text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
POLICY NUMBER GL 686 24 15 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their succes sors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous proper ties of nuclear material and with re spect to which a any person or organi zation is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be en titled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency there of with any person or organization. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous proper ties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions or Canada this exclusion 3 ap plies only to property damage to such nuclear facility and any property there at. 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product mate rial. 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 reac tor. S0 Properties Inc. 2007 Page 1 of 2 m IL 00 21 09 08 | 2 |
Waste means any waste material a contain ing by product material other than the tailings or wastes produced by the extraction or con centration 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 fa cility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or c used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste 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 custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the fore going is located all operations conducted on such site and all premises used for such opera tions. 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 radio active contamination of property. S0 Properties Inc. 2007 ILO0 210908 O Page 2 of 2 | 2 |
POLICY NUMBER GL 686 24 15 POLICY NUMBER GL 686 24 15 IL 02 69 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH CAROLINA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Poli claim under this policy cy Condition is replaced by the following 2. Cancellation Requirements a. Policies In Effect Less Than 60 Days If this policy has been in effect for less than 60 days we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancella tion at least 1 15 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. b. Policies In Effect More Than 60 Days If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel this policy pri or to the 1 Expiration of the policy term or 2 Anniversary date stated in the policy only for one or more of the following reasons a Nonpayment of premium b An act or omission by the insured or his or her representative that constitutes material misrepresenta tion or nondisclosure of a material fact in obtaining this policy con tinuing this policy or presenting a c d e f g h 0 Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk Substantial breach of contractual duties conditions or warranties that materially affects the insurabil ity of the risk A fraudulent act against us by the insured or his or her representative that materially affects the insurabil ity of the risk Willful failure by the insured or his or her representative to institute reasonable loss control measures that materially affect the insurabil ity of the risk after written notice by us Loss of facultative reinsurance or loss of or substantial changes in applicable reinsurance as provided in G.S. 58 41 30 Conviction of the insured of a crime arising out of acts that mate rially affect the insurability of the risk A determination by the Commis sioner of Insurance that the contin uation of the policy would place us in violation of the laws of North Carolina or IL 02 69 09 08 IS0 Properties Inc. 2007 Page10f2 O | 2 |
You fail to meet the requirements contained in our corporate charter articles of incorporation or by laws when we are a company organized for the sole purpose of providing members of an organization with insurance coverage in North Carolina. We will mail or deliver written notice of cancellation to the first Named Insured at least i 15 days before the effective date of cancellation if we cancel for nonpayment of premium or i 30 days before the effective date of cancellation if we cancel for any other reason. c. Cancellation for nonpayment of premium will not become effective if you pay the premium amount due before the effective date of cancellation. d. We may also cancel this policy for any reason not stated above provided we ob tain your prior written consent. B. The following provisions are added and super sede any other provisions to the contrary 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver to the first Named In sured shown in the Declarations written notice of nonrenewal at least 45 days pri or to the 1 Expiration of the policy if this policy has been written for one year or less or 2 Anniversary date of the policy if this policy has been written for more than one year or for an indefinite term. b. We need not mail or deliver the notice of nonrenewal if you have 1 Insured property covered under this policy under any other insurance poli cy 2 Accepted replacement coverage or 3 Requested or agreed to nonrenewal of this policy. c. If notice is mailed proof of mailing will be sufficient proof of notice. 