Form and any other Coverage Form or policy where vou Anti Stacking Provision. If this Coverage Form and any other Coverage Form or policy where you 1. are a named insured or 2. you are a contractor designated on an Owners and Contractors Protective Liability andor a Special Protective and Highway Liability Policy issued by us or any of our affiliated companies apply to the same occurrence the maximum limit of insurance under all the Coverage Forms or policies will not exceed the highest applicable limit of insurance available under any one Coverage Form or policy. This condition does not apply to any other Coverage Form or policy issued by us or any of our affiliated companies specifically to apply as excess insurance over this Coverage Form. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0037 01 12 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDATORY ENDORSEMENT WHEN WE DO NOT RENEW FORM A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 9. When We Do Not Renew is replaced by the following 9. 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 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 SIXTY 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0047 09 06 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF THE BODILY INJURY DEFINITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section V Definitions Paragraph 3 is deleted and replaced by the following 3. Bodily injury means bodily injury sickness or disease sustained by a person. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease. It is further agreed bodily injury means humiliation alienation of affections and discrimination sustained by a person including death resulting from any of these at any time but only as respects the Sponsor s Defense and Indemnity. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0057 04 13 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF INSURANCE AGREEMENT PRIOR DAMAGE OR INJURY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Paragraph 1. Insuring Agreement of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 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 IIl 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 and 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 The bodily injury or property damage first takes place during the policy period regardless of when such occurrence giving rise to bodily injury or property damage takes place. All bodily injury or property damage caused by or arising out of an occurrence is deemed to first take place at the earliest of when 1 Any bodily injury or property damage first becomes known to anyone or 2 Itis alleged that any bodily injury or property damage first manifests or 3 Notification of the alleged existence of a potential or actual claim for any bodily injury or property damage is received by the insured its employees agents subsidiary related entity subcontractor or representatives or 4 The insured its employees agents subsidiary related entity or representatives knew or should have known that any bodily injury or property damage has occurred or CG EN GN 0083 12 08 Page 1 0f 2 | 2 |
5 Any bodily injury or property damage began regardless of whether the bodily injury or property damage results in additional related or unrelated claims is continuous progressive repeated changing or results from exposure to substantially the same general harm. d. Damages for bodily injury includes damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. All other terms and conditions of this policy remain unchanged. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE DATE CG EN GN 0083 12 08 Page 2 of 2 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION WRAP UP EXCLUSION WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING OPERATIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. 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 or property damage arising out of any project that is or was subject to a wrap up insurance program in which you are or were included as an insured. This exclusion does not apply to bodily injury or property damage arising out of your ongoing operations A for work being performed at any location owned by or rented to you that is not within the project site or location as defined in the wrap up insurance program and is not covered by the wrap up insurance program or B for work being performed on a project covered by a wrap up insurance program after such program has terminated or expired. The exceptions A. and B. above do not apply to bodily injury or property damage included in the products completed operations hazard even if you are required to provide such coverage for an additional insured by a written contract or agreement. The following is added to Section V Definitions Wrap up insurance program means an owner or contractor controlled or similar insurance program under which some or all of the contractors and subcontractors working on a specific project or projects are required to participate in a program to obtain insurance that a. s issued specifically to cover damage or injury arising out of such project or projects and b. Includes the same or similar insurance as is provided by this endorsement. Al other terms and conditions of this Policy remain unchanged. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE CG EN GN 0090 02 10 Page 1 of 1 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDED OTHER INSURANCE CLAUSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies the insurance provided under the following Commercial General Liability Coverage Part Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is deleted and replaced by the following 4. Other Insurance If other valid and collectable insurance is available to any 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 or i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner or iiiy That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any of the other insurance whether primary excess contingent or on any other basis that was issued to cover liability for damages arising out of any act omission premises or operations or the products and completed operations hazard i On which the insured or any other person or entity qualifying as an insured under Section Il WHO IS AN INSURED also qualifies as an additional insured of a policy issued to another person or entity or i On which any additional insured of this policy also qualifies as an additional insured of a policy described in paragraph i inmediately above. c Any other insurance whether primary excess contingent or on any other basis available to any person or entity qualifying as an additional insured of this policy unless our Named Insured has agreed in a written contract that the insurance under this policy for the additional insured will be primary to any policy issued to the additional insured as a Named Insured. The contract must be signed and executed prior to the date of loss. CGENGN 011701 16 Page 1 of 2 Includes copyrighted material from Insurance Services Office Inc. used with its permission. | 2 |
2 When this insurance is excess we will have no duty under Coverages A or B to defend or participate in the defense of any insured against any suit. If no other insurer defends we may undertake to do so but we will be entitled to that 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 As to our Named Insured 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. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE DATE CGENGNO011701 16 Page 2 of 2 Includes copyrighted material from Insurance Services Office Inc. used with its permission. | 2 |
POLICY NUMBER A7CG140818 00 POLICY NUMBER A7CG140818 00 COMMERCIAL GENERAL LIABILITY CG 20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Name Of Persons Or Organizations Additional Insured Additional Premium INCLUDED Information required to complete this Schedule if not shown ab ove 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 arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However B. 2. 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. 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. HERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. CG 20110413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION BROAD FORM NAMED INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART BUSINESS AUTO COVERAGE FORM The Named Insured on the Declarations page is revised to include Named Insured means the person or organization first named as the Named Insured on the Declarations page of this policy the First Named Insured. Named Insured also includes 1 any other person or organization named as a Named Insured on the Declarations page 2 any subsidiary associated affiliated allied or acquired company or corporation including subsidiaries thereof of which any insured named as the Named Insured on the Declarations page has more than 50 ownership interest in or exercises management or financial control over at the inception date of this policy provided such subsidiary associated affiliated allied or acquired company or corporation and their operations have been declared to us prior to the inception date of this policy. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE IL EN GN 0001 09 06 DATE | 2 |
OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART If we cancel or non renew this policy for any reason other than non payment we will deliver notice of the cancellation or non renewal to all Specified Persons or Organizations on file with us Thirty 30 days prior to the effective date of cancellation or non renewal. If we cancel this policy for non payment we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us Ten 10 days prior to the effective date of cancellation. If notice is mailed proof of mailing will be sufficient proof of notice. Named Insured CAPITAL CITY SAFETY LLC Policy Number A7CG140818 00 Endorsement No. 000 Policy Period 10092018 to 08012019 Endorsement Effective Date 10092018 Producer s Name LOCKTON COMPANIES LLC Producer Number 39K02 AUTHORIZED REPRESENTATIVE IL EN GN 0004 09 11 DATE Page 1 of 1 | 2 |
