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PL2665507 Great American ES Insurance Company b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. Our obligation to reimburse the insured for attorney s fees and necessary litigation expenses as Supplementary Payments ends when 1 we have used up the applicable Limit of Insurance in the payment of judgments or settlements 2 the conditions a. through e. set forth above are no longer met or 3 the terms of the agreement described in paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as e. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 12 of 24 | 1 |
PL2665507 Great American ES Insurance Company c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. For the purposes of this subparagraph professional health care services do not include incidental medical malpractice. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE AND SELF INSURED RETENTIONS 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 13 of 24 | 1 |
PL2665507 Great American ES Insurance Company The General Aggregate Limit is the most we will pay for the sum of a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY except damages because of bodily injury or property damage included in the products completed operations hazard and b. Damages under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. The Products Completed Operations Aggregate Limit is the most we will pay under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for the sum of all damages in excess of the self insured retention because of all personal and advertising injury sustained by any one person or organization. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in excess of the self insured retention because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages in excess of the self insured retention because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. The Each Occurrence Self Insured Retention shown in the Declarations is the amount you must pay before this insurance applies for damages and defense and settlement costs because of all bodily injury and property damage arising out of any one occurrence. If there is a dollar amount shown in the Declarations as an Aggregate Self Insured Retention applicable to Bodily Injury and Property Damage Liability then once the total paid by you for damages and defense and settlement costs for bodily injury or property damage to which this insurance applies reaches that amount only the Continuing Self insured Retention shown in the Declarations will apply to each subsequent occurrence. The Personal and Advertising Injury Liability Self Insured Retention shown in the Declarations is the amount you must pay before this insurance applies for damages and defense and settlement costs because of all personal and advertising injury sustained by any one person or organization. If there is a dollar amount shown in the Declarations as an Aggregate Self Insured Retention applicable to Personal and Advertising Injury Liability then once the total paid by you for damages and defense and settlement costs for personal and advertising injury to which this insurance applies reaches that amount only the Continuing Self insured Retention shown in the Declarations will apply to personal and advertising injury sustained by each subsequent person or organization. The Limits of Insurance and Self Insured Retentions of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance and Self Insured Retentions. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Insolvency or Inability to Pay Bankruptcy insolvency or inability of the insured to pay will not relieve us of our obligations under this Coverage Part. Under no circumstances will any such bankruptcy insolvency or inability to pay require us to drop down and replace the self insured retention or to assume or bear any obligations or duties associated with the self insured retention. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 14 of 24 | 1 |
PL2665507 Great American ES Insurance Company 2. Duties in The Event of Occurrence Offense Claim or Suit You must see to it that we receive written notice as soon as practicable of any occurrence or offense involving Spinal cord or brain injury Hospitalization for longer than 96 hours 3 A fatality 4 Amputation or the loss of use of arm leg or eye that is likely to last longer than 8 weeks s Second degree burns over 25 percent of the body or any third degree burns 6 Any personal and advertising injury It The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants A claim for which you are likely to incur costs to investigate defend and settle that are 50 percent or more of the amount of your self insured retention or A suit in which the demand for damages is equal to or greater than 25 percent of the amount of your self insured retention. Knowledge of an occurrence offense claim or suit by an employee agent or other representative of yours or any failure by such employee agent or other representative to notify us does not in itself constitute knowledge by you or a failure to comply with the duties above unless notice of such occurrence offense claim or suit was received by an executive officer director or risk manager of yours or by any employee authorized by you to give or receive notice of an occurrence offense claim or suit. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses 3 The nature and location of any injury or damage arising out of the occurrence or offense 4 Copies of all demands notices summonses or legal papers received in connection with the claim or suit and 5 The results or status of any investigations either underway or already completed. You and any other involved insured must 1 Authorize us to obtain records and other information 2 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 3 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense in excess of the self insured retention without our consent. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 15 of 24 | 1 |
PL2665507 Great American ES Insurance Company Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii Thatis Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 16 of 24 | 1 |
PL2665507 Great American ES Insurance Company 3 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. Premium Audit Minimum Premium and Minimum Retained Premium Premium shown in the Declarations as Advance Premium is a deposit premium only. At the close of each policy period we will calculate the earned premium for that period in accordance with our rules and rates and the terms and conditions of this policy. Any additional premium is due and payable upon notice to the first Named Insured. If the advance premium paid is greater than the audited earned premium then we will return the excess to the first Named Insured subject to the Minimum Premium provision below. In no event will the final earned premium for the policy period be less than the Minimum Premium shown in the Declarations. If Flat Charge is shown under Basis of Premium the Advance Premium is the Minimum Premium. If this policy is cancelled we will send the first Named Insured any premium refund due in accordance with the Cancellation Common Policy Condition subject to the Minimum Retained Premium provision below. The Minimum Retained Premium shown in the Declarations is the policy writing minimum premium and applies if the policy is cancelled by you and the earned premium is less than the Minimum Retained Premium or if the policy is cancelled for nonpayment of premium. If no Minimum Retained Premium is shown in the Declarations the Minimum Retained Premium will be an amount equal to 25 of the Advance Premium. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree b. c. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and We have issued this policy in reliance upon your representations. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 17 of 24 | 1 |
PL2665507 Great American ES Insurance Company 10. 1. 12. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. If the insured agreed to waive their rights of recovery against a person or organization in writing in a contract or agreement executed prior to the injury or damage then we will waive our rights of recovery against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Access to Claim Files We reserve the right to review claim files and audit the handling of claims by you or your Claims Service Provider shown in the Declarations. You agree to cooperate with us and assist us in obtaining access to these files as needed. Claims Service Provider The Claims Service Provider shown in the Declarations was selected by you with our consent. It is our expectation that you will retain this organization until all claims under this policy have been closed. You must give us advance written notice if you intend to materially alter terminate or suspend your claims service agreement. Any replacement Claims Service Provider must be acceptable to us. Reports You or your Claims Service Provider must send us written summaries of all claims made under this policy at regular intervals established and agreed to at the inception of this policy and at other times as we may request. Such reports should include a. The date the incident took place and the date reported b. The location where the incident took place and a brief description c. The claim number and the claimant s name d. Status of the claim open closed or in suit e. Amounts of all indemnity payments and reserves f. Amounts of any defense and settlement costs incurred and reserved and g. The cumulative impact of such payments and reserves on the Aggregate Self Insured Retention if applicable. Regardless of the timing of such reports you must also provide separate written notice of certain occurrences offenses claims or suits in accordance with Condition 2. above. These reports do not take the place of such notice. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 18 of 24 | 1 |
PL2665507 Great American ES Insurance Company 13. 14. Satisfaction of the Self Insured Retention The self insured retention may only be satisfied by actual payments made by you and may not be satisfied by other insurance either in whole or in part. Unintentional Failure to Disclose Failure to disclose all premises operations or other hazards existing as of the inception date of this policy or other errors or omissions in the application for insurance or supporting documentation will not prejudice your rights under this policy provided such failure to disclose was unintentional and there was no material misrepresentation or concealment by the insured or anyone acting on the insured s behalf. You must report all errors or omissions to us as soon as possible after they are discovered. We may at our discretion charge additional premium or take other action based on the actual exposures. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. Aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury if directly resulting from bodily injury. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. Allother parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 19 of 24 | 1 |
PL2665507 Great American ES Insurance Company 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 5. Defense and settlement costs means reasonable and necessary costs fees and expenses incurred by the insured in the investigation defense or settlement of claims or suits for which coverage is provided by this policy or would be provided if not for the self insured retention. Defense and settlement costs do not include a. Wages or salaries of any insured s employees or employees of the Claims Service Provider b. Overhead costs and day to day expenses of any insured or of the Claims Service Provider c. Fees paid to legal counsel on a general retainer or d. Any other costs or expenses that can not be directly allocated to a specific claim or suit. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 9. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 10. Incidental medical malpractice means bodily injury caused by a. The rendering of or failure to render first aid or other urgent medical care or b. Nursing treatment advice or instructions or the related furnishing of food or beverages. 11. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 20 of 24 | 1 |
PL2665507 Great American ES Insurance Company 12. 13. 14. e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After itis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While itis in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 21 of 24 | 1 |
PL2665507 Great American ES Insurance Company e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 15. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 16. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses b. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 17. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 22 of 24 | 1 |
PL2665507 Great American ES Insurance Company 18. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 19. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 20. Self insured retention means the dollar amount you have chosen to pay from your own funds for damages and defense and settlement costs as shown in the Declarations a. For each occurrence or b. Because of all personal and advertising injury arising out of an offense and sustained by any one person or organization. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 23 of 24 | 1 |
PL2665507 Great American ES Insurance Company 21. 22. 23. 24 Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 0001 Ed. 1016 Page 24 of 24 | 1 |