2. The written notice of cancellation or nonre newal will a. Be mailed or delivered to the first Named Insured and any designated mortgagee or loss payee at their addresses shown in the policy or if not indicated in the poli cy at their last known addresses and b. State the reason or reasons for cancella tion or nonrenewal. Page 2 of 2 IS0 Properties Inc. 2007 IL 02 69 08 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY This insurance does not apply to any bodily injury property damage personal and advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or products containing lead. 72 AutHorized Representative or Countersignature in States Where Applicable 58332 0807 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M.09302019 forms a part of policy No. GL 686 24 15 issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Policy Declarations Named Insured is revised to include Named Insured means the person or organization first named as the Named Insured on the Declarations Page of this policy the First Named Insured. Named Insured also includes 1 any other person or organization named as a Named Insured on the Declarations Page 2 any subsidiary associated affiliated allied or acquired company or corporation including subsidiaries thereof of which any insured named as the Named Insured on the Declarations Page has more than 50 ownership interest in or exercises management or financial control over at the inception date of this policy provided such subsidiary associated affiliated allied or acquired company or corporation and their operations have been declared to us prior to the inception date of this policy. All other terms and conditions remain unchanged. Vs AUTHORIZED REPRESENTATIVE Page 1 of 1 Includes copyrighted information of Insurance Services Office Inc. with its permission. 61944 914 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section IV Commercial General Liability Conditions 6. Representations is amended by adding d. The unintentional failure by you or any Insured to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this policy. Applicable Page 1 of 1 62132 1008 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of policy No. GL 686 24 15 issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Bodily injury or property damage arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. Section I. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Personal and advertising injury arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. Autl d Representative 62898 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of policy No. GL 686 24 15 issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ERISA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Bodily injury or property damage arising out of any obligation you incur under the Employee Retirement Income Security Act of 1974 Public Law 93 406 any law amendatory thereof or any regulation pertaining thereto. Section. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Personal and advertising injury arising out of any obligation you incur under the Employee Retirement Income Security Act of 1974 Public Law 93 406 any law amendatory thereof or any regulation pertaining thereto. Ause ntative 64004 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELETION OF CONTRACTUAL LIABILITY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Coverages Coverage B. Personal and Advertising Injury Liability 2. Exclusions e is deleted in its entirety. Auth d Representative or Countersignature in States Where Applicable 65329 901 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY DEFINITION EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Section V Definitions 14. Personal injury and Advertising injury is amended to read 14. Personal injury and advertising injury means injury including consequential bodily injury humiliation mental anguish or shock arising out of one or more of the following offenses a. 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 by or on behalf of its owner landlord or lessor Oral or written publication of material in any manner that slanders or libels a person or organization or disparages a person s or organization s goods products or services or 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 advertise ment. Auth d Representative or Countersignature in States Where Applicable 74447 901 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT PLAN TYPE ONE YEAR This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. The following attaching clause needs to be completed only when this endorsement is issued subsequent to the preparation of the policy. This Endorsement effective 1201 AM 09302019 forms a part of Policy Number GL 6862415 Issued to EAGLE TRANSPORT CORPORATION By National Union Fire Insurance Company of Pittsburgh