IL 0179 10 02 OKLAHOMA NOTICE The following statement is added to the policy WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the pro ceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. IL 0179 10 02 ISO Properties Inc. 2002 Page 1 of 1 m | 2 |
IL 02 36 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OKLAHOMA 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. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. After coverage has been in effect for more than 45 business days or after the effective date of a renewal of this policy no notice of cancella tion will be issued by us unless it is based on at least one of the following reasons 1 Nonpayment of premium 2 Discovery of fraud or material misrepre sentation in the procurement of the in surance or with respect to any claims submitted under it Discovery of willful or reckless acts or omissions by you that increase any hazard insured against The occurrence of a change in the risk that substantially increases any hazard insured against after insurance cover age has been issued or renewed 3 4 5 A violation of any local fire health safe ty building or construction regulation or ordinance with respect to any covered property or its occupancy that substan tially increases any hazard insured against A determination by the Insurance Com missioner that the continuation of the policy would place us in violation of the insurance laws of this state 7 Your conviction of a crime having as one of its necessary elements an act in creasing any hazard insured against or 8 Loss of or substantial changes in appli cable reinsurance. B. The following are added to the Common Policy Conditions and supersede any provisions to the contrary 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured at least 45 days before 1 The expiration date of this policy or 2 An anniversary date of this policy if it is written for a term longer than one year or with no fixed expiration date. IL 02 36 09 07 ISO Propetties Inc. 2006 Page 1 of 2 m | 2 |
b. Any notice of nonrenewal will be mailed or delivered to the first Named Insured at the last mailing address known to us. c. If notice is mailed 1 It will be considered to have been given to the first Named Insured on the day it is mailed. 2 Proof of mailing will be sufficient proof of notice. d. If notice of nonrenewal is not mailed or delivered at least 45 days before the expira tion date or an anniversary date of this poli cy coverage will remain in effect until 45 days after notice is given. Earned premium for such extended period of coverage will be calculated pro rata based on the rates applicable to the expiring policy. e. We will not provide notice of nonrenewal if 1 We or another company within the same insurance group have offered to issue a renewal policy or 2 You have obtained replacement cover age or have agreed in writing to obtain replacement coverage. f. If we have provided the required notice of nonrenewal as described in B.1.a. above and thereafter extend the policy for a period of 90 days or less we will not provide an additional nonrenewal notice with respect to the period of extension. 2. Premium Or Coverage Changes At Renewal a. If we elect to renew this policy we will give written notice of any premium increase change in deductible or reduction in limits or coverage to the first Named Insured at the last mailing address known to us. b. Any such notice will be mailed or delivered to the first Named Insured at least 45 days before 1 The expiration date of this policy or 2 An anniversary date of this policy if it is written for a term longer than one year or with no fixed expiration date. c. If notice is mailed 1 It will be considered to have been given to the first Named Insured on the day it is mailed. 2 Proof of mailing will be sufficient proof of notice. d. If the first Named Insured accepts the re newal the premium increase or coverage changes will be effective the day following the prior policy s expiration or anniversary date. e. If notice is not mailed or delivered at least 45 days before the expiration date or anni versary date of this policy the premium deductible limits and coverage in effect pri or to the changes will remain in effect until 1 45 days after notice is given or 2 The effective date of replacement cov erage obtained by the insured whichever occurs first. If the first Named Insured then elects not to renew any earned premium for the result ing extended period of coverage will be cal culated pro rata at the lower of the new rates or rates applicable to the expiring pol icy.. We will not provide notice of the following 1 Changes in a rate or plan filed pursuant to the Property and Casualty Competi tive Loss Cost Rating Act applicable to an entire class of business 2 Changes which are based upon the altered nature or extent of the risk in sured or 3 Changes in policy forms filed with or approved by the Insurance Commis sioner and applicable to an entire class of business. Page 2 of 2 ISO Propetties Inc. 2006 IL 02 36 09 07 o | 2 |
INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE IN WITNESS WHEREOF we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. OLD REPUBLIC GENERAL INSURANCE CORPORATION 307 N. Michigan Avenue Chicago lllinois 60601 A Stock Company Secretary wj 574 President J02 0116 | 2 |
XK OLD REPUBLIC GENERAL INSURANCE CORPORATION g n POLICYHOLDER NOTICE ECONOMIC AND TRADE SANCTIONS CONDITIONS You are hereby notified that we shall not provide coverage nor will we make payments under this policy whether to any Insured third party or beneficiary if it is a violation of any United States of America economic or trade sanctions. IL PH CW 0021 0117 Page 1 of 1 OLD REPUBLIC INSURANCE GROUP | 2 |
XK OLD REPUBLIC GENERAL INSURANCE CORPORATION g n NOTICE TO POLICYHOLDERS THIS IS NOT A PART OF YOUR INSURANCE POLICY. AT THE REQUEST OF THE OKLAHOMA INSURANCE DEPARTMENT WE ARE PROVIDING THE FOLLOWING EXPLANATION OF THE ABUSE MOLESTATION EXCLUSION ENDORSEMENT ATTACHED TO YOUR POLICY. The Abuse Molestation exclusion endorsement precludes coverage for the abuse or molestation of any person while in the care custody or control of any insured or any person for whom the insured is legally responsible. Abuse or molestation is an intentional act for which coverage should not be provided. This endorsement clarifies the original intent of our liability policy. There will be no rate credit or refund due you because of the addition of this endorsement. GL PHOK 0119 0417 Copyright Insurance Services Office Inc. 1986 Page 1 of 1 Y OLD REPUBLIC INSURANCE GROUP | 2 |
Nationwide Underwritten by Scottsdale Indemnity Company Home Office One Nationwide Plaza Columbus Ohio 43215 Administrative Office 8877 North Gainey Center Drive Scottsdale Arizona 85258 1 800 423 7675 A Stock Company In Witness Whereof the Company has caused this policy to be executed and attested. l w 747 Secretary President The information contained herein replaces any similar information contained elsewhere in the policy. Z 7 President UTI COVPG 1 16 Insured Copy | 2 |
Nationwide nwide Scottsdale Insurance Company National Casualty Company Scottsdale Indemnity Company Scottsdale Surplus Lines Insurance Company CLAIM REPORTING INFORMATION Your insurance policy has been placed with a Nationwide insurance company. Our commitment to you is to provide fast fair claim service. Promptly reporting an event that could lead to a claim as required by your policy helps us fulfill this commitment to you. Please refer to your policy for this and all other terms and conditions. To report a claim you may contact us 24 hours a day 7 days a week by calling 1 800 423 7675 or via our website at www.nationwideexcessandsurplus.com. Thank you for your business and as always we appreciate the opportunity to serve you. HOW TO REPORT A CLAIM Call 1 800 423 7675 or visit our website at www.nationwideexcessandsurplus.com. In order to expedite this process please be prepared to furnish as much of the following information as possible Your policy number Date time and location of the loss accident Details of the loss accident Name address and phone number of any involved parties If applicable name of law enforcement agency or fire department along with the incident num ber Please refer to your policy for specific claim reporting requirements. 1 of the loss accident ident ra nimbar Af anyg irvahiad nardiae NOTX0178CW 3 16 Insured Copy | 2 |
COMMON POLICY DECLARATIONS WLI0000362 Scottsdale Indemnity Company Policy Number Renewal of Number Home Office One Nationwide Plaza o Columbus Ohio 43215 WLI0000369 Administrative Office 8377 N. Gainey Center Drive o Scottsdale Arizona 85258 18004237675 A STOCK COMPANY ITEM 1. Named Insured and Mailing Address CITY OF GARDNER GARDNER ENERGY 1150 E SANTA FE GARDNER KS 66030 Agent Name and Address R T SPECIALTY LLC Agent No. Program No. NONE 1100 WALNUT ST 24712 STE 3200 KANSAS CITY MO 64106 2197 From12 31 2016 To12 31 2017 1201 AM. Standard Time at the mailing address shown in ITEM 1. ITEM 2. Policy Period Term1 Year Business Description PUBLIC ENTITY In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Summary Commercial General Liability Coverage Part 8794.00 Commercial Property Coverage Part COVERED Commercial Crime And Fidelity Coverage Part COVERED Commercial Inland Marine Coverage Part COVERED Commercial Auto Coverage Part COVERED Professional Liability Coverage Part COVERED Total Policy Premium 8794.00 Policy Total 8794.00 Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. OPLD1 810 Administrative Office 8 1 800 423 7675 A STOCK COMPANY TEM 1.Named Insured and Mailing Address ITY OF GARDNER GARDNER ENERGY 1150 E SANTA FE SARDNER KS 66030 gent Name and Address R T SPECIALTY LLC Agent No. 1100 WALNUT ST STE 3200 24712 ANSAS CITY MO 64106 2197 Program No. NONE Loverage Farqs Commercial General Liability Coverage Part Commercial Property Coverage Part Commercial Crime And Fidelity Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Professional Liability Coverage Part Total Policy Premium NC NC NC NC NC Insured Copy | 2 |