PL2665507 Great American ES Insurance Company CG 81 34 Ed. 08 11 OHIO STOP GAP EMPLOYERS LIABILITY COVERAGE PART Various provisions of this Coverage Part restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this Coverage Part the words you and your refer to the Named Insureds shown in the Declarations. The words we us and our refer to the Company providing the insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION STOP GAP COVERAGE 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated by Ohio Law to pay as damages because of bodily injury by accident or bodily injury by disease to your employee to which this insurance applies. We will have the right and duty to defend the Insured against any suit seek ing those damages. However we will have no duty to defend the Insured against any suit seeking damages to which this in surance does not apply. We may at our discretion investigate any accident and settle any claim or suit that may result. But 1 the amount we will pay as damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 our right and duty to defend end when we have used up the applicable Limits of Insurance in the payment of judg ments or settlements under this cov erage. No other obligation or liability to pay sums or performs acts or services is covered unless explicitly provided for under 3. Supplementary Payments. b. This insurance applies to bodily injury by accident or bodily injury by disease only if 1 The a bodily injury by accident or bodily injury by disease takes place in the coverage territory b bodily injury by accident or bodily injury by disease arises out of and in the course of the injured employee s employment by you and c employee at the time of injury was covered under a workers compensation policy and subject to a workers compensation law of Ohio and 2 The bodily injury by accident is caused by an accident that occurs during the policy period or a b bodily injury by disease is caus ed by or aggravated by the in jured employee s conditions of employment by you and the in jured employee s last day of last exposure to the conditions caus Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 1 of 9 | 2 |
PL2665507 12665507 ing or aggravating such bodily injury by disease occurs during the policy period. c. The damages we will pay where this in surance applies and recovery is permitted by law include damages 1 For a which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of bodily injury by ac cident or bodily injury by dis ease to your employee care and loss of services result ing from the injury referred to in c.1a and b c bodily injury by accident or bodily injury by disease to a spouse child parent brother or sister of the injured employee as a consequence of the injury referred to in c.1a provided that these damages are the direct consequence of bodily injury by accident or bodily injury by disease that arises out of and in the course of the injured em ployee s employment by you and 2 Because of bodily injury by accident or bodily injury by disease to your employee that arises out of and in the course of employment claimed against you in a capacity other than as employer. 2. Exclusions This insurance does not apply to any a. Abuse Bodily injury by accident or bodily injury by disease arising out of Great American ES Insurance Company 1 any actual threatened or alleged abuse molestation harassment or sexual conduct or sexual conduct or miscon duct of or directed at any person by any other person or 2 the wrongful a employment b investigation c supervision d reporting to the proper authorit ies or failure to so report e retention or f referral of or to any person for whom any insured is or ever was legally respon sible and whose conduct would be excluded by 1 above. This exclusion applies whether or not the conduct or misconduct described in 1 or 2 is or is alleged to be sexual non sexual negligent reckless knowing inten tional fraudulent oppressive malicious or otherwise.. Asbestos Damages arising out of attributable to or in any way related to any form of asbes tos or the actual threatened or alleged transmission of any form of asbestos in any manner.. Contractual Liability Liability assumed by any insured under any contract or agreement.. Crew Members Bodily injury by accident or bodily injury by disease to a master or member of the crew of any vessel or any member of the flying crew of any aircraft. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 2 of 9 | 2 |
PL2665507 Great American ES e. Criminal Acts Bodily injury by accident or bodily injury by disease resulting from a fraudulent act or criminal act by 1 any insured 2 the employee suffering the bodily injury by accident or bodily injury by disease or 3 any other person employed as either an employee or a temporary work er by the same employer as the em ployee suffering the bodily injury by accident or bodily injury by disease. f. Employee Benefit Plans 1 liability arising out of any activity by the Insured concerning any employee benefit plan or self insured fund or for any amount due under any fringe benefit or retirement program or 2 obligation of the Insured under the Employee Retirement Income Security Act of 1974 ERISA or any of its amendments or under any similar law regulation or ordinance. g. Failure to Comply with Workers Com pensation Law Bodily injury by accident or bodily injury by disease to an employee when you are 1 deprived of common law defenses or 2 otherwise subject to penalty because of your failure to secure your obligations or other failure to comply with any workers compensation law. h. Federal Laws 1 Bodily injury by accident or bodily injury by disease to any person sus tained in the course of any employ ment that is subject to any of the fol lowing laws a the Federal Employer s Liability Act 45 USC Sections 51 60 Great American ES Insurance Company 1 t or bodily injury m a fraudulent act fering the bodily or bodily injury by mployed as either temporary work ployer as the em e bodily injury by injury by disease. of any activity by ng any employee f insured fund or under any fringe t program or Insured under the 1 t Income Security SA or any of its ler any similar law nce. Workers Com 1 t or bodily injury ployee when you 1 law defenses or penalty e to secure your ure to comply with ition law. ccident or bodily any person sus e of any employ to any of the fol mployer s Liability ctions 51 60 b the Non appropriated Fund In strumentalities Act 5 USC Sec tions 8171 8173 c the Longshore and Harbor Work ers Compensation Act 33 USC Sections 910 950 d the Outer Continental Shelf Lands Act 43 usc Sections 1331 1356 e the Defense Base Act 42 USC Sections 1651 1654 f the Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 g the Migrant and Seasonal Agricul tural Worker Protection Act 29 USC Sections 1801 1872 h any other workers compensation unemployment compensation or disability laws or any similar law or i any subsequent amendments to the laws listed above and 2 Premium assessment penalty fine benefit liability or other obligation im posed by or granted pursuant to any law described in 1a through 1i. i. Fines and Penalties Assessment penalty or fine levied by any regulatory or inspection agency or au thority j. Intentional Injury Bodily injury by accident or bodily injury by disease 1 deliberately caused or aggravated by you with actual intent to injure an em ployee or 2 resulting from an act or omission ac tually or allegedly committed by you or by any person or organization on your behalf if at the time of the act or omission it would have been reason Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 3 of 9 | 2 |
PL2665507 365507 able for you or for that person or organization to believe that an injury was substantially certain to occur. k. Pollution Liability arising from related to or which would not have occurred but for the dis charge dispersal release escape pres ence of or exposure to smoke vapors soot fumes acids alkalis toxic chemicals liquid gases waste materials or other ir ritants contaminants or pollutants from any source at any location at any time.. Punitive Damages Punitive or exemplary damages treble damages the enhanced or multiple com ponent of enhanced or multiplied damages or any other damages intended to punish or deter conduct rather than to compen sate for harm because of bodily injury by accident or bodily injury by disease to an employee.. Remuneration Bodily injury by accident or bodily injury by disease suffered by any employee whose full remuneration has not been in cluded in the total remuneration upon which premium for this insurance is based.. Silica Bodily injury by accident or bodily injury by disease which would not have oc curred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of presence of exposure to or contact with silica or dust that includes or contains silica. This exclusion applies regardless of 1 the circumstances of or leading to such actual alleged threatened or suspected inhalation ingestion expo sure contact existence or presence and Great American ES Insurance Company 2 whether the silica or dust that in cludes or contains silica is mixed with or combined with or also in cludes or contains any other sub stance. o. Statutory Obligations Obligation of an insured under a workers compensation or occupational disease law disability benefits law unemployment compensation law or any similar law.. Termination Coercion or Discrimination Damages arising out of coercion criticism demotion evaluation reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or arising out of any oth er employment or personnel decision of the Insured.. Violation of Age Laws or Employment of Minors Bodily injury by accident or bodily injury by disease suffered or caused by any person 1 knowingly employed by you in violation of any law as to age or 2 under the age of 14 years regardless of any such law.. Violation of Law Bodily injury by accident or bodily injury by disease suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your execu tive officers.. War Damages arising out or war whether or not declared or any act or condition in cidental to war. War includes civil war insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 4 of 9 | 2 |
PL2665507 t. Welding and Cutting Operations Bodily injury by accident or bodily injury by disease arising out of caused by re sulting from contributed to aggravated by or related in any way whether directly or indirectly and whether in whole or in part to any actual alleged or threatened exposure to existence of presence of contact with ingestion of inhalation of or absorption of any fume vapor dust re sidue smoke soot gas chemical radiation or radioactive material particle or par ticulate arising from any 1 welding operation including but not limited to welding brazing soldering thermal spraying or cutting or 2 welding or cutting equipment or ma terial including but not limited to rods electrodes wire or similar prod uct welding consumables base metal or any coating present on base ma terial or 3 any supervision instruction recom mendation warning or advice given or which should have been given in con nection with item 1. or 2. above. This exclusion applies regardless of whether or not the exposure existence presence contact ingestion inhalation or absorption or any of its effects was sudden accidental gradual intended ex pected unexpected preventable not pre ventable manmade naturally occurring or any combination of the foregoing. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. c. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the ap plicable Limit of Insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or Great American ES Insurance Company suit including actual loss of earnings up to 100 a day because of time off from work.. All court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured.. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the ap plicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer.. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid of fered to pay or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the Limits of Insurance. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declaration as a. An individual you and your spouse are insured but only with respect to the con duct of a business of which you are the sole owner.. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your busi ness.. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insur eds but only with respect to their duties as your managers.. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive of ficers and directors are insureds but only with respect to their duties as your of ficers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 5 of 9 | 2 |