Pa. PART I. GENERAL TERMS and CONDITIONS This endorsement determines the Final Premium for the insurance provided during the Rating Period by this policy any other policy described in this endorsement in Section 1 of PART II and the renewals and replacements of each the policies. The Rating Period begins and ends at 1201 AM on the respective dates shown in Section 1 of PART II. If the Plan Type of this endorsement states Construction Project this endorsement applies only to and for the duration of the construction project described in Section 1 of PART II. The rates and the basis types described in PART Il will remain fixed for the duration of the Rating Period except if applicable Section 7 Claims Service Charges on Fee Basis Section 8 Taxes Assessments and Surcharges and any applicable items set forth in Section 11 Exceptions. These exceptions will be subject to change at each anniversary of the beginning of the Rating Period. Section 1. Premium Calculation The Final Premium for the policies will be the sum of the total Subject Premium and the total Non Subject Premium. The way that the total Subject Premium will be determined is described below and is shown in Section 9 Item A of PART II. The way that the total Non Subject Premium will be determined is described below and is shown in Section 9 Item B of PART Il A. Total Subject Premium The total Subject Premium for the policies will be determined separately by state and kind of insurance. For each state and kind of insurance the Subject Premium shall be the sum of Subject Losses and the Charges for the Insurance Charge Expenses and Profit divided by the Tax Assessment Divisor as determined below. 1. Subject Losses The first part of the Subject Premium will be the sum of all Subject Losses under any applicable terms of the policies described in Section 1 of PART Il and as identified in Section 5 Item A of PART II. 2. Charges for Insurance Charge Expenses and Profit The second part of the Subject Premium will be the component parts of the Subject Premium other than Subject Losses that are identified as line items in Section 9 Item A of PART Il. The entire estimated amount of each such charge can be found in Section 9 Item A of PART Il subject to any applicable Minimum Premium shown for it. We will apportion the entire amount of each such charge to each kind of insurance and state covered under the policies in proportion to the respective Standard Premium of each except that a. Charges for claims service expenses will be allocated in proportion to respective Subject Losses and b. Charges for administrative expenses and profit for the kinds of insurance in the states described in Section 2 of PART Il will be the difference between i. the Final Premium for such kinds of insurance and states determined as provided for in the policy other than by this Endorsement and ii. the sum of Subject Losses all other charges for the Insurance Charge Expenses and Profit included in this item 2 taxes and assessments determined through the application of the Tax Assessment Divisor and Non Subject Premiums for such states. 3. Tax Assessment Divisor One 1.000 less the Tax Assessment Rate as shown in Section 9 Item A of PART Il The rate is calculated as indicated in Section 8 of PART Il B. Total Non Subject Premium The part of the Final Premium for the kinds or layers of insurance described in Section 9 Item B of PART Il will be calculated as shown therein. If no Basis of premium determination for Non Subject Premium is shown in Section 9 Item B of PART II the Non Subject Premium will be determined as set forth in the policy under which such insurance is provided. Form No. 81461 804 Copyright 2004 American International Group Inc. Page 1 of 15 ooz oosoz 0570539 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT Section 2. Schedule of Premium Adjustments A. The estimated Final Premium is shown in Section 9 Item C of PART Il. We will recalculate the estimated Fina Premium as soon as practicable after the First Valuation Date shown in Section 5 of PART Il. We will recalculate the estimated Final Premium annually thereafter until you and we agree in writing that no more recalculations will be done. B. Additional premium due us or return premium due you resulting from the calculation or recalculation of the Final Premium will be payable in its entirety promptly unless otherwise specified in a premium finance agreement between you and us. Section 3. Expected Total Cost In addition to Final Premium you may be liable under the terms of the policies for reimbursements of certain losses and Allocated Loss Adjustment Expenses we pay subject to any Minimum Cost and Maximum Cost as described below and surcharges. Our estimated amounts for such additional costs if any are shown in Section 9 Item C of PART II. A. Minimum Cost If a Minimum Cost is applicable that amount is the minimum you must pay for the Subject Premium and if applicable