Scottsdale Indemnity Company SCHEDULE OF FORMS AND ENDORSEMENTS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 COMMON POLICY FORMS AND ENDORSEMENTS UTI COVPG COVER PAGE NOTX0178CW CLAIM REPORTING INFORMATION COMMON POLICY DECLARATIONS SCHEDULE OF FORMS ENDORSEMENT SCHEDULE OF LOCATIONS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT KANSAS CHANGES CANC NONREN. PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION ENDORSEMENTS CLI SD1L COMMERCIAL LIABILITY COVERAGE PART DEC GENERAL LIABILITY COVERAGE PART EXT. COMMERCIAL GENERAL LIABILITY COV FORM DEDUCTIBLE LIABILITY INSURANCE EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EXCL COV C MEDICAL PAYMENTS TOTAL POLLUTION EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION EXCLUSION OF CERTIFIED ACTS OF TERRORISM SILICA OR SILICA RELATED DUST EXCLUSION EXCL FAILURE TO SUPPLY EXCL INJURY TO VOLUNTEER FIREMEN GOVERNMENTAL SUBDIVISIONS KANSAS CHANGES CONCEALMENT OR FRAUD DESIGNATED OPERATIONS EXCLUSION KNOWN INJURY DAMAGE EXCL PERS ADV INJU HYDRAULIC FRACTURING EXCLUSION ASBESTOS EXCLUSION LEAD CONTAMINATION EXCLUSION 00 03 21 21 21 21 21 21 21 22 22 24 26 1 0 8 GLI GLI2 GLI341s UTI266 G UTI267 G 01 00 06 16 35 49 67 73 96 50 56 09 82 3s 9s COOHO OO0 OO OHOHOO O GO1OH RFJJ8W RNV ORGR NN AN WO HOOHVVHO HOWORH O 0000 N IN Y0000 WUT LTI O R WS O SCHE mpany DORSEMENTS ffective Date 12 31 16 1201 A.M. Standard Time OMMON POLICY FORMS AND ENDORSEMENTS JTI COVPG VOTX0178CW NN NN NN NN OO ABNNR RRRRHR OUIUIL oV WHO OO NGO WO TG OF JTI266 G JTI267 G 09 99 12 04 01 15 03 05 04 13 07 98 07 98 01 16 09 02 11 07 08 12 05 98 05 98 COVER PAGE CLAIM REPORTING INFORMATION COMMON POLICY DECLARATIONS SCHEDULE OF FORMS ENDORSEMENT SCHEDULE OF LOCATIONS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT KANSAS CHANGES CANC NONRENL PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION ENDORSEMENTS COMMERCIAL LIABILITY COVERAGE PART DEC GENERAL LIABILITY COVERAGE PART EXT. COMMERCIAL GENERAL LIABILITY COV FORM DEDUCTIBLE LIABILITY INSURANCE EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EXCL COV C MEDICAL PAYMENTS TOTAL POLLUTION EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION EXCLUSION OF CERTIFIED ACTS OF TERRORISM SILICA OR SILICA RELATED DUST EXCLUSION EXCL FAILURE TO SUPPLY EXCL INJURY TO VOLUNTEER FIREMEN GOVERNMENTAL SUBDIVISIONS KANSAS CHANGES CONCEALMENT OR FRAUD DESIGNATED OPERATIONS EXCLUSION KNOWN INJURY DAMAGE EXCL PERS ADV INJU HYDRAULIC FRACTURING EXCLUSION ASBESTOS EXCLUSION LEAD CONTAMINATION EXCLUSION UTI SP2L 12 95 Insured Copy | 2 |
Scottsdale Indemnity Company SCHEDULE OF LOCATIONS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 Prem. Bldg. Designated Premises No. No. Address City State Zip Code Occupancy 001 001 1150 E. SANTA FE GARDNER KS 66030 Scottsdale Indemnity C SCHEDULE OF LOC olicy No. WLI0000369 mpany IONS ffective Date 12 31 16 1201 A.M. Standard Time No. No. Address City State Zip Code Occupancy 001 001 1150 E. SANTA FE GARDNER KS 66030 UTI SP3 8.96 Insured Copy | 2 |
IL 0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 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 cancella tion if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancella tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is 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.. 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 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 war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 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.. 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 in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 10f 1 o Copyright Insurance Services Office Inc. 1998 Insured Copy IL 0017 1198 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwrit 2 C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent 2 ers Nuclear Insurance Association of Can ada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of li ability 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 3 fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured o 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. 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. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning 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. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. ISO Properties Inc. 2007 Insured Copy Page 10f 2 m IL 00 21 09 08 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel 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 plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging 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 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 radioactive contamination of property. d Page 2 of 2 ISO Properties Inc. 2007 Insured Copy IL 00 21 09 08 o | 2 |
IL 02 61 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following A 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 Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2.a. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation stating the reasons for cancella tion at least 1 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium. 2 30 days before the effective date of cancella tion if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it 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 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the in ception of this policy 5 A determination by the insurance commis sioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commis sioner that we no longer have adequate re insurance to meet our needs. B. The following is added and supersedes any condi tion to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the ex piration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. ISO Properties Inc. 2006 Insured Copy Page 10f1 m IL 02 61 09 07 | 2 |
Scottsdale Indemnity Company Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WL.I000036 1201 A M. Standard Time Nemed Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 o THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION In consideration of the premium charged it is agreed that this policy does not apply to a claim of or indem nification for punitive or exemplary damages. Punitive or exemplary damages also include any damages awarded pursuant to statute in the form of double treble or other multiple damages in excess of compensatory damages. If suit is brought against any insured for a claim falling within coverage provided under the policy seeking both compensatory and punitive or exemplary damages then the Company will afford a defense to such action however the Company will have no obligation to pay for any costs interest or damages attributable to punitive or exemplary damages. DATE AUTHORIZED REPRESENTATIVE Insured Copy UTI74 g 8 95 | 2 |
Scottsdale Indemnity Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 Item 1. ts of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products Completed 2000000 Operations Aggregate General Aggregate other than 2000000 Products Completed Operations Coverage A Bodily Injury and any one occurrence subject to Property Damage Liability the Products Completed Operations and General 1000000 Aggregate Limits of Liability Damage To Premises Rented any one premises subject to the To You Coverage A occurrence and the General Aggregate Limits of 500000 jabilty Coverage B Personal and any one person or organization Advertising Injury subject to the General Aggregate 1000000 Liability. Limits of Liability Coverage C Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of NOT COVERED Liability Form of business PUBLIC ENTITY Individual Partnership Joint Venture Trust Limited Liability Company X Organization including a corporation other than Partnership Joint Venture or Limited Liability Company Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 3. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Item 4. Premiums Coverage Part Premium 8794.00 Other Premium Total Premium 8794.00 THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CLI SD1L 0801 Scottsdale Indemnity Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS olicy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time FropenyDmage Liability Damage To Premises Rented To You Damage To Premises Rented To You ip Joint Venture Trust Limited Liability Company rporation other than Partnership Joint Venture or Limited Liability Company Rent or Occupy Insured Copy | 2 |
Scottsdale Indemnity Company COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS Policy No. WLI0000369 Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY Agent 24712 Prem. No. Bldg. No. Class Code Exposure Basis 001001 92445 1244700. PAYROLL NEAREST THOUSAND Class Description Premises Operations ELECTRIC LIGHT OR POWER COMPANIES PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE Premium GENERAL AGGREGATE LIMIT 7.065 8794.00 Products Comp Operations Class Description Premises Operations Products Comp Operations Premium Prem. No. Bldg. No. Class Code Exposure Class Description Premises Operations Premium Products Comp Operations Prem. No. Bldg. No. Class Code Exposure Class Description Premises Operations Rate Premium Products Comp Operations Premium PART IONS e 12 31 16 1201 A.M. Standard Time LECTRIC LIGHT OR POWER COMPANIES PRODUCTS DMPLETED OPERATIONS ARE SUBJECT TO THE iNERAL AGGREGATE LIMIT CLI SP1L 10 93 Insured Copy | 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 I 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 Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity 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 c.. Bodily injury or. Damages because of bodily 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 clam knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. carefully to determine rights 10 t covered. e words you and your refer own in the Declarations and nization qualifying as a Named y. The words we us and providing this insurance. s any person or organization er Section Il Who Is An es that appear in quotation ning. Refer to Section V S INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1vaaes. However. we will have z CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Lial 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 faling 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 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 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 i 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 i 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 i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels Ilubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or 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. ii CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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 clam 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 b 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or 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 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Page 4 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or 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 behaf 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 ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or usion does not apply to ded in the products ard. ur product arising out ur work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 5 of 16 | 1 |