PL2665507 e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a named insured if there is no other similar insurance available to that organization. However a. coverage under this provision is afforded only until 90th day after you acquire or form the organization or the end of the policy period whichever is earlier and b. coverage does not apply to bodily injury by accident or bodily injury by disease that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture or limited liability company that is not shown as a named insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions and the rules below fix the most we will pay regardless of the number of a. insureds b. claims made or suits brought or c. persons or organizations making claims or bringing suits. 2. The Bodily Injury by Accident Each Ac cident Limit shown in the Declarations is the most we will pay for all damages covered by this insurance because of bodily injury by accident to one or more employees in any one accident. 3. The Bodily Injury by Disease Aggregate Limit shown in the Declarations is the most we will pay for all damages covered by this in surance and arising out of bodily injury by disease regardless of the number of em ployees who sustain bodily injury by dis ease. Great American ES Insurance Company 4. Subject to paragraph 3. above the Bodily Injury by Disease Each Employee Limit shown in the Declarations is the most we will pay for all damages because of bodily injury by disease to any one employee. 5. The limits of this Coverage Part apply sepa rately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations un less the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In the Event of Occurrence Claim or Suit a. You must see to it that we or our agent are notified as soon as practicable of a bodily injury by accident or bodily injury by disease which may result in a claim. To the extent possible notice should include 1 how when and where the bodily in jury by accident or bodily injury by disease took place 2 the names and addresses of any in jured persons and witnesses and 3 the nature and location of any injury. b. If a claim is made or suit is brought against any insured you must 1 immediately record the specifics of the claim or suit and the date re ceived and 2 notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 6 of 9 | 2 |
PL2665507 c. You and any other involved insured must 1 immediately send us copies of any de mands notices summonses or legal papers received in connection with the injury claim or suit 2 authorize us to obtain records and other information 3 cooperate with us in the investigation settlement or defense of the claim or suit and 4 assist us upon our request in the en forcement of any right against any person or organization which may be liable to the Insured because of injury to which this insurance may also apply. d. No insured shall except at that Insured s own cost voluntarily make a payment as sume any obligation or incur any expense other than for first aid without our con sent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. to join us as a party or otherwise bring us into a suit asking for damages from an insured or b. to sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re cover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable Limit of Insur ance. An agreed settlement means a settle ment and release of liability signed by us the Insured and the claimant or the claimant s legal representative. 4. Other Insurance a. This insurance is primary except when paragraph b. below applies. Great American ES Insurance Company b. If both this insurance and other insurance apply to the same bodily injury by ac cident or bodily injury by disease then our insurance applies only in excess of all that other insurance regardless of wheth er that other insurance is described as primary excess contributing contingent or otherwise. However our insurance is not excess over other insurance that is bought and issued specifically to apply only in excess of the limits of our insur ance. c. When our insurance is excess over other insurance then we have no duty to defend the Insured against any suit if any other insurer has a duty to defend the Insured against that suit. If no other insurer de fends we will undertake to do so but we will be entitled to the Insured s rights against all those other insurers. d. When our insurance is excess over other insurance we will pay only our share of the amount of the damages to which our insurance applies if any that exceeds the sum of 1 the total amount that all such other insurance would pay for those dam ages in the absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 2 We will share the remaining damages if any with any other insurance that is not described in this Other Insurance provi sion and was not bought and issued spe cifically to apply in excess of the limits of our insurance. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and ret Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 7 of 9 | 2 |
PL2665507 L.2665507 rospective premiums is the date shown as the due date on the bill. If the sum of the Advance and audit premiums paid for the Policy term is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this Policy you agree a. the statements in the Declarations are ac curate and complete b. those statements are based upon repre sentations you made to us and c. we have issued this Policy in reliance upon your representations. 7. Separation of Insureds Except with respect to the Limits of Insur ance and any rights or duties specifically as signed in this Coverage Part to the first Named Insured this insurance applies a. as if each Named Insured were the only Named Insured and b. separately to each insured against whom claim is made or suit is brought.. Transfer of Rights of Recovery Against Others to Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the Insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written no tice of the nonrenewal not less than 30 days before the expiration date. Great American ES Insurance Company If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Bodily injury by accident means bodily in jury sickness or disease sustained by a per son including death resulting from an ac cident. A disease is not bodily injury by ac cident unless it results directly from bodily injury by accident.. Bodily injury by disease means a disease sustained by a person including death. How ever bodily injury by disease does not in clude a disease that results directly from an accident.. Coverage territory means a. the United States of America including its territories and possessions Puerto Rico and Canada b. international waters or airspace but only if the bodily injury by accident or bodily injury by disease occurs in the course of travel or transportation between any places included in a. above and c. all other parts of the world but only if the bodily injury by accident or bodily injury by disease arises out of the activities of a person whose home in the territory de scribed in a. above but who is away for a short time on your business provided the bodily injury by accident or bodily injury by disease arises out of and in the course of employment by an insured ei ther i. in operations in Ohio or in operations nec essary or incidental thereto or ii. is sustained while temporarily outside the territory described in a. above arising out of and in the course of employment by the Insured in connection with operations in Ohio.. Criminal act means an act punishable in Ohio under any federal state or local criminal statute ordinance or other law. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 8 of 9 | 2 |
PL2665507. Silica. Suit. Employee includes a leased worker. Em ployee does not include a temporary work er.. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document.. Leased worker means a person leased to you by a labor leasing firm under an agree ment between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not in clude a temporary worker. means any type or form of the chemical compound silicon dioxide SiO2 in any form from any source. means a civil proceeding in which damages to which this insurance applies are alleged and which is brought in a court located in the United States of America including its territories and possessions Puerto Rico or Canada. Suit includes a. an arbitration proceeding alleging such damages to which the Insured must submit or submits with our consent and 10. 1. Great American ES Insurance Company b. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent which is commenced conducted and decided in the United States of America including its territories and possessions Puerto Rico or Canada. However suit does not include any pro ceeding brought to enforce or collect on a judgment rendered by any court or tribunal located outside the United States of America including its territories and possessions Puerto Rico and Canada. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Workers Compensation Law means the Workers Compensation Law and any Occupa tional Disease Law of Ohio. Workers Com pensation Law does not include the provi sions of any law providing non occupational disability benefits. Includes copyrighted material of ISO Properties Inc. with its permission. CG 81 34 Ed. 0811 Page 9 of 9 | 2 |
PL2665507 Great American ES Insurance Company RMU 0012 Ed. 1016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OTHER INSURANCE CONDITION PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. SECTION IV 4. Other Insurance is amended to add the following Primary and Noncontributory Insurance This insurance applies in excess of the self insured retention but is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would apply before and would not seek contribution from any other insurance available to the additional insured. This endorsement does not change any other provision of the policy. RMU 0012 Ed. 1016 | 2 |
PL2665507 Great American ES Insurance Company IL 00 17 Ed. 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this Policy are subject to the following conditions. IL 00 17 Ed. 1198 XS A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this Policy by mailing or delivering to the first Named Insured writ ten notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effec tive date of cancellation. The policy period will end on that date. 5. If this Policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Changes This Policy contains all the agreements be tween you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this Policy. C. D. Examination of Your Books and Records We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. Inspections and Surveys 1. We have the right to a. make inspections and surveys at any time b. give you reports on the conditions we find and c. recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommenda tions and any such actions we do under take relate only to insurability and the pre miums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. are safe or healthful or b. comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition ap ply not only to us but also to any rating advisory rate service or similar organiza tion which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. Copyright ISO Properties Inc. 1998 Page 1 of 2 | 2 |
PL2665507 Great American ES Insurance Company E. Premiums The first Named Insured shown in the Dec larations 1. is responsible for the payment of all pre miums and 2. will be the payee for any return premiums we pay. F. Transfer of Your Rights and Duties Under this Policy Your rights and duties under this Policy may not be transferred without our written con sent except in the case of death of an in dividual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal re presentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright ISO Properties Inc. 1998 Page 2 of 2 IL 00 17 Ed. 1198 XS | 2 |
PL2665507 Great American ES Insurance Company RMU 0016 Ed. 1116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT SUBJECT TO A MAXIMUM POLICY AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated Locations Each location owned by or rented to you and shown in the application for insurance submitted to us. Maximum Policy Aggregate Limit 10000000 A. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 1. The Designated Location General Aggregate Limit is the most we will pay for damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY that can be attributed to operations only at any single designated location shown in the Schedule above except damages because of bodily injury or property damage included in the products completed operations hazard. Such payments shall reduce the Maximum Policy Aggregate Limit shown in the Schedule above. Such payments shall not reduce a. The General Aggregate Limit shown in the Declarations or b. Any Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. The limit shown in the Declarations for Each Occurrence continues to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limit will be subject to the applicable Designated Location General Aggregate Limit when the occurrence that caused the bodily injury or property damage can be attributed to operations only at a single designated location shown in the Schedule above. B. The General Aggregate Limit shown in the Declarations continues to apply for any bodily injury or property damage that is not subject to a Designated Location General Aggregate. 1. The General Aggregate Limit is the most we will pay for the sum of a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY except damages within any Designated Location General Aggregate Limit or damages because of bodily injury or property damage included in the products completed operations hazard and Page 1 of 2 RMU 0016 Ed. 1116 | 2 |
b. Damages under COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. 2. Such payments shall reduce the Maximum Policy Aggregate Limit shown in the Schedule above. 3. Such payments shall not reduce any Designated Location General Aggregate Limit. 4. The limit shown in the Declarations for Each Occurrence continues to apply and remains subject to the General Aggregate Limit shown in the Declarations when the occurrence that caused the bodily injury or property damage can not be attributed to operations only at a single designated location shown in the Schedule above. 5. The limit shown in the Declarations for Personal and Advertising Injury continues to apply and remains subject to the General Aggregate Limit shown in the Declarations.. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit shown in the Declarations and shall also reduce the Maximum Policy Aggregate Limit shown in the Schedule above.. The Maximum Policy Aggregate is the most we will pay under this policy. For the purposes of this endorsement SECTION V DEFINITIONS is amended to add the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. The provisions of SECTION III LIMITS OF INSURANCE AND SELF INSURED RETENTIONS not otherwise modified by this endorsement continue to apply as stipulated. This endorsement does not change any other provision of the policy. Page 2 of 2 RMU 0016 Ed. 1116 | 2 |