Non Subject Premium Reimbursable Losses Deductible Losses Self Insured Losses and ALAE itemized in Section 6 Item A. c. of PART Il. Component items not itemized in Section 6 Item A. c. of Part Il are not included in the Minimum Cost. If an Adjustment Rate and a Basis of Adjustment are shown in Section 6 Item A. a. of PART Il the Minimum Cost will be determined by multiplying the Adjustment Rate by the actual Basis of Adjustment as determined by our final audit of your books and records. B. Maximum Cost If a Maximum Cost is applicable that amount is the maximum you must pay for Subject Premium and if applicable Non Subject Premium Reimbursable Losses Deductible Losses Self Insured Losses and ALAE itemized in Section 6 Item B. c. of PART Il. Component items not itemized in Section 6 Item B. c. of Part Il are not included in the Maximum Cost. If an Adjustment Rate and a Basis of Adjustment are shown in Section 6 Item B. a. of PART Il the Maximum Cost will be determined by multiplying the Adjustment Rate by the actual Basis of Adjustment as determined by our final audit of your books and records. Section 4. Definitions A. Aggregate Stop Amount means the maximum amount of benefits damages and ALAE payable by you for losses under the policies described in Section of PART Il subject to any Aggregate Stop Limit. B. Aggregate Stop Limit means the maximum amount of benefits damages and ALAE above the Aggregate Stop Amount that we will not require you to reimburse us for under any Loss Reimbursement or Deductible terms of the policies described in Section of PART II. C. Allocated Loss Adjustment Expenses or ALAE will include all fees for service of process and court costs and court expenses pre and post judgement interest attorneys fees cost of undercover operative and detective services costs of employing experts costs for legal transcripts copies of any public records and costs of depositions and court reported or recorded statements costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settlement or defense of a loss or a claim or suit against you or to the protection and perfection of your or our subrogation rights. ALAE will not include loss adjustment expenses explicitly included in the premium calculation formula of Section 1 Paragraph A Item 2 of this PART or otherwise explicitly included in the rating values shown in PART II nor the salary employee benefits or overhead of any of our employees nor the fees of any attorney who is our employee or under our permanent retainer nor the fees of any attorney we retain to provide counsel to us about our obligations if any under any policy issued by us or our affiliated companies with respect to a claim or suit against you. ALAE Option selected and shown in Section 3 of PART Il is described below. a. Option A Subject Loss includes all or a part of all ALAE such that the Subject Loss will not exceed the applicable Retained Amount. b. Option B Subject Loss includes 100 of all ALAE. c. Option C Subject Loss includes all or a part of ALAE calculated according to the following formula i. if we incur NO obligation under the policies to pay damages benefits or indemnity resulting from a claim Subject Loss under that claim will include all ALAE up to the applicable Retained Amount and a percentage of all ALAE in excess thereof. That percentage is shown in Section 3 of PART Il under Option C Excess or Form No. 81461 804 Copyright 2004 American International Group Inc. Page 2 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT ii. if we DO incur an obligation to pay damages benefits or indemnity under the policies because of a claim Subject Loss under that claim will include all ALAE incurred under that claim multiplied by the amount of our obligation to pay damages or benefits up to the applicable Retained Amount divided by the total amount of our obligation to pay damages or benefits. d. Option D Subject Loss includes none of the ALAE. o Basis will have the meanings shown in Section 10 of PART Il E. Deductible Loss means any amount that you must reimburse us under a Deductible Endorsement of the policies described in Section of PART II. F. Final Premium means the premium for the insurance afforded under the policies described in Section 1 of PART Iland others as may be added by endorsement thereto upon its final recalculation according to the terms of the policies and this endorsement. Prior to such final recalculation the premium for such insurance is only the estimated premium. G. Incurred Loss means the total amount we have paid and have reserved for payment as damages or benefits because of an occurrence accident claim or suit and all the Allocated Loss Adjustment Expenses we incur in connection therewith under a policy described in PART I including reserves for occurrences accidents claims or suits that have happened but have not been reported to us and for statistically expected loss development on claims that have