4 Any federal state or local statute 2. Exclusions This insurance does not apply to 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 Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. 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. ance applies to this coverage 1 Il Limits Of Insurance. IAL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv to which this Page 6 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
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 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. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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. 3 CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS. 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. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. 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 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. 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.. 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. 2. Exclusions el 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 We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers.. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and renarted time of an ray and dental vices and professional jury vorkers. Page 8 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 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 insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and limits of f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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. b 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 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. Anindividual 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. eSIS Ol the Inaemnitee the insured ask us to the defense of that 1 suit and agree that we counsel to defend the tee and CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 b c 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. damages with or repay someone elsg fvho No person or organization is an insured with respect to must pay damages because of the injury the conduct of any current or past partnership joint described in Paragraph 1a or b venture or limited liability company that is not shown as above or aNamed Insured in the Declarations. Arising out of his or her providing or SECTION Iil LIMITS OF INSURANCE failing to provide professional health care 4 e imits of Insurance shown i the Declarations services. and the rules below fix the most we will pay 2 Property damage to property regardless of the number of a Owned occupied or used by a. Insureds b Rented to in the care custody or control b. Claims made or suits brought or of or over which physical COOI is being c. Persons or organizations making claims or exercised for any purpose by bringing suits. you arly of your employees volunteer 2. The General Aggregate Limit is the most we will pay workers any partner or member if you are a for the sum of partnership or joint venture or any member B a. Medical expenses under Coverage C if you are a limited liability company. b. Any person other than your employee or b. Damages under Coverage A except damages because of bodily injury or property damage volunteer worker or any organization while acting as your real estate manager. included in the products completed operations hazard and c. Damages under Coverage B. d Page 10 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed 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 claimis 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 settltment 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. wioTL AP Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will 5 because of while rented while rented y you with e last preceding period for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 11 of 16 | 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.. 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 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 entitlied to the insured s rights against all those other insurers. i iii 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.. 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. b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. 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.. 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 accurate and complete are Page 12 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
b. Those statements are based representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 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. upon 3.. Hostile 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. 2 3. 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. 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. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fuffiling the terms of the contract or agreement. Yy deeiylizid b e lamed Insured this vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 13 of 16 | 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 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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. b 10. 1 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 it is in or on an aircraft watercraft or s 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. e agreement except in ruction or demolition 0 feet of a railroad ired by ordinance to except in connection ty A ranment Page 14 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
13. 14. 15. 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. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard 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. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 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. b c equipmen but will be imarily for but not construction nilar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns.. TR HOMLY out of ry into cy of a person of its ner of son or or CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. failure to provide 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 warnings or instructions. failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
POLICY NUMBER WLI0000369 IBER WLI0000369 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability and or Property Damage Liability Combined 2000 S If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. Ifno limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Cover age to all damages sustained by any one person because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of serv ices or death resulting at any time from bodily injury a separate deductible amount will be applied to cach person making a claim for such damages. With respect to property damage person in cludes an organization. CG 03 00 01 96 Copyright Insurance Services Office Inc. 1994 Page 1 of 2 Insured Copy | 2 |
as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits secking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined CG 03 00 01 96 Page 2 of 2 Copyright Insurance Services Office Inc. 1994 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Insured Copy Page 1of 1 | 2 |
POLICY NUMBER WLI0000369 POLICY NUMBER WLI0000369 COMMERCIAL GENERAL LIABILITY CG 21160413 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. ALL PROFESSIONAL SERVICES OF ANY INSURED. 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. Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 1 | 2 |