PL2665507 Great American ES Insurance Company AES 3012 Ed. 08 11 GENERAL SERVICE OF SUIT ENDORSEMENT Not applicable in Delaware or Pennsylvania Pursuant to any statute of any state or district of the United States of America that makes provision therefor the Insurer hereby designates the commissioner superintendent or director of insurance or other officer specified for that purpose in the statute and his or her successors in office and duly authorized deputies as the Insurer s true and lawful attorney for service of legal process in any action suit or proceeding brought in the state where this Policy is issued by or on behalf of an insured or beneficiary against the Insurer arising out of the insurance issued under this Policy. Any legal process received by such attorney for service of legal process shall be forwarded except as provided below to the attention of Office of General Counsel PC Legal Group Great American Insurance Group 301 E. 4th Street Cincinnati Ohio 45202. In California any legal process received by the Insurer s statutory attorney for service of process shall be forwarded to the attention of Nancy Flores The CT Corporation System 818 West Seventh Street Los Angeles California 90017 In the District of Columbia any legal process received by the Insurer s statutory attorney for service of process shall be forwarded to CT Corporation System 1015 15th Street NW Suite 1000 Washington DC 20005 In lllinois the Director at his or her option may forward a copy of the process to the Surplus Line Association of lllinois for delivery to the unauthorized insurer or may deliver the process to unauthorized insurer by another means which the Director considers to be reasonably prompt and certain. To be valid the process must state the names of the Insured and the unauthorized insurer and identify the contract of insurance. In Maine the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to CT Corporation System One Portland Square Portland Maine 04101. In Oregon the Insurer and the Insured policyholder hereby agree to waive the provisions of Oregon Insurance Code section 735.490 requiring that service of legal process in any action relating to this Policy shall be served on the insurance agent who registered or delivered this Policy and instead agree that such service of legal process be mailed directly to Office of General Counsel PC Legal Group Great American Insurance Group 301 E. 4th Street Cincinnati Ohio 45202. In Rhode Island the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to CT Corporation System 10 Weybosset Street Providence Rhode Island 02903. The foregoing designations of attorney for service of legal process upon the Insurer shall not constitute a waiver of the Insurer s rights to remove remand dismiss or transfer any suit or proceeding from any court or to commence any suit or other proceeding in any court of competent jurisdiction. Dated 08012011 AES 3012 Ed. 0811 | 2 |
PL2665507 Great American ES Insurance Company IL 72 68 Ed. 09 09 In Witness Clause In Witness Whereof we have caused this Policy to be executed and attested and if required by state law this Policy shall not be valid unless countersigned by our authorized representative. President bl O Cutarit Secretary Copyright Great American Insurance Co. 2009 IL7268GG 0909 IL 72 68 Ed. 0909 | 2 |
PL2665507 Great American ES Insurance Company IL 71 25 Ed. 0311 NAMED INSURED ENDORSEMENT It is agreed that the Named Insured shown in the Declarations is amended to read as follows Kent Sporting Goods Company Inc. Absolute Outdoor Inc. Aqua Sports Company Limited Betlin Inc. Black Sheep Inc. Connelly Skis Inc. Full Throttle Apparel Company HO Sports Company Inc. J Sport Co. Kent Sporting Goods Company Inc. Kent Watersports Asia Limited Mississippi Sportswear Mfg. Co. Motion Water Sports Inc. Motion Water Sports Europe ApS World Asia Industrial Limited Barefoot International Ltd. IL 71 25 Ed. 0311 Page 1 of 1 | 2 |
PL2665507 Great American ES Insurance Company RMU 2004 Ed. 1016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED VENDORS WHEN REQUIRED IN WRITING IN A CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. SECTION Il WHO IS AN INSURED is amended to include as an additional insured any person or organizations referred to throughout this endorsement as vendor with whom you have agreed in writing in a contract or agreement to include as an additional insured on your policy but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business. However the insurance afforded to such vendor 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement Any express warranty unauthorized by you Any physical or chemical change in the product made intentionally by the vendor Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 2004 Ed. 1016 Page 10f 2 | 2 |
PL2665507 Great American ES Insurance Company 1 The exceptions contained in subparagraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to SECTION Ill LIMITS OF INSURANCE AND SELF INSURED RETENTIONS The most we will pay on behalf of the vendor is 1. The amount of insurance required by the contract or agreement minus the amount of damages payable by you within the self insured retention or 2. The amount of insurance available in excess of the self insured retention under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This endorsement does not change any other provision of the policy. Includes copyrighted material of Insurance Services Office Inc. with its permission. RMU 2004 Ed. 1016 Page 2 of 2 | 2 |
PL2665507 Great American ES Insurance Company AES3020 Ed.05.01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WHO IS AN INSURED BROAD FORM GENERAL ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION Il WHO IS AN INSURED is deleted in its entirety and replaced by the following SECTION Il WHO IS AN INSURED 1. If you are listed as a Named Insured in this policy and you are An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above Page 10f3 | 2 |
PL2665507 Great American ES Insurance Company AES3020 Ed.05.01 c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. For the purposes of this subparagraph professional health care services do not include incidental medical malpractice. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 4. A partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations will qualify as an insured if you are or were a partner or member and you b. Maintained majority interest Exercised management control or Agreed in writing in a contract or agreement to provide insurance of the type afforded by this policy for the entire partnership joint venture or limited liability company. Page 20f3 | 2 |
PL2665507 Great American ES Insurance Company AES3020 Ed.05.01 However this insurance is excess over any other insurance available to the partnership joint venture or limited liability company whether primary excess contingent or on any other basis. With respect to a partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations or does not qualify as an insured under Paragraph 4. above you are an insured with respect to your liability arising out of the conduct such partnership joint venture or limited liability company. However coverage does not apply with respect to any bodily injury property damage or personal and advertising injury for which other insurance is available to you or would be available but for its termination or the exhaustion of the limits of insurance. This endorsement does not change any other provision of the policy. Page 30f3 | 2 |
PL2665507 Great American ES Insurance Company AES 3020 Ed. 05 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RENEWAL RATE AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions is amended to include the following additional condition Renewal Rate We agree to offer renewal of this policy for the period of September 1 2020 to September 1 2021 at the same rates shown in the Declarations provided that a. Our total paid and reserved loss amounts for the period of September 1 2019 to June 1 2020 are less than 25 of the gross earned premium for the same period b. There has been no deterioration of your financial condition or adverse developments that may affect your financial stability in our sole opinion c. There have been no material changes in your product your work or your operations and d. You have nt received notice of any incidents involving your product that took place during any policy period to which this endorsement applies which resulted in any of the following 1 A fatality 2 Moderate or severe traumatic brain injury 3 Amputation or paralysis lasting longer than 8 weeks. | 2 |
PL2665507 Great American ES Insurance Company IL 73 24 Ed. 08 12 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CLAUSE This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. IL 73 24 Ed. 0812 | 2 |
PL2665507 Great American ES Insurance Company CG 90 29 Ed. 0516 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CLAIMS AND SUITS ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY OR UNFAIR COMPETITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage B Personal and Advertising Injury Liability 2. Exclusions i. Infringement of Copyright Patent Trademark or Trade Secret is deleted and replaced by the following i. Claim or Suit Alleging Infringement of Intellectual Property 1 Any claim or suit that alleges personal and advertising injury arising out of any actual alleged or threatened misappropriation infringement or violation of any intellectual property or intellectual property right or law of any description including but not limited to any of the following a k U copyright patent trademark trade name trade secret trade dress service mark slogan service name description of origin source authorship authenticity or quality other right to or law recognizing an interest in any expression idea likeness name style of doing business symbol or title or Any other intellectual property right or law. This exclusion applies to our duty to defend and our duty to pay damages whether such misappropriation infringement or violation is committed in your advertisement or otherwise. CG 90 29 Ed. 0516 Page 1 of 2 | 2 |
PL2665507 Great American ES Insurance Company B. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury Liability 2. Exclusions Claim or Suit Alleging Violation of Laws Concerning Unfair Competition or Similar Laws 1. Any claim or suit that alleges personal and advertising injury arising out of any actual alleged or threatened violation of any statutes common law or other laws or regulations concerning unfair competition antitrust restraint of trade piracy unfair trade practices or any similar laws or regulations. 2. Any personal and advertising injury alleged in a claim or suit that also alleges any actual alleged or threatened violation of any statutes common law or other laws or regulations concerning unfair competition antitrust restraint of trade piracy unfair trade practices or any similar laws or regulations. This exclusion applies to our duty to defend and our duty to pay damages whether such misappropriation infringement or violation is committed in your advertisement or otherwise. C. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 2. Exclusions Claim or Suit Alleging Infringement of Intellectual Property or Violation of Laws Concerning Unfair Competition or Similar Laws Any bodily injury or property damage alleged in any claim or suit that also alleges any 1. misappropriation infringement or violation of any intellectual property or intellectual property right or law described in paragraph 1 of COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions I. Claim or Suit Alleging Infringement of Intellectual Property or 2. violation of any statute common law or other laws or regulations described in COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions Claim or Suit Alleging Violation of Laws Concerning Unfair Competition or Similar Laws. D. The following exclusions are added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage C Medical Payments 2. Exclusions Claim or Suit Alleging Infringement of Intellectual Property or Violation of Laws Concerning Unfair Competition or Similar Laws Any medical expenses alleged in any claim or suit that also alleges any a. misappropriation infringement or violation of any intellectual property or intellectual property right or law described in paragraph 1 of COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions I. Claim or Suit Alleging Infringement of Intellectual Property or b. violation of any statute common law or other laws or regulations described in COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B Personal and Advertising Injury 2. Exclusions Claim or Suit Alleging Violation of Laws Concerning Unfair Competition or Similar Laws. All other policy terms and conditions remain unchanged. 0 29 Ed. 0516 Page 2 of 2 CG 90 29 Ed. 0516 | 2 |