been reported to us. H. Minimum Cost means the minimum amount payable by you for the Schedule of Subject Premium and Reimbursable Losses and Deductible Losses and Self Insured Losses and ALAE if applicable described in Section 6 of PART II. I Maximum Cost means the maximum amount payable by you for the Schedule of Subject Premium and Reimbursable Losses and Deductible Losses and Self Insured Losses and ALAE if applicable described in Section 6 of PART II. Non Subject Premium means the premium not subject to the premium calculation of this endorsement. K. Reimbursable Loss means any amount that you must reimburse us under a Loss Reimbursement Endorsement of the policies described in Section of Part II. L. Retained Amount means 1. the amount that is specified as your Self Insured Retention or as the Loss Reimbursement amount or Deductible amount applicable to an ncurred Loss in the applicable policy or 2. if the foregoing does not apply the largest part of any damages or benefits paid or payable under a policy because of any single accident occurrence claim or suit that we will include in the computation of the Subject Premium. Such amount is shown in Section 4 of PART Il for each type of insurance afforded under the policies described in Section 1 of PART Il M. Self Insured Loss or SIR means any loss you incur under a Self Insured Retention of the policies described in Section of PART Il N. Standard Premium means the premium as calculated according to the terms of each applicable policy without application of this Endorsement subject to the following 1. For Workers Compensation and Employers Liability Insurance Standard Premium means the premium determined on the basis of our rates as approved by regulatory authority the remuneration of your employees in the coverage period your Experience Modifications and Schedule Modifications Loss Constant and Minimum Premiums. Determination of Standard Premium will exclude a. any discount that recognizes any reduction in our expense ratio based on premium size or other factors or b. any discount for a Loss Reimbursement or Deductible. c. Expense Constant. 2. For all other insurance Standard Premium is the premium as calculated according to the terms of each applicable policy for insurance within the Retained Amounts but without the application of this Endorsement and without reduction for a. any discount that recognizes any reduction in our expense ratio based on premium size or other factors or b. any discount for a Loss Reimbursement or Deductible. Form No. 81461 804 Copyright 2004 American International Group Inc. Page 3of 15 ooz oosoz 0570539 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT 0. Subject Loss means the entire Incurred Loss including any reimbursable or deductible portion of it up to the sum of 1. the damages or benefits we must pay or have paid up to the Retained Amount and 2. all or a part of the Allocated Loss Adjustment Expenses we incur in accordance with the ALAE Option shown in Section 3 of PART Il and defined in Item C of this section. P. Subject Premium means the premium subject to retrospective adjustment on the basis described in Section 1 Paragraph A of this PART I. Section 5. Exceptions and Changes All exceptions and changes if any to the provisions of PART PART Il or PART Il of this endorsement are set forth in Section 11 of PART Il or in a written addendum hereto. Form No. 81461 804 Copyright 2004 American International Group Inc. Page 4 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT PART Il. SCHEDULE of POLICIES and RATING VALUES Section 1. APPLICATION of this Endorsement RATING PERIOD This Endorsement applies to the period beginning 09302019 and ending 09302020. The Basis of Premium Subject Losses Self Insured Losses Minimum Cost Maximum Cost Minimum Premiums and Estimated Premiums shown in Section 5 Section 6 Section 7 and Section 9 of this PART Il are estimated amounts for the first year of the Rating Period or X the entire Rating Period. POLICIES X This Endorsement applies to the policies described below and to their replacements and renewals effective during the Rating Period or This Endorsement applies to the policies described below and to their replacements and renewals and all subcontractor policies issued under a Construction Project. The Construction Project is described as follows a. Workers Compensation and Employers Liability Insurance policies WC 017515768 WC 017515769 WC 017515770 WC 017515771. b. Commercial General Liability Insurance policies GL 6862415. c. Automobile Liability Insurance policies CA 4993239 CA 4993240. d. Other Insurance policies described Section 2. Premiums for insurance on risks in states described below will be determined in accordance with the terms of the applicable policy other than this endorsement. Kinds of Insurance States wc FLFL Section 3. Allocated Loss Adjustment Expenses Options ALAE Option If ALAE Option C enter ALAE