POLICY NUMBER WLI0000369 POLICY NUMBER WLI0000369 COMMERCIAL GENERAL LIABILITY CG 21351001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE IDescription And Location Of Premises Or Classification JALL PREMISES AND CLASSIFICATIONS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any premises or classification shown 2. The following is added to Section Supple in the Schedule mentary Payments 1. Section Coverage C Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it aid administered to others at the time of an in the Coverage Part apply and accident for bodily injury to which this in surance applies.. PREMISES AND CLASSIFICATIONS 2. The following is added to Section Supple mentary Payments h. Expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which this in surance applies. ISO Properties Inc. 2000 Insured Copy Page 1 of 1 o CG 21351001 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2149 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. 2 Any loss cost or expense arising out of any a b Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page 1of 1 CG 214909 99 Copyright. Insurance Services Office Inc. 1998 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIAEXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or 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.. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing 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 Personal And Advertising Injury Liabilif 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.. Any loss cost or expense 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. 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 Insured Copy Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. 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 a. 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 b. 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. b. 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 21730115 Insurance Services Office Inc. 2014 Insured Copy Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil ica or silica related dust.. 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.. 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 remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual 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 remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms 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 ISO Properties Inc. 2004 Insured Copy Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY 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 22500413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2256 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INJURY TO VOLUNTEER FIREFIGHTERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Ex This insurance does not apply to bodily injury or per clusions of Section I Coverage A Bodily Injury And sonal and advertising injury to any volunteer fire Property Damage Liability and Paragraph 2. Exclu fighters whether or not they are membersof your organ sions of Section I Coverage B Personal And Adver ization while in the course of their duties as such. tising Injury Liability Page 1of 1 CG 225607 98 Copyright Insurance Services Office Inc. 1997 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 24 0907 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENTAL SUBDIVISIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II Who Is An Insured is amended to in clude as an insured any elective or appointive offi cer or a member of any board or commission or agency of yours while acting within the scope of their duties as such. B. Paragraph b. of the definition of mobile equip ment in the Definitions Section is replaced by the following 12. Mobile equipment means any of the follow ing types of land vehicles including any at tached machinery or equipment Vehicles maintained for use solely on or next to premises you own or rent. How ever any land motor vehicle trailer or semitrailer designed for travel on public roads including any machinery or appara tus that is attached owned or leased by you shall be deemed an auto and not mobile equipment if the only reason for considering it mobile equipment is that it ismaintained for use exclusively on streets or highways owned by you. Page 1 of 1 CG 2409 07 98 Copyright Insurance Services Office Inc. 1997 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 26820116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CONCEALMENT OR FRAUD This endorsement modifies insurance provided under the following PRODUCT WITHDRAWAL COVERAGE PART The Concealment Or Fraud paragraph under 2. Conceals information concerning any material fact Section IV Conditions is replaced by the following relating to a product withdrawal or product Concealment Or Fraud withdrawal expense incurred by you for the f misleading. We will not provide coverage under Coverage A of purpose of misleading this Coverage Part if you or any other insured in relation to an insurance application rating claim or coverage under this policy knowingly and with intent to defraud 1. Presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written electronic electronic impulse facsimile magnetic oral or telephonic communication or statement which such person knows to contain materially false information concerning any material fact or 2. Conceals information concerning any material fact relating to a product withdrawal or product withdrawal expense incurred by you for the purpose of misleading. CG 26 820116 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 1 | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 mpany e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM ERRORS AND OMISSIONS COVERAGE PART PROFESSIONAL LIABILITY INSURANCE BEAUTY PARLOR BARBER SHOP PROFESSIONAL LIABILITY INSURANCE SCHEDULE Description of excluded operations ALL OPERATIONS OF THE CITY OF GARDNER EXCEPT FOR GARDNER ENERGY PREMISES This insurance does not apply to any medical incident damages bodily injury property damage or personal and advertising injury arising out of the operations shown in the schedule above. NERGY PREMISES AUTHORIZED REPRESENTATIVE DATE GLI103s 902 Insured Copy | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWN INJURY OR DAMAGE EXCLUSION PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to Paragraph 2. Exclu occurred by any insured listed under Para sions of SECTION COVERAGES COVERAGE B PER graph 1. of SECTION Il WHO IS AN IN SONAL AND ADVERTISING INJURY LIABILITY SURED or an employee authorized by you to give or receive notice of an offense or Known Injury Or Damage claim includes any continuation change or This insurance does not apply to personal and resumption of that personal and advertising advertising injury arising from an offense injury after the end of the policy period. a. That occurs during the policy period and A personal and advertising injury arising from an of prior to the policy period an insured listed fense will be deemed to have been known to have oc under Paragraph 1. of SECTION Il WHO IS curred at the earliest time when any insured listed AN INSURED or an employee authorized by under Paragraph 1. of SECTION Il WHO IS AN IN you to give or receive notice of an offense or SURED or an employee authorized by you to give or claim knew that the personal and advertising receive notice of an offense or claim injury had occurred prior to the policy period 1 Reports all or any part of the personal in whole or in part. If such a listed insured or P TN y p P 5 and advertising injury to us or any other authorized employee knew prior to the pol insurer icy period that the personal and advertising injury occurred then any continuation 2 Receives a written or verbal demand or change or resumption of such offense during claim for damages because of the per or after the policy period will be deemed to sonal and advertising injury or have been known prior to the policy period orv wn pri policy period 3 Becomes aware by any other means that personal and advertising injury has oc b. That occurs during the policy period and was curred or has begun to occur. prior to the policy period known to have mpany e AUTHORIZED REPRESENTATIVE Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2006 Page 1 of 1 Insured Copy DATE GLI289s 1107 | 2 |
Attached to and forming a part of Policy No. WLI0000369 ENDORSEMENT Scottsdale Indemnity Company NO. Endorsement Effective Date 12 31 16 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HYDRAULIC FRACTURING EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART A. The following is added to Paragraph 2. Exclusions of Section Coverage A. Bodily Injury And Property Damage Liability of the Commercial General Liability Coverage Part and Paragraph 2. Exclusions of SEC TION I COVERAGE of the Errors And Omissions Coverage Part This insurance does not apply to Hydraulic Fracturing 1. Bodily injury property damage or error or omission a. Arising in whole or in part out of any opera tion involving substances under pressure be ing pumped underground with the objective of creating fractures in geologic formations to facilitate the release and extraction of hydro carbons including but not limited to oil or natural gas. Such operations include but are not limited to hydraulic fracturing gas fracking andor the actual alleged threat ened or suspected contact with exposure to existence of or presence of any flowback or the handling transporting storage release or disposal of any flowback by any insured or by any other person or entity or b. Caused directly or indirectly or in whole or in part by the movement in any direction of earth or land arising in whole or in part out of any operation involving substances under pressure being pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extraction of hydrocarbons including but not limited to oil or natural gas. Such op erations include but are not limited to hy draulic fracturing or gas fracking. 2. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating reme diating or disposing of or in any way responding to or assessing the effects of hydraulic fractur ing gas fracking or flowback by any insured or by any other person or entity. We will have no duty to settle any claim or defend any suit against the insured arising out of or in any way related to items 1. or 2. above. The following is added to Paragraph 2. Exclusions of Section Coverage B. Personal And Advertising In jury Liability of the Commercial General Liability Cov erage Part This insurance does not apply to Hydraulic Fracturing 1. Personal and advertising injury a. Arising in whole or in part out of any opera tion involving substances under pressure be ing pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extrac tion of hydrocarbons including but not limited to oil or natural gas. Such operations indude mpany e GLI341s 812 Page 1 of 2 Insured Copy | 2 |