PL2665507 Great American ES Insurance Company CG 21 07 Ed. 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of SECTION COVERAGE A Bodily Injury and Property Damage Li ability is replaced by the following 2. Exclusions This insurance does not apply to p. Access or Disclosure of Confiden tial or Personal Information and Data related Liability Damages arising out of 1 any access to or disclosure of any person s or organization s confidential or personal informa tion including patents trade se crets processing methods cus tomer lists financial information credit card information health in formation or any other type of nonpublic information or 2 the loss of loss of use of dam age to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense in curred by you or others arising out of that which is described in paragraph 1 or 2 above. As used in this exclusion electronic data means information facts or pro grams stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with elec tronically controlled equipment. B. The following is added to paragraph 2. Exclu sions of SECTION COVERAGE B Per sonal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Access or Disclosure of Confidential or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods cus tomer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit mon itoring expenses forensic expenses pub lic relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confi dential or personal information. Copyright Insurance Services Office Inc. 2013 CG 21 07 Ed. 0514 | 2 |
PL2665507 Great American ES Insurance Company ESG 1010 Ed. 0816 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION AIRCRAFT PRODUCTS AND GROUNDING LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions Aircraft Products and Grounding Liability Any bodily injury or property damage arising out of or related in any way to 1. aircraft products 2. grounding of any aircraft or 3. missiles rockets satellites or spacecraft. B. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B. Personal and Advertising Injury Liability 2. Exclusions Aircraft Products and Grounding Liability Any personal and advertising injury arising out of or related in any way to 1. aircraft products 2. grounding of any aircraft or 3. missiles rockets satellites or spacecraft. C. The following definitions are added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION V DEFINITIONS of the Occurrence Form and SECTION VI DEFINITIONS of the Claims Made Form 1. Aircraft products means aircraft or any ground support or control equipment used in relation to aircraft including a. any aircraft parts b. any products installed in or on aircraft c. any goods or products used in connection with an aircraft and d. ground handling tools and equipment. ESG 1010 Ed. 0816 Page 1 of 3 | 2 |
PL2665507 Great American ES Insurance Company Aircraft products also includes any a. tooling used in the manufacture of any such parts goods products tools or equipment b. representations or warranties made with respect to any such parts goods products tools or equipment c. training aids instructions manuals blueprints engineering and other data engineering reports for any such parts goods products tools or equipment and d. other advice services and labor relating to any such parts goods products tools or equipment. 2. Grounding means the withdrawal of an aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the actual alleged or suspected existence of any defect fault or condition of aircraft products. D. The following exclusion is added to PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS 2. Exclusions Aircraft Products and Grounding Liability Any bodily injury or property damage arising out of or related in any way to 1. aircraft products 2. grounding of any aircraft or 3. missiles rockets satellites or spacecraft. E. The following definitions are added to PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION V DEFINITIONS of the Occurrence Form and SECTION VI DEFINITIONS of the Claims Made Form 1. Aircraft products means aircraft or any ground support or control equipment used in relation to aircraft including a. any aircraft parts b. any products installed in or on aircraft c. any goods or products used in connection with an aircraft and d. ground handling tools and equipment. Aircraft products also includes any a. tooling used in the manufacture of any such parts goods products tools or equipment b. representations or warranties made with respect to any such parts goods products tools or equipment c. training aids instructions manuals blueprints engineering and other data engineering reports for any such parts goods products tools or equipment and ESG 1010 Ed. 0816 Page 2 of 3 | 2 |
PL2665507 Great American ES Insurance Company d. other advice services and labor relating to any such parts goods products tools or equipment. Grounding means the withdrawal of an aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the actual alleged or suspected existence of any defect fault or condition of aircraft products. This endorsement does not change any other provision of the policy. ESG 1010 Ed. 0816 Page 3 of 3 | 2 |
PL2665507 Great American ES Insurance Company IL 70 69 Ed. 0316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS COVERAGE PART OWNER AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART FARM COVERAGE PART This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or related in any way to asbestos asbestos containing materials or asbestos containing products. We shall not have the duty to defend any such claim or suit. IL 70 69 Ed. 0316 | 2 |
PL2665507 Great American ES Insurance Company CG 2133 Ed. 1185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Designated Products All products manufactured distributed or sold by Northsports Inc DBA Aquaglide prior to August 15 2018. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance does not apply to bodily injury or property damage included in the products completed operations hazard and arising out of any of your products shown in the Schedule. Insurance Services Office Inc. 1984 Page 1 of 1 CG 2133 Ed. 1185 | 2 |
PL2665507 Great American ES Insurance Company CG 21 47 Ed. 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to paragraph 2. Exclusions of Section Coverage A Bodily Injury and Property Damage Liability This insurance does not apply to Bodily injury to 1 a person arising out of any a refusal to employ that person b termination of that person s employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices de scribed in paragraphs a b or c above is directed. This exclusion applies 1 whether the injury causing event de scribed in paragraphs a b or c above occurs before employment during employment or after employ ment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to paragraph 2. Exclusions of Section Coverage B Personal and Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 a person arising out of any a refusal to employ that person b termination of that person s employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of per sonal and advertising injury to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies 1 whether the injury causing event de scribed in paragraphs a b or c above occurs before employment during em ployment or after employment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay dam ages because of the injury. Copyright ISO Properties Inc. 2006 CG 21 47 Ed. 1207 XS | 2 |
PL2665507 Great American ES Insurance Company CG 21 67 Ed. 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to paragraph 2. Exclusions of SECTION Coverage A Bodily Injury and Property Damage Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of in gestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its con tents regardless of whether any other cause event material or product con tributed concurrently or in any se quence to such injury or damage.. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or en tity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. B. The following exclusion is added to paragraph 2. Exclusions of SECTION Coverage B Personal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bac teria on or within a building or struc ture including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or en tity. C. The following definition is added to the Defi nitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Copyright ISO Properties Inc. 2003 CG 21 67 Ed. 1204 XS | 2 |
PL2665507 Great American ES Insurance Company CG 77 94 Ed. 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LIABILITY ARISING OUT OF LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART This insurance does not apply to 1. bodily injury property damage or per sonal and advertising injury arising out of resulting from or in any way caused by or related to the actual alleged or threatened ingestion inhalation absorption or exposure to lead in any form from any source or 2. any loss cost expense liability or other type of obligation arising out of or resulting from or in any way related to any a. claim suit request demand directive or order by or on behalf of any person en tity or governmental authority that any In sured or others test for monitor clean up remove contain treat detoxify neu tralize or in any way respond to or as sess the effects of lead in any form from any source or to any b. claim or suit by or on behalf of any per son entity or governmental authority for damages or any other relief or remedy because of testing for monitoring clean ing up removing containing treating or detoxifying or neutralizing or in any way responding to or assessing the effects of lead in any form. We shall not be obligated to investigate on behalf of an Insured or to defend or indemnify an In sured or any person or entity claiming any right under the policy for the matters excluded in this endorsement. Includes copyrighted material of Insurance Services Office Inc. with its permission. CG 77 94 Ed. 0798 XS | 2 |
PL2665507 Great American ES Insurance Company IL 00 21 Ed. 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 in jury or property damage 1 with respect to which an insured un der the Policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Li ability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its ter mination upon exhaustion of its Limit of Liability or 2 resulting from the hazardous prop erties of nuclear material and with respect to which a any person or organization is required to maintain fi nancial protection pursuant 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 agree ment entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments Coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and aris ing out of the operation of a nuclear fa cility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear mate rial if 1 the nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 the bodily injury or property dam age 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 nuclear fa cility but if such facility is located within the United States of America its Copyright ISO Properties Inc. 2007 Page 1 of 2 IL 00 21 Ed. 0908 XS | 2 |
PL2665507 Great American ES Insurance Company territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product ma terial. Nuclear facility means a any nuclear reactor b any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the cus tody of the Insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d any structure basin excavation 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 de signed 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 ra dioactive contamination of property. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a con taining by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Copyright ISO Properties Inc. 2007 Page 2 of 2 IL 00 21 Ed. 0908 XS | 2 |
PL2665507 Great American ES Insurance Company CG 83 66 Ed. 06 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR BIOLOGICAL OR CHEMICAL EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTORS A. The following exclusion is hereby added to paragraph 2. Exclusions of SECTION COVERAGE A. Bodily Injury and Property Damage Liability of the Commercial Gen eral Liability Coverage Form and to para graph 2. Exclusions of SECTION I. COV ERAGES of the Owners and Contractors Protective Liability Coverage Form Cov erage for Operations of Designated Con tractor 2. Exclusions Nuclear Biological or Chemical Notwithstanding any other provision of this policy this insurance does not apply to any bodily injury or property damage caused directly or indirectly in whole or in part by any of the following regardless of any other causes or events that may contribute concurrently or in any other sequence to the bodily injury or prop erty damage 1 Any actual attempted suspected or threatened use of any NBC material as part of any plan effort or design actually or apparently intended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. 2 Any actual attempted suspected or threatened presence spread dissemi nation release escape or distribution of any NBC material as a direct or indirect result of any actual attempted suspected or threatened plan effort or design actually or apparently in tended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. NBC Material means any nuclear bio logical or chemical material or substance that causes damage to property or is harmful to human health. NBC material includes but is not limited to 1 any radioactive substance or material and the radiation it releases 2 any pathogen bacterium microbe virus or other organism 3 any substance or material produced by or from any pathogen bacterium mi crobe virus or other organism and 4 any poison toxin or other harmful chemical substance or material. The foregoing list 1 through 4 is only illustrative and should not be construed as a complete exclusive or exhaustive list of all NBC materials. CG 83 66 Ed. 0605 XS Page 1 of 2 | 2 |