Option A enter Excess Applies to B C or D as applicable A 0 CA 4993239 CA 4993240 GL 6862415 WC 017515768 WC 017515769 WC 017515770 WC 017515771. POLICIES Form No. 81461 804 Copyright 2004 American International Group Inc. Page 5 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT Section 4. Retained Amounts applicable to all insureds or X refer to Extension Schedule Kind of Insurance Retained Applicable to Limitations or Amount Descriptions Workers Compensation Workers Compensation and Employers Liability See Schedule Each Accident or each under State Law Insured States Person for Disease Workers Compensation and Employers Liability See Schedule Each Accident or each under Federal Law Insured States Person for Disease Workers Compensation and Employers Liability See Schedule Each Accident or each Self Insured States Person for Disease Employers Liability Monopolistic States Each Accident or each Person for Disease Each Accident or each Person for Disease Commercial General Liability Premises Operations Personal and Advertising 100.000 Each Occurrence Injury Medical Payments or Damage to Property Liability Products or Completed Operations Liability 100000 Each Occurrence Other Liquor Liability 0 Each Common Cause Other Owners And Contractors Protective o0 Each Occurrence Liability Other Railroad Protective Liability 0 Each Occurrence Commercial Automobile Lial UM UIM and PIP No Fault if any y including Automobile Liability 0 Each Accident Garage Liability 0 Each Accident Each Accident Other Motor Carrier Truckers Liability See Schedule Any one Accident or Loss Combined Kinds Retention Each Occurrence Section 5. Forecast of Subject Losses We have shown our forecast of your Subject Losses below. a. Reimbursable and deductible portion of covered ncurred Losses except amounts insured under 3962416 Deductible Liability Protection policies if any subject to this Endorsement b. All other covered Subject Losses including amounts insured under Deductible Liability 292760 Protection policies if any subject to this Endorsement First Loss Valuation Date 03312021 and annually thereafter until all claims are closed or mutually agreed upon as to value. Section 6. Minimum Cost and Maximum Cost The Minimum Cost and Maximum Cost if any will be applied as explained below. Form No. 81461 804 Copyright 2004 American International Group Inc. Page 6 of 15 ooz oosoz 0570539 ich Occurrence ich Occurrence urrence ich Accident ich Accident ich Accident rrence | 2 |
LARGE RISK RATING PLAN ENDORSEMENT Item A. Minimum Cost applicable or X not applicable Line of Insurance Minimum Cost adjustable on the Basis and rate shown below 0 Basis of Adjustment Per 0 Estimated Basis amount 1 Adjustment Rate 0.0000 Self Insured Losses you incur to which no insurance under the policies described in Section 1 of this PART Il applies will NOT be included in determining whether or when the Minimum Cost has been reached except as described herein Exceptions Our forecast of your Self Insured Losses included in paragraph a. above 0 The following Minimum Cost itemization schedule applies Item B. Maximum Cost applicable or X not applicable Line of Insurance The Maximum Cost will not be less than the estimated amount shown below unless otherwise set forth in Section 11 of PART Two. a. Maximum Cost adjustable on the Basis and rate shown below 0 Basis of Adjustment Per 0 Estimated Basis amount 1 Adjustment Rate 0.0000 b. Self Insured Losses you incur to which no insurance under the policies described in Section 1 of this PART Il applies will NOT be included in determining whether or when the Maximum Cost has been reached except as described herein Exceptions Our forecast of your Self Insured Losses included in paragraph a. above 0 The following Maximum Cost itemization schedule applies Form No. 81461 804 Copyright 2004 American International Group Inc. Page 7 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT Section 7. Claims Service Charges X Charge shown in Section 9 Item A Subject Premium of PART Il or fee schedule described below. The Claims Service Provider is AIG Claims Inc. FEE SCHEDULE X If Xed here the following fee schedule applies Claims Services Fee Schedule Rates per Claimant Type of Claim Rate per Claimant Estimated No. of Estimated Fee Claimants Workers Comp Medical 165.00 44 7260 Indemnity 0.00 0 California 1650.00 0 0 Texas 1550.00 5 7750 AOS 1350.00 13 17550 Surcharge Claims 0.00 0 Other 65.00 1 65 General Liability Bodily Injury 1250.00 3 3750 Property Damage 800.00 4 3200 Other 70.00 1 70 Product Liability Bodily Injury 0.00 0 0 Property Damage 2000.00 0 0 Other 0.00 0 Automobile Liability Bodily Injury 1050.00 88 92400 Property Damage 650.00 132 85800 Physical Damage 500.00 0 Other 65.00 1 65 Incident Reports 0.00 0 Int. to Designated States 0.00 0 Other 0.00 0 General Liability Premises Medical Only 200.00 0 Employers Liability 2050.00 0 0 Estimated Total Rate per Claimant Fee 217910 