but are not limited to hydraulic fracturing gas fracking andor the actual alleged threatened or suspected contact with expo sure to existence of or presence of any flowback or the handling transporting stor age release or disposal of any flowback by any insured or by any other person or entity or b. Caused directly or indirectly or in whole or in part by the movement in any direction of For purposes of this endorsement the following defini tions apply 1. Hydraulic fracturing or hydrofracking means the process by which water proppants chemicals andor other fluid additives are injected at high pressure into underground geologic formations to create fractures to facilitate the extraction of any hydrocarbons including but not limited to natural gas and or oil... 2. Flowback means any substance containing re earth or land arising in whole or in part out. s L N turned hydraulic fracturing fluid including but of any operation involving substances under.. not limited to water proppants hydraulic frac pressure being pumped underground with the e. y. turing fluid additives and any hydrocarbon com objective of creating fractures in underground N... L pounds salts conventional pollutants organics geologic formations to facilitate the release. metals and naturally occurring radioactive mate and extraction of hydrocarbons including rial brought to the surface with the water. but not limited to oil or natural gas. Such op erations include but are not limited to hy 3. Gas fracking or liquefied propane butane gas draulic fracturing or gas fracking. fracturing means the waterless process by which Any loss cost or expense arising in whole or in propane gel and proppants are nJeced l high. pressure into underground geologic formations to part out of the abating testing for monitoring i.. L create fractures to facilitate the release and ex cleaning up removing containing treating reme... traction of natural gas. diating or disposing of or in any way responding to or assessing the effects of hydraulic fractur 4. Proppant means particles that are used to ing gas fracking or flowback by any insured or by any other person or entity. keep fractures open after a hydraulic fracturing treatment. We will have no duty to settle any claim or defend any suit against the insured arising out of or in any way related to items 1. or 2. above. AUTHORIZED REPRESENTATIVE DATE GLI341s 812 Page 2 of 2 Insured Copy | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 mpany e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This policy does notapply to 1 Damages inany way or to any extent arising out of or involving asbestos asbestos fibers or any product containing asbestos or asbestos fibers. 2 Any economic loss diminution of property value abatement costs or any other loss cost or expense including equitable relief in any way or to any extent arising out of or involving asbestos asbestos fibers or any product containingasbestos or asbestos fibers. Any fees fines costs or expenses of any nature whatsoever in the investigation or defense of any claim or suit arising out of or involving asbestos asbestos fibers orany product containing asbestos or asbestos fibers. AUTHORIZED REPRESENTATIVE DATE UTI266 g 5 98 Insured Copy | 2 |
ENDORSEMENT Scottsdale Indemnity Company No. Attached to and forming a part of Endorsement Effective Date 12 31 16 Policy No. WLI0000369 1201 A.M. Standard Time Named Insured CITY OF GARDNER GARDNER ENERGY AgentNo. 24712 mpany e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD COMTAMINATION EXCLUSION This policy does not apply to 1. Any damages arising out of the ingestion inhalation or absorption of lead in any form. 2. Any loss cost or expense arising out of any a Request demand or order than any insured or others test for monitor clean up remove con tain treat dedtoxify or neutralize or in any way respond to or assess the effects of lead 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 lead. AUTHORIZED REPRESENTATIVE DATE UTI267 g 5 98 Insured Copy | 2 |
PL2665507 Great American ES Insurance Company GREATAMERICAN Property and Casualty INSURANCE GROUP Privacy Notice and Notice of Insurance Information Practices WHAT DOES GREAT AMERICAN INSURANCE GROUP PROPERTY AND CASUALTY GREAT AMERICAN DO WITH YOUR PERSONAL INFORMATION Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect share and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include e Social Security Number date of birth income Policy coverage premiums account balances payment and claim history e Credit history driving record medical and employment information. When you are no longer our customer we continue to share your information as described in this notice. Al financial companies need to share customers personal information to operate their business. In the section below we list the reasons financial companies can share their customers personal information the reasons Great American chooses to share and whether you can limit this sharing. Does Great Can you limit American share this sharing Reasons we can share your personal information For our everyday business purposes Yes No such as to process your transactions maintain accounts respond to court orders and legal investigations or report to credit bureaus For our marketing purposes Yes No to offer our products and services to you For joint marketing with other financial companies Yes No For our affiliates everyday business purposes Yes No information about your transactions and experiences For our affiliates everyday business purposes No We do not share information about your creditworthiness For our nonaffiliates to market to you No We do not share Questions Call 1 800 545 4269 or go to httpwww.greatamericaninsurancegroup.com. Great American ES Insurance Company ayment and claim history Urmant infarmmatinm Tes NO SDM 526 219 F14246 0219 Rev. 119 | 2 |
PL2665507 Page 2 Who is providing this notice Great American ES Insurance Company This notice is provided by certain companies that make up Great American. These companies are listed below. How does Great American protect my personal information What we do To protect your personal information from unauthorized access and use we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also limit access to your information to those who need it to do their jobs. How does Great American collect my personal information We collect personal information about you for example when you e Apply for insurance Give us your contact information e Pay your insurance premiums File an insurance claim e Tell us who receives the money Visit our website or email us. We also collect your personal information from others such as credit bureaus affiliates or other companies. Why ca nt limit all sharing Federal laws give you the right to limit only Sharing for affiliates everyday business purposes information about your creditworthiness Affiliates from using your information to market to you Sharing for nonaffiliates to market to you. State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law. Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include Financial companies with a common Great American name Financial companies such as MidContinent Casualty Company Republic Indemnity Company of America Summit Consulting LLC National Interstate Insurance Company or Premier Lease and Loan Services Insurance Agency Inc. e Others such as American Financial Group Inc. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Great American does not share with nonaffiliates so they can market to you. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. Our joint marketing partners include insurance agents or other insurance licensees. SDM 526 219 F14246 0219 Rev. 119 Great American ES Insurance Company e S aUUUL yOUU TOF BACITIPS wihon yuud mation ums personal information Vvily Lall L1 it aif stialiiiy urposes information about arket to you you additional rights to limit e abobe lomcss Alllllates Al e Tinarcial and Loan Services Nundifiiaios UL ITiaiRcLiriy Rev. 119 | 2 |
PL2665507 Great American ES Insurance Company We do not disclose your health information with third parties unless authorized by you or as allowed or required by law. We may disclose your information as permitted by law to underwrite or administer your policy claim or account. We may disclose your information to conduct research so long as no individual data may be identified in the research study report. You may review and correct information that we collect about you. To access your information please send a signed written request to PC Legal at Great American Insurance Company 301 East Fourth Street Cincinnati Ohio 45202 4269 or by email to clegalgaig.com. Please include your full name address telephone number and policy number in your letter. We may request other information to validate your identity such as a copy of your driver s license or other valid photo identification. If you believe any of your information is incomplete or incorrect please write to us and explain what data you believe needs correcting. We will review your information. If we agree we will correct our records. If we do not agree you may file a written statement of dispute with us. Upon your request we also may provide you with more information regarding the disclosure of your information. Great American Insurance Company American Empire Surplus Lines Insurance Company Great American Alliance Insurance Company American Empire Insurance Company Great American Assurance Company GAI Warranty Company Great American Casualty Insurance Company GAI Warranty Company of Florida Great American Contemporary Insurance Company Dempsey and Siders Inc. Great American ES Insurance Company Eden Park Insurance Brokers Inc. Great American Fidelity Insurance Company Professional Risk Brokers Inc. Great American Insurance Company of New York ABA Insurance Services Inc. Great American Protection Insurance Company Great American Insurance Agency Inc. Great American Security Insurance Company Premier Lease Loan Insurance Services Insurance Agency Inc. Great American Spirit Insurance Company Great American ES Insurance Company SDM 526 219 F14246 0219 Rev. 119 | 2 |