PL2665507 Great American ES Insurance Company B. The following exclusion is hereby added to paragraph 2. Exclusions of SECTION I. COVERAGE B. Personal and Advertising In jury Liability of the Commercial General Li ability Coverage Form 2. Exclusions Nuclear Biological or Chemical Notwithstanding any other provision of this policy this insurance does not apply to any personal or advertising injury caused directly or indirectly in whole or in part by any of the following regardless of any other causes or events that may contribute concurrently or in any other sequence to the personal and advertising injury 1 Any actual attempted suspected or threatened use of any NBC material as part of any plan effort or design actually or apparently intended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. 2 Any actual attempted suspected or threatened presence spread dissemi nation release escape or distribution of any NBC material as a direct or indirect result of any actual attempted suspected or threatened plan effort or design actually or apparently in tended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. NBC Material means any nuclear bio logical or chemical material or substance that causes damage to property or is harmful to human health. NBC material includes but is not limited to 1 any radioactive substance or material and the radiation it releases 2 any pathogen bacterium microbe virus or other organism 3 any substance or material produced by or from any pathogen bacterium mi crobe virus or other organism and 4 any poison toxin or other harmful chemical substance or material. The foregoing list 1 through 4 is only illustrative and should not be construed as a complete exclusive or exhaustive list of all NBC materials. This endorsement does not change any other provision of the policy. CG 83 66 Ed. 0605 XS Page 2 of 2 | 2 |
PL2665507 Great American ES Insurance Company CG 83 61 Ed. 02 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR A. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage A. Bodily Injury and Property Damage Liabil ity of the Commercial General Liability Coverage Form and to paragraph 2. Exclu sions of SECTION I. COVERAGES of the Owners and Contractors Protective Liability Coverage Form Coverage for Operations of Designated Contractor 2. Exclusions This insurance does not apply to Silica or Related Dust a. Any bodily injury which would not have occurred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of exposure to or contact with silica or dust that includes or contains sili ca. b. Any property damage which would not have occurred in whole or in part but for the actual alleged threatened or suspected contact with exposure to existence of or presence of sili ca or dust that includes or contains silica. c. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other person or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and ii whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. B. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage B. Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form 2. Exclusions This insurance does not apply to Silica or Related Dust a. Any personal and advertising injury which would not have taken place in whole or in part but for the actual alleged threatened or suspected in halation or ingestion of contact with exposure to existence of or pres ence of silica or dust that includes or contains silica. CG 83 61 Ed. 0205 XS Page 1 of 2 | 2 |
PL2665507 Great American ES Insurance Company b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other person or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and. The following defi ii whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. tion is added to the Defi nitions Section Silica means silicon dioxide SiOz2 in any form from any source. C. The following definition is added to the Defi nitions Section Silica means silicon dioxide SiOz2 in any form from any source. CG 83 61 Ed. 0205 XS Page 2 of 2 | 2 |
PL2665507 Great American ES Insurance Company CG 21 65 Ed. 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under paragraph 2. Exclusions of SECTION Coverage A Bodily Injury and Property Damage Liabilityis replaced by the fol lowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. This exclusion does not apply to a bodily injury if sustained within a b building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot pro duced by or originating from equip ment that is used to heat cool or de humidify the building or equipment that is used to heat water for personal use by the building s occupants or their guest or bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i at any premises site or location which is or was at any time used by or for any insured or others for the handling storage dispos al processing or treatment of waste or ii at any premises site or location on which any insured or any con tractors or subcontractors work ing directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify 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 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. Copyright ISO Properties Inc. 2003 CG 21 65 Ed. 1204 XS | 2 |
PL2665507 Great American ES Insurance Company IL72 10 Ed. 0115 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Rejection of Offer You have rejected the offer of terrorism coverage for Acts of Terrorism that are certified under the Terrorism Risk Insurance Act as an Act of Terrorism. An exclusion of terrorism losses has been made a part of this Policy. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in paragraph C. below of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. You have rejected this offer of coverage. Federal Share of Losses Under the Terrorism Risk Insurance Act 85 Year 2015 84 Year 2016 83 Year 2017 82 Year 2018 81 Year 2019 80 Year 2020 Includes copyrighted material of Insurance Services Office Inc. with its permission IL72 10 Ed. 0115 | 2 |
PL2665507 Great American ES Insurance Company CG 21 75 Ed. 0115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substan tial risk of death or b. Protracted and obvious physical dis figurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or ra diation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical ma terials or 5. Pathogenic or poisonous biological or chemical materials are released and it ap pears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to mea sure the magnitude of an incident of an other act of terrorism and the circumstances in TERRORISM Any injury or damage arising directly or in directly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States in cluding its territories and possessions and Puerto Rico but within the coverage terri tory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business in terruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the ap plication of any terrorism exclusions or Insurance Services Office Inc. 2015 Page 1 of 2 CG 21 75 Ed. 0115 | 2 |
PL2665507 Great American ES Insurance Company which the threshold will apply for the purpose of determining whether this exclusion will ap ply to that incident. 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 environ mental 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 provi sions of the federal Terrorism Risk Insur ance Act to be an act of terrorism pursu ant 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 Insur ance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or Unit ed States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regu lation in the United States regardless of where the loss occurs or b The premises of any United States mission and The act is a violent act or an act that is dangerous to hu man life property or infra structure and is committed by an individual or individuals as part of an effort to co erce the civilian population of the United States or to influence the policy or af fect the conduct of the United States Government by coercion. c 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of ter rorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. 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 other wise excluded under this Coverage Part. Insurance Services Office Inc. 2015 Page 2 of 2 CG 21 75 Ed. 0115 | 2 |
Date 10082019 Policy Number 686 24 15 DANIEL CONDON 0075 0075 Underwriter Name Underwriter Region Underwriter Branch Underwriter Telephone Operator Name Operator Telephone Issuing Division Policy Effective Date Transaction Type Set Copy Name Broker Email Address JHAMIE CAPARAS 0055 09302019 REN ELECTRONIC COPY mmartinglockton.com EPS TRACKING1D UUF95021000110082019 POLICY NUMBER 006862415 TABLE EFFECTIVE DATE 09302019 TABLE WRITTEN DATE 09062019 DocuCorp International eUPS | 2 |
DANIEL CONDON CHICAGO 500 W. Madison Street Suite 3000 Chicago ILLINOIS 60661 Re EAGLE TRANSPORT CORPORATION PRODUCER IS 0036877 LOCKTON COMPANIES LLC b4k W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 686 24 15 PRODUCER COV LTR | 2 |
AIG Insurance 877 To Serve 867 3783 Email toserveAIG.com 10082019 MATT MARTING LOCKTON COMPANIES LLC 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 Re INSURED NAME EAGLE TRANSPORT CORPORATION Policy No. GL 686 24 15 Effective Date 09302019 Dear MATT MARTING Enclosed please find the following document New Policy Thank you for your binder. Enclosed please find the original and broker copies of the policy issued to the above named insured. Renewal Thank you for your renewal binder. Enclosed please find the original and broker copies of the policy issued to the above named insured. Endorsements No. and Type of Change Enclosed please find the original and one copy of the change endorsements as requested. The enclosed documents provide a complete and accurate representation of the coverages agreed to under the terms and conditions set out in the binder or change request document. Upon your review please contact your underwriter promptly with any questions or concerns. We appreciate your business and strive to makeyour satisfaction our 1 priority. | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 916 | 2 |
Ry of No I 2 Feney o 61 288 24 15 al of No. 1929282 CG DS 011 oo 6L 24 15 Coverage is provided by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA a capital stock company 175 Water Street New York NY 10038 212 458 5000 COMMERCIAL GENERAL LIABILITY DECLARATIONS CG DS 011001 NAMED INSURED MAILING ADDRESS EAGLE TRANSPORT CORPORATION 300 S. WESLEYAN BLVD 200 ROCKY MOUNT NC 27804 4215 PRODUCER S NAME MAILING ADDRESS LOCKTON COMPANIES LLC 4hk W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 POLICY PERIOD From 09302019 to 09302020 at 1201 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS X CORPORATION PARTNERSHIP O LIMITED LIABILITY COMPANY INDIVIDUAL O OTHER BUSINESS DESCRIPTION TRANSPORT SERVICES LOCATION OF ALL PREMISES YOU OWN RENT OR OCCUPY ON FILE WITH COMPANY 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. POLICY PREMIUM 114455 PREMIUM SHOWN IS PAYABLE 114 455 at inception. This policy is subject to annual audit Premium for Certified Acts of Terrorism Coverage Under Terrorism Risk Insurance Act 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act 2015 Not Applicable Coverage Rejected By Insured SCHEDULE OF STATE TAXES FEES AND SURCHARGES IF APPLICABLE State Taxes Fees and Surcharges shown are in addition to the above referenced Policy Premium. ENDORSEMENTS ATTACHED TO THIS POLICY SEE ATTACHED FORMS SCHEDULE THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS IF APPLICABLE TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. Date Issued 10082019 93837 1206 CGDS011001 Includes copyrighted material of Insurance Services Office Inc. with its permission ISO Properties Inc. 2000 Page1 of 2 | 2 |
LIMITS OF INSURANCE EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT PERSONAL ADVERTISING INJURY LIMIT GENERAL AGGREGATE LIMIT PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 100000 10000 2000000 2000000 2000000 Any one premise Any one person Any one person or organization RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVER TISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES. CLASSIFICATION AND PREMIUM RATE ADVANCE PREMIUM CODE PREMIUM prem Prod comp Prem Prod comp CLASSIFICATION NO. BASE Ops Ops Ops Ops SEE COMPOSITE RATE ENDORSEMENT A AREA Total 1144565 cHwvozo Gl OTHER Ul TOTAL COST DMISSIONS OTAL OPERATING EXPENSES AYROLL ROSS SALES NITS EACH OuU LIMIT 93837 1206 CGDS011001 Includes copyrighted material of Insurance Services Office Inc. with its permission ISO Properties Inc. 2000 Page2 of 2 | 2 |
IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its President Secretary and Authorized Representative. Secretary NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA gm.w President NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer. Authorized Representative SIGNUJ | 2 |
FORMS SCHEDULE EFFECTIVE DATE 09302019 NAM ED INSURED EAGLE TRANSPORT CORPORATION POLICY NO GL 686 24 15 CGO001 0413 COMM GENERAL LIABILITY COVERAGE FORM G0224 1093 EARLIER NOTICE OF CANC G2001 0413 PRIMARY AND NONCONTRIBUTORY G2010 0413 OWNERS LESSEES CONTR LIAB CG2011 0413 MANAGERS LESSORS OF PREMISES G2015 0413 ADDITIONAL INSURED VENDORS G2026 0413 DESGNTD PERS ORG G2033 0413 ADDITIONAL INSRD 62107 0514 EXCL ACC DISCL CONF PERS LMTD BI NOT INC G2147 1207 EMPL. RELATED PRACTICES EXCL. G2155 0999 TOTAL POLL EXCL WITH A HOSTILE FIRE G2266 1185 MISDELIVERY OF LIQUID PROD COV G2404 0509 WAIVER OF TRANS RIGHTS OF RECOV G2427 0413 LIMITED CONTRACTUAL LIAB RAILROADS IL0017 1198 COMMON POLICY CONDITIONS IL0021 0908 NUCLEAR ENERGY LIAB EXCL BROAD FORM IL0269 0908 NC CHANGES CANCELLATION NONRENEWAL 58332 0807 TOTAL LEAD EXCLUSION 61944 0914 BROAD FORM NAMED INSURED 62132 1008 UNINTENTIONAL ERRORS AND OMISSIONS 62898 0712 RADIOACTIVE MATTER EXCLUSION 64004 0712 ERISA EXCLUSION 65329 0901 DELN OF CONTRL LIAB EXCL COV B 74447 0901 PERSONAL INJURY DEFINITION EXTENSION 81461 0804 LARGE RISK RATING PLAN ENDT 81462 0403 EXTENSION SCHEDULE OF THE LARGE RISK 82540 0712 ASBESTOS AND SILICA EXCL ENDT 89644 0613 ECONOMICS SANCTIONS ENDORSEMENT 94356 1016 DEDUCTIBLE COVERAGE ENDT FORM A 95284 0807 COVG FOR EMPL RELATING TO CO EMPL INJ 115924 1013 INDIANA AMENDATORYDEFIN OF POLLU 118951 0115 TERRORISM EXCL CERTIFIED ACTS 119483 0816 COMPOSITE RATING PLAN ENDORSEMENT | 2 |