PL2665507 Great American ES Insurance Company PLEASE READ THIS CAREFULLY. SURPLUS LINES NOTIFICATION THE INSURANCE EVIDENCED HEREBY IS WRITTEN BY AN APPROVED NON LICENSED INSURER IN THE STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY ASSOCIATION. OHSN Ed. 0508 XS | 2 |
PL2665507 Great American ES Insurance Company RMU 7000 Ed. 0319 RETAINED RISK PROTECTION POLICY COMMERCIAL GENERAL LIABILITY DECLARATIONS Policy Number PL2665507 Previous Policy Number NEW ISSUING COMPANY PRODUCER NAME AND ADDRESS Great American ES Insurance Company R T Specialty LLC 10751 Deerwood Park Blvd Suite 145 Jacksonville FL 32256 IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. NAMED INSURED Kent Sporting Goods Company Inc. Absolute Outdoor Inc. MAILING ADDRESS 433 Park Ave New London OH 44851 1177 POLICY PERIOD From 09012019 To 09012020 At 1201 A.M. at your mailing address shown above FORM OF BUSINESS Limited Liability Company Joint Venture Partnership Trust X Other Organization including a Corporation Individual but not including a Partnership Joint Venture or Limited Liability Company LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damage to Premises Rented to you Limit 50000 Any one premises Personal and Advertising Injury Limit 1000000 Any one person or organization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 RETROACTIVE DATE RMU 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury which occurs before the Retroactive Date if any shown below. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES reat American ES Insurance Company 1177 FORM OF BUSINESS frust ndividual RMU 7000 Ed. 0319 Page 1 of 2 | 2 |
SELF INSURED RETENTIONS COVERAGE AMOUNT AND BASIS Bodily Injury and Property Damage Liability Combined SEE AES3020 Each Occurrence ONLY IF APPLICABLE SEE AES3020 Aggregate SEE AES3020 Each Occurrence Continuing Self Insured Retention Personal and Advertising Injury Liability SEE AES3020 Any one person or organization ONLY IF APPLICABLE SEE AES3020 Aggregate SEE AES3020 Any one person or organization Continuing Self Insured Retention CLAIMS SERVICE PROVIDER Company Name and Address Rietz Law Firm P.O. Box 5268 114 Village Place Suite 301 Dillon CO 80435 Contact Name and Number Peter Rietz 970 368 2349 PREMIUM AND RATES Basis of Premium Rate Advance Premium Gross Sales 175200000 2.533 443777 Certified Acts of Terrorism Premium Rejected Total Advance Premium 443777 Total Premium Due at Inception 443777 Minimum Premium 443777 Minimum Retained Premium 110944 FORMS AND ENDORSEMENTS The attached Forms and Endorsements Schedule CG 88 01 1185 lists all declarations forms and endorsements applicable to this policy and forming a part thereof at inception. Aggregate Each Occurrence Continuing Self Insured Retention Any one person or organization Suite 301 e A 2.533 Premium otion THE INSURANCE HEREBY EVIDENCED IS WRITTEN BY AN APPROVED NON LICENSED INSURER IN THE STATE OF OHIO AND IS NOT COVERED IN CASE OF INSOLVENCY BY THE OHIO INSURANCE GUARANTY ASSOCIATION Page 2 of 2 RMU 7000 Ed. 0319 | 2 |
PL2665507 Great American ES Insurance Company CG 8801 Ed. 1185 FORMS AND ENDORSEMENTS SCHEDULE It is here by understood and agreed the following forms and endorsements are attached to and are a part of this policy 17 18 19 20 21 Form and Edition AES3020 0501 CG8133 0811 RMU0015 1016 RMU0001 1016 CG8134 0811 RMU0012 1016 1L0017 1198 RMU0016 1116 AES3012 0811 L7268 0909 1L7125 0311 RMU2004 1016 AES3020 0501 AES3020 0501 1L7324 0812 CG9029 0516 CG2107 0514 ESG1010 0816 IL7069 0316 CG2133 1185 CG2147 1207 ST OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH Date Added or Date Deleted Form Description Amendment Self Insured Retention Endorsement Schedule Declarations Page Stop Gap Employers Liability Coverage Part Ohio Employee Benefits Liability Coverage Retained Risk Protection Policy Commercial General Liability Coverage Form Stop Gap Employers Liability Coverage Part Ohio Amendment Other Insurance Condition Primary And Noncontributory Common Policy Conditions Designated Locations General Aggregate Limit Subject To A Maximum Policy Aggregate Limit General Service of Suit Endorsement Not Applicable in Delaware or Pennsylvania In Witness Clause Named Insured Endorsement Automatic Additional Insured Vendors When Required In Writing In A Contract Or Agreement With You Who is an Insured Broad Form Renewal Rate Agreement Economic and Trade Sanctions Clause Exclusion of Claims and Suits Alleging infringement of Intellectual Property or Unfair Competition Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability Limited Bodily Injury Exception Not Included Exclusion Aircraft Products and Grounding Liability Exclusion Asbestos Exclusion Designated Products Exclusion Employment Related Practices ST OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH Form and Edition AES3020 0501 CG8133 0811 RMU0015 1016 RMU0001 1016 CG8134 0811 RMU0012 1016 1L0017 1198 RMU0016 1116 AES3012 0811 L7268 0909 1L7125 0311 RMU2004 1016 AES3020 0501 AES3020 0501 1L7324 0812 CG9029 0516 CG2107 0514 18 19 20 21 ESG1010 0816 IL7069 0316 CG2133 1185 CG2147 1207 OH OH OH OH CG 88 01 Ed. 1185 Page 1 of 2 | 2 |
Date Added or Date Deleted Form Description Exclusion Fungi or Bacteria Exclusion Liability Arising Out of Lead Exclusion Nuclear Energy Liability Exclusion Broad Form Exclusion Nuclear Biological or Chemical Exclusion Silica or Related Dust Exclusion Total Pollution with a Building Heating Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception Disclosure Pursuant to Terrorism Risk Insurance Act Exclusion Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the United States ST OH OH OH OH OH OH 22 23 24 25 26 27 Form and Edition CG2167 1204 CG7794 0798 1L0021 0908 CG8366 0605 CG8361 0205 CG2165 1204 28 L7210 0115 29 CG21750115 OH OH If not at inception CG 88 01 Ed. 1185 Page 2 of 2 | 2 |
PL2665507 Great American ES Insurance Company AES 3020 Ed. 05.01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL ENDORSEMENT AMENDMENT SELF INSURED RETENTION ENDORSEMENT SCHEDULE COVERAGE Bodily Injury andor Property Damage Liability Combined AMOUNT AND BASIS 750000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence 10000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence Products Completed Operations Hazard Continuing Self Insured Retention Premises Operations Hazard Continuing Self Insured Retention Personal and Advertising Injury Liability 750000 Any one person or organization 4000000 Aggregate 25000 Any one person or Organization Continuing Self Insured Retention odily Injury andor Property lity Combined 750000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence 10000 Each Occurrence 4000000 Aggregate 25000 Each Occurrence Products Completed Operations Hazard Continuing Self Insured Retention Premises Operations Hazard Continuing Self Insured Retention Products Completed Operations Hazard Premises Operations Hazard ersonal and Advertising jury Liability on or organization | 2 |
PL2665507 Great American ES Insurance Company CG 8133 Ed. 0811 Policy No. PL2665507 OHIO STOP GAP EMPLOYERS LIABILITY COVERAGE PART DECLARATIONS PAGE NAMED INSURED Kent Sporting Goods Company Inc. POLICY PERIOD Absolute Outdoor Inc. 09012019 to 09012020 LIMITS OF INSURANCE Bodily Injury By Accident Bodily Injury By Disease Bodily Injury By Disease 1000000 Each Accident 1000000 Each Employee 1000000 Aggregate Limit FORM OF BUSINESS ESTIMATED ANNUAL PREMIUM Included FORMS AND ENDORSEMENTS applicable to this Coverage Part and made part of this Policy at the time of issue are listed on the attached Forms and Endorsements Schedule CG 88 01 1185. CG 8133 Ed. 0811 Page 1 of 1 | 2 |
PL2665507 Great American ES Insurance Company RMU 0015 Ed. 1016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Self Insured Retention 1000000 Each Employee 5000 Each Employee 1000000 Aggregate Retroactive Date 09302005 A. The following is added to SECTION COVERAGES COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums in excess of the self insured retention that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will also reimburse the insured for defense and settlement costs paid by the insured in excess of the self insured retention provided such sums were incurred with our prior written consent. We will not pay damages or reimburse the insured for defense and settlement costs because of acts errors or omissions to which this insurance does not apply. The amount we will pay for damages is limited as described in Paragraph D. SECTION IIl LIMITS OF INSURANCE AND SELF INSURED RETENTION. b. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and Aggregate Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 1 of 8 | 2 |
3 Aclaim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make settlement in accordance with Paragraph a. above. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. You have the obligation to investigate any report of an act error or omission and the duty to defend or settle any claim or suit that may result and must pay all defense and settlement costs and damages up to the amount of the self insured retention. You will cooperate with us and give us the opportunity to participate in the investigation of any report of an act error or omission and the defense and settlement of any claim or suit. If we exercise such right we will do so at our own expense. We may at our sole discretion assume control of any claim or suit after the self insured retention has been exhausted and replace legal counsel with representation of our choice. Our obligation to reimburse the insured for defense and settlement costs will end once we have used up the applicable limit of insurance in the payment of judgments or settlements. In no event shall you agree to a settlement in excess of the self insured retention without our prior written consent. If we recommend a settlement which is acceptable to the claimant and would result in disposition of the claim or suit but you do not consent to the settlement then the most we will pay in the event of any later settlement or judgment is the amount of the negotiated settlement less the remaining amount under your self insured retention at the time we recommend such settlement. Exclusions This insurance does not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 2 of 8 | 2 |