POLICY NUMBER GL 686 24 15 POLICY NUMBER GL 686 24 15 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 Decla rations and any other person or organization quali fying 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 organi zation qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes c. 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 pro perty damage occurred then any conti nuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period.. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2Receives 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.. Damages because of bodily injury include damages claimed by any person Insurance Services Office Inc. 2012 Page 1 of 16 m CG 00010413 | 0 |
or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage ex pected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay dama ges 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 ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage 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 b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability 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 trans portation with respect to any person that may be under the influence of al cohol 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 distri buting selling serving or furnishing al coholic beverages. For the purposes of this exclusion permitting a person to bring al coholic 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 con duct of the insured s business or 2 The spouse child parent brother or sister of that employee as a con sequence 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. Insurance Services Office Inc. 2012 CG00010413 O Page 2 of 16 | 1 |
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 connec tion with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily of fuels lubricants or other opera ting 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 a rises out of the intentional dis charge 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 subcont ractor or iiiBodily 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 de toxify or neutralize or in any way res pond to or assess the effects of pollutants. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 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 addi tional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally respon sible or d At or from any premises site or location on which any insured or any Insurance Services Office Inc. 2012 Page 3 of 16 m CG 00010413 | 1 |
Page 4 of 16 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 de toxify or neutralize or in any way res pond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or asses sing the effects of pollutants. However this paragraph does not apply to liability for damages because of pro perty damage that the insured would have in the absence of such request de mand 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 main tenance 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 pro vided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury sing out of a The opera equipment t of a land under the d ment if it v pulsory or 1 or other mc where it is raged or b The operatic or equipmer or f.3 of equipment. h. Mobile Equipment Bodily injury or out of 1 The transportat by an auto rented or loane 2 The use of I while in practic pared for any demolition or s i. War Bodily injury or ever caused aris out of 1 War including 2 Warlike action cluding action against an actt any governmer thority using n agents or 3 Insurrection re ped power or mental authorit against any of j. Damage To Proper Property damage 1 Property you including any c by you or any or entity for hancement res such property prevention of mage to anothe 2 Premises you s if the propert any part of tho 3 Property loanec Insurance Services Office Inc. 2012 5 Bodily injury or property damage ari sing 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 equip ment if it were not subject to a com pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga raged 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 2The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage how ever caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnel or other agents or 3 Insurrection rebellion revolution usur ped power or action taken by govern mental authority in hindering or defending against any of these. j. 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 en hancement restoration or maintenance of such property for any reason including prevention of injury to a person or da mage 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 CG00010413 O | 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 subcont ractors 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 Sectionlll 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 da maged 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 in jured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2A delay or failure by you or anyone acting on your behalf to perform a cont ract 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 with drawn 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 in jury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including sys tems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Di ution 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 vio late 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 Insurance Services Office Inc. 2012 Page 5 of 16 m CG 00010413 | 1 |
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 collec ting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts. Contractual Lial Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. y Personal and advertising injury for which the insured has assumed liability in a cont ract or agreement. This exclusion does not apply to liability for damages that the in sured 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 Trade mark 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. Insurance Services Office Inc. 2012 CG00010413 O Page 6 of 16 | 1 |
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 3An 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 dis charge dispersal seepage migration re lease 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 re move contain treat detoxify or neutra lize or in any way respond to or assess the effects of pollutants or 2Claim or suit by or on behalf of a governmental authority for damages be. Recording And Di cause of testing for monitoring cleaning up removing containing treating de toxifying 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 in cluding 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 usur ped power or action taken by govern mental authority in hindering or defending against any of these. ution 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 vio late 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 3The 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 collec ting recording sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 1 On premises you own or rent Insurance Services Office Inc. 2012 Page 7 of 16 m CG 00010413 | 1 |
2On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cove rage territory and during the policy period b The expenses are incurred and re ported to us within one year of the date of the accident and c The injured person submits to exa mination at our expense by physi cians 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 de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on be half of any insured or a tenant of any in sured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activiti To a person injured while practicing ins tructing or participating in any physical exercises or games sports or athletic con tests. es f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys ex penses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that in demnitee if all of the following conditions are met Insurance Services Office Inc. 2012 CG00010413 O Page 8 of 16 | 1 |
damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are in sureds 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 stock holders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while per forming 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 in sureds for 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 occur rence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investi gation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the in demnitee and d Cooperate with us with respect to coordinating other applicable insu rance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by wus 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 Insurance Services Office Inc. 2012 Page 9 of 16 m CG 00010413 | 1 |
1 Bodily injury or personal and adver tising 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 busi ness b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. How ever a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability com pany that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Decla rations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages wunder Coverage A except damages because of bodily injury or pro perty damage included in the pro ducts completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the pro ducts 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 ad vertising injury sustained by any one person or organization. o iding or health tody or physical ny pur s m T T Insurance Services Office Inc. 2012 CG00010413 O Page 10 of 16 | 1 |
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 occu pied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense a gainst the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury 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. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an in sured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is avai lable 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 Para graph b. below applies. If this insurance is ses of determining the Limits of OMMERCIAL GENERAL LIABILITY r insolvency of the insured or of estate will not relieve us of our der this Coverage Part. e Event Of Occurrence Offense see to it that we are notified as acticable of an occurrence or an hich may result in a claim. To the sible notice should include vhen and where the occurrence 1se took place mes and addresses of any injured s and witheccaa and o o e Insurance Services Office Inc. 2012 Page 110f 16 O CG 00010413 | 1 |
primary our obligations are not affected un less 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 ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or tempo rarily occupied by you with per mission of the owner or ivIf the loss arises out of the main tenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or opera tions or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance pro vision 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 contri bution 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 contri bute 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 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 b. The statements in the Declarations are accu rate and complete Those statements are based presentations you made to us and upon re. 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 Insurance Services Office Inc. 2012 CG00010413 O Page 12 of 16 | 1 |
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 In sured 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 suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broad cast or published to the general public or speci fic market segments about your goods pro ducts 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 elec tronic 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 custo mers or supporters is considered an adver tisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. 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 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communi cation provided the insured s responsibility to pay damages is determined in a suit on the me rits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes un controllable or breaks out from where it was in tended to be.. Impaired property means tangible property that other than your product or your worl can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defec tive deficient inadequate or dangerous or b. You have failed to fulfill the terms of a cont ract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or sured were the only sured against whom is brought. covery Against Others o recover all or part of e made under this hts are transferred to nothing after loss to uest the insured will hose rights to us and w this Coverage Part o the first Named In arations written notice s than 30 days before f mailing will be suffi notice that is broad eneral public or speci Insurance Services Office Inc. 2012 Page 130f 16 O CG 00010413 | 1 |
organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. A sidetrack agreement Any easement or license agreement except in connection with construction or demo lition operations on or within 50 feet of a railroad. An obligation as required by ordinance to indemnify a municipality except in connec tion with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connec tion 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 ab sence 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 under pass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3Under 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 ins pection architectural or engineering acti vities. 10. Leased worker means a person leased to you 1 by a labor leasing firm under an agreement between you and the labor leasing firm to per form duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or 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 mecha nical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types 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 2Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for pur poses other than the transportation of persons or cargo. Insurance Services Office Inc. 2012 CG00010413 O Page 14 of 16 | 1 |
to be recycled reconditioned or reclaimed. 16. Products completed operations hazard b. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your pro duct or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service main tenance correction repair or replace ment but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment 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 pro ducts completed operations are subject to the General Aggregate Limit. 17. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. 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 construc tion or resurfacing or c Street cleaning 2Cherry 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 responsi bility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substan tially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials Insurance Services Office Inc. 2012 Page 150f 16 O CG 00010413 | 1 |
property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 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 in sured 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 Insurance Services Office Inc. 2012 CG00010413 O Page 16 of 16 | 1 |
CY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 02 24 1093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER GL 686 24 15 EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 30 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpazment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. Page 1of 1 O CG 02 24 1093 Copyright Insurance Services Office Inc. 1992 | 2 |
POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART POLICY NUMBER GL 686 24 15 policy provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu tion from any other insurance available to the additional insured. The following is added to the Other Insurance Condition and supersedes any provision to the contrary Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your Insurance Services Office Inc. 2012 Page 1of 1 CG 20010413 | 2 |
POLICY NUMBER GL 686 24 15 POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule if not shown above will be shown in the Declarations. that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than CG 201004 13 Page10f2 O Insurance Services Office Inc. 2012 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section Il 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. Page 2 of 2 CG 20100413 0 Insurance Services Office Inc. 2012 | 2 |
COMMERCIAL GENERAL LIABILITY POLICY NUMBER GL 686 24 15 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 ANY PREMISES OR PART THEREOF LEASED TO YOU. Name Of Persons Or Organizations Additional Insured ANY PERSON OR ORGANIZATION FROM WHOM YOU LEASE PREMISES OR WHO MANAGES PREMISES YOU OWN AND TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED UNDER THIS POLICY AS A RESULT OF ANY LEASE OR MANAGEMENT AGREEMENT YOU ENTER INTO WITH SUCH PARTIES. Additional Premium INCLUDED Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to Schedule and subject to the following additional include as an additional insured the persons or exclusions organizations shown in the Schedule but only This insurance does not apply to 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 1. Any occurrence which takes place after you cease to be a tenant in that premises. CG 20110413 Insurance Services Office Inc. 2012 Page 1 of 2 POLICY NUMBER GL 686 24 15 ANY PREMISES OR PART THEREOF LEASED TO YOU. ANY PERSON OR ORGANIZATION FROM WHOM YOU LEASE PREMISES OR WHO MANAGES PREMISES YOU OWN AND TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED UNDER THIS POLICY AS A RESULT OF ANY LEASE OR MANAGEMENT AGREEMENT YOU ENTER INTO WITH SUCH PARTIES. | 2 |
2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional in sured only applies to the extent permitted by law and 2. If coverage provided to the additional in sured is required by a contract or ag reement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il 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. Insurance Services Office Inc. 2012 CG 20110413 Page 2 of 2 | 2 |
POLICY NUMBER GL 686 24 15 POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to CG 20 1504 13 Insurance Services Office Inc. 2012 Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. Any express warranty unauthorized by you. Any physical or chemical change in the product made intentionally by the vendor. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Page 1 of 2 ARGV VI VIR ent Ty st Ve ECOME OBLIGATED TO INCLUDE AS AN DDITIONAL INSURED AS A RESULT OF ANY ONTRACT OR AGREEMENT YOU HAVE NTERED INTO. CG 20 1504 13 | 2 |
f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury or property damage ng out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accom panying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG 20 15 04 13 m | 2 |
POLICY NUMBER GL 686 24 15 POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your operations or ongoing 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il 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. ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT You HAVE ENTERED INTO. CG 20 26 04 13 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GL 686 24 15 OLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 20 3304 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an addi tional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an addi tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds the following additional ex clusions apply This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a. The prey drav fielc and b. Sup engl This exclu any insure doing in 1 training or if the occ jury or which cal injury in to rende engineerin 2. Bodily occurril a. All equi sucl serv perf add covi or b. Tha the to orgz con perf part. With respe additional Section Il The most insured is a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong doing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily in jury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. 2. Bodily injury or property damage occurring after a. All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance CG 20330413 Insurance Services Office Inc. 2012 Page10f2 O | 2 |
Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.. Required by the contract or agreement you have entered into with the additional insured or. Available under the applicable Limits of Insurance Services Office Inc. 2012 CG20330413 O Page 2 of 2 | 2 |
POLICY NUMBER GL 686 24 15 POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 2107 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A transmitted to or from computer soft Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions 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 pat ents trade secrets processing meth ods customer lists financial informa tion credit card information health information or any other type of non public information or 2 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 des cribed in Paragraph 1 or 2 above. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or ware including systems and appli cations 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 in formation health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit moni toring 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. transmitted to or from computer soft ware including systems and appli cations 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 in formation health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit moni toring 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 21 07 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER GL 686 24 15 POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 2147 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment dis cipline defamation harassment humilia tion discrimination or malicious prosecu tion directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is direct ed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and 2 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment dis cipline defamation harassment humilia tion discrimination or malicious prosecu tion directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of per sonal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and 2 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. IS0 Properties Inc. 2006 Page 1 of 1 m CG 2147 1207 | 2 |
POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 21 55 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollut ants at any time. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a At 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 or b At 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 to test for monitor clean up remove contain treat detoxify 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 b 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. CG 21 55 09 99 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISDELIVERY OF LIQUID PRODUCTS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Exclusion g. of COVERAGE A Section I does not apply to bodllv injury or property dam age arising out o 1.The delivery of any liquid product into a wrong receptacle or to a wrong address or 2.The erroneous delivery of one liquid product for another by an auto if the bodily injury or property damage oc curs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service maintenance correction repair or replacement of performance at the wrong address or be cause of any error defect or deficiency but which are otherwise completed will be deemed completed. Copyright Insurance Services Office Inc. 1984 Page 1 of 1 CG 2266 1185 | 2 |
POLICY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization PNC BANK NATIONAL ASSOCIATION 4720 PIEDMONT ROW DRIVE SUITE 300 CHARLOTTE NC 28210 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec tion IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera tions or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. POLICY NUMBER GL 686 24 15 NC BANK NATIONAL ASSOCIATION 720 PIEDMONT ROW DRIVE SUITE 300 HARLOTTE NC 28210 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1of1 O | 2 |
POLICY NUMBER GL 686 24 15 CY NUMBER GL 686 24 15 COMMERCIAL GENERAL LIABILITY CG 24 27 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad ANY RAILROAD OR GANIZATIONWHOM HAS GRANTED YOU AN EASEMENT FOR ANY AGREEMENT YOU HAVE ENTERED INTO. Designated Job Site JOB SITE TO PERMIT YOU TO PERFORM WORK AS A RESULT OF ANY CONTRACT OR Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions section is replaced by the following 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or those acting on your behalf. However such part of a contract or agree ment shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be im posed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. GRANTED YOU AN EASEMENT FOR ANY With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions section is replaced by the following 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in CG 24 27 04 13 Insurance Services Office Inc. 2012 Page 1of 1 O | 2 |
POLICY NUMBER GL 686 24 15 IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation D. 1. 6. The first Named Insured shownin the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10days beforetheeffective date of can cellation if we cancel for nonpaymentof premium or b. 30days before the effectivedate of can cellation if we cancel for any other reason. We willmail or deliver our notice to the first Named Insured s lastmailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we willsend 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 cancellationwill be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient 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 rec ords as theyrelate to this policy at any time dur ing the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommenda tions and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply withlaws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating ad visory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this conditiondoes not apply to any inspections surveys reports or re commendations we may make relative tocer tification under state or municipal statutes ordinances or regulations of boilers pres sure vessels or elevators. Premiums The first Named Insured shown in the Decla rations 1. Is responsible for the payment of all pre miums and 2. Will be the payee forany return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00 17 11 98 IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1of 1 O | 2 |
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