d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supplementary Payments Coverages A B and Employee Benefits Liability. 2. Paragraph 2. of the Supplementary Payments provision does not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of SECTION Il WHO IS AN INSURED are replaced by the following 2. Each of the following is also an insured Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 3 of 8 | 2 |
Each of your employees who is or was authorized to administer your employee benefit program. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS is replaced by the following 1. Limits Of Insurance And Self Insured Retention The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages in excess of the self insured retention sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance and Self Insured Retention of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 4 of 8 | 2 |
extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance and Self Insured Retention. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit You must see to it that we are notified as soon as practicable of an act error or omission which may result in aclaim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 5 of 8 | 2 |
b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Retroactive Date shown in the Schedule of this insurance. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 3 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorsement is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Extended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 6 of 8 | 2 |
We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 7 of 8 | 2 |
e. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 6. 20. and 21. in the Definitions Section are replaced by the following 6. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased workel Employee does not include a temporary worker. 20. Self insured retention means the dollar amount you have chosen to pay from your own funds for defense and settlement costs incurred by you and damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. 21. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0015 Ed. 1016 Page 8 of 8 | 2 |
PL2665507 Great American ES Insurance Company RMU 0001 Ed. 1016 RETAINED RISK PROTECTION POLICY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement We will pay those sums in excess of the self insured retention that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will also reimburse the insured for defense and settlement costs paid by the insured in excess of the self insured retention provided such sums were incurred with our prior written consent. We will not pay damages or reimburse the insured for defense and settlement costs because of bodily injury or property damage to which this insurance does not apply. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 1 of 24 | 0 |
PL2665507 Great American ES Insurance Company 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. You have the obligation to investigate any occurrence and the duty to defend or settle any claim or suit that may result and must pay all defense and settlement costs and damages up to the amount of the self insured retention. You will cooperate with us and give us the opportunity to participate in the investigation of any occurrence and the defense and settlement of any claim or suit. If we exercise such right we will do so at our own expense. We may at our sole discretion assume control of any claim or suit after the self insured retention has been exhausted and replace legal counsel with representation of our choice. Our obligation to reimburse the insured for defense and settlement costs will end once we have used up the applicable limit of insurance in the payment of judgments or settlements under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. In no event shall you agree to a settlement in excess of the self insured retention without our prior written consent. If we recommend a settlement which is acceptable to the claimant and would result in disposition of the claim or suit but you do not consent to the settlement then the most we will pay in the event of any later settlement or judgment is the amount of the negotiated settlement less the remaining amount under your self insured retention at the time we recommend such settlement. 2. Exclusions This insurance does not apply to Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in that same insured contract to such party for or for the cost of that party s defense against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged any amounts we either reimburse you for or pay for reasonable attorneys fees or necessary litigation expenses in excess of the self insured retention incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property damage. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 2 of 24 | 1 |
PL2665507 Great American ES Insurance Company c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 3 of 24 | 1 |
PL2665507 Great American ES Insurance Company a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 4 of 24 | 1 |
PL2665507 Great American ES Insurance Company b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or s Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 5 of 24 | 1 |
PL2665507 Great American ES Insurance Company War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured s That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or G That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 6 of 24 | 1 |
PL2665507 Great American ES Insurance Company This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording and Distribution of Material or Information in Violation of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 7 of 24 | 1 |
PL2665507 Great American ES Insurance Company 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in SECTION IlI LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums in excess of the self insured retention that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will also reimburse the insured for defense and settlement costs paid by the insured in excess of the self insured retention provided such sums were incurred with our prior written consent. We will not pay damages or reimburse the insured for defense and settlement costs because of personal and advertising injury to which this insurance does not apply. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE AND SELF INSURED RETENTIONS. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. You have the obligation to investigate any offense and the duty to defend or settle any claim or suit that may result and must pay all defense and settlement costs and damages up to the amount of the self insured retention. You will cooperate with us and give us the opportunity to participate in the investigation of any offense and the defense and settlement of any claim or suit. If we exercise such right we will do so at our own expense. We may at our sole discretion assume control of any claim or suit after the self insured retention has been exhausted and replace legal counsel with representation of our choice. Our obligation to reimburse the insured for defense and settlement costs will end once we have used up the applicable Limit of Insurance in the payment of judgments or settlements under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. In no event shall you agree to a settlement in excess of the self insured retention without our prior written consent. If we recommend a settlement which is acceptable to the claimant and would result in disposition of the claim or suit but you do not consent to the settlement then the most we will pay in the event of any later settlement or judgment is the amount of the negotiated settlement less the remaining amount under your self insured retention at the time we recommend such settlement. Exclusions This insurance does not apply to Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 8 of 24 | 1 |
PL2665507 Great American ES Insurance Company b. Material Published with Knowledge of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior to Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 9 of 24 | 1 |
PL2665507 Great American ES Insurance Company However this exclusion does not apply to subparagraphs a. b. and c. under personal and advertising injury in the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Recording and Distribution of Material or Information in Violation of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 10 of 24 | 1 |
PL2665507 Great American ES Insurance Company 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. If we participate in the investigation or settlement of any claim or in the defense of any suit against an insured we will pay all expenses we incur. We will also pay with respect to a claim or suit to which this insurance applies The cost in excess of the self insured retention of bonds to release attachments but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. All court costs taxed against the insured in the suit in excess of the self insured retention. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on the period of time after the offer. Interest on the amount in excess of the self insured retention of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the limits of insurance. 2. When an indemnitee of the insured is named in a suit in which the insured is also named as a party we will pay for attorney s fees and necessary litigation expenses of the indemnitee in excess of the self insured retention. Such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the Limits of Insurance only if the following conditions are met The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that the same counsel can be assigned to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 11 of 24 | 1 |
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