1250.00 800.00 70.00 3750 3200 70 0.00 2000.00 0.00 0 0 0 1050.00 650.00 500.00 65.00 0.00 0.00 0.00 92400 85800 0 65 0 0 0 Form No. 81461 804 Copyright 2004 American International Group Inc. Page 8 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT X If Xed here the following fee schedule applies Additional Service Fees Details Additional Service Fees Item Count Rate ltem Estimated Fee Quarterly Loss Report 0 0.00 0 Subcontractor Interoffice Supervision 0 0.00 0 Magnetic Tape Fee 0 0.00 0 Subrogation 0 0.00 0 Appraisals 0 0.00 0 TPA Expenses 0 0.00 0 GAB Expenses 0 0.00 0 Cash Management Account Services 0 0.00 0 Claim File Reviews 0 0.00 0 Contingency Recovery Fees 0 0.00 0 Incoming Quality Control 0 0.00 0 Legal Cost Control 0 0.00 0 Location Visits 0 0.00 0 Semiannual Client Meetings 0 0.00 0 RMIS Reports 0 0.00 0 Customized Account Servicing 0 0.00 0 Structured Settlement Program 0 0.00 0 Reporting 0 0.00 0 Conversion 0 0.00 0 Minimum Adjusting Fee 0 0.00 0 Intellirisk Charges 0 0.00 0 Administration Fee 1 21791.00 21791 Estimated Additional Services Fee 21791 Tail Fees Details Tail Fees Item Count Rate ltem Estimated Fee Workers Comp Med. Only 0 0.00 0 Workers Comp. Indemnity 0 0.00 0 General Liability 0 0.00 0 Products Liability 0 0.00 0 Auto Liability 0 0.00 0 Maintenance 0.00 0 Estimated Tail Fee 0 or Interoffice Supervision pe Fee es es lement Account Services eviews Recovery Fees iality Control ontrol its Client Meetings ts Account Servicing Settlement Program Jjusting Fee arges Indemnity y Form No. 81461 804 Copyright 2004 American International Group Inc. Page 9 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT If Xed here the following fee schedules applies Fee Schedule Time and Expenses Type of Charge Rate Per Est. Units Estimated Fee Investigating Service by Employed Staff Hour Adjuster Hour General Adjuster Hour Executive General Adjuster Hour Heavy Equipment Appraiser Hour Auto Damage Appraiser Hour Property Damage Appraiser Hour Supervisor Hour Examiner Hour Account Manager Hour Subcontracted Investigations And Appraisals Hour Clerical and Statistical Processing Hour Other Expenses including Telephone Minute Postage Express Mail Cost Auto Mileage Rental Tolls Parking Mile Photocopies Copy Photography Photo Public Transportation Cost Overhead Flat Services Outside of USA Estimated Total Time and Expense 0 Estimated Total Claims Service Expenses 239701 uster eneral Adjuster oment Appraiser ge Appraiser mage Appraiser anager vestigations And Appraisals stical Processing including xpress Mail je Rental Tolls Parking y sportation Form No. 81461 804 Copyright 2004 American International Group Inc. Page 10 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT Section 8. Taxes and Assessments The taxes and assessments determined by the method indicated by the box Xd below shall apply in determining the Final Premium earned under the policies described in Section 1 of Part Il during the first annual term of this endorsement. If the Rating Period under this endorsement is longer than 1 year we will provide you written notice of the applicable taxes and assessments for the subsequent term of the Rating Period not less than thirty 30 days prior to each anniversary of this endorsement. X Item A. Fixed Rates The Average Rates for taxes and assessments are shown in Item A. of Section 9 of PART Il. The Average Rates will be fixed and applied without change in determining the Fina Premiums earned under the policies described in Section of PART Il during the first annual period of this Endorsement. Item B. Rates to be Recalculated The Average Rates for taxes and assessments are shown in Item A. of Section 9 of Part Il. The Average Rates will be recalculated to determine the Final Premium under the policies described in Section of PART II based on the rates shown in the chart below. Form No. 81461 804 Copyright 2004 American International Group Inc. Page 11 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT Section 9. The Rating Values and Amounts Basis shown below apply as the Final Premium of the If the Rating Period exceeds one year and if the estimated Basis of Premium Minimum Premiums and Estimated Premiums shown below apply only to the first year on or about each anniversary of the beginning of the Rating Period we will issue an extension of this Section to show the rating values and amounts for each subsequent year of the Rating Period. Item A. Subject Premium part of Final Premium Line Items Rates Per Basis Types Estimated Minimum Estimated Basis Premium Premium Expected Primary Losses 0.0000 1 Ultimate Losses o 0 292760 Claims Service Fees 0.0000 1 Contract of 239701 239701 Total Taxes and Assessments 0.0664 100 Payroll Excl. Mono. FL 45378000 0 30141 AL GL WC Expenses 0.2728 100 Payroll Excl. Mono. FL 45378000 123785 123785 Subtotal 686387 Taxes Assessments 0.0000 or Taxes Assessments Divisor 0.0000 0 Estimated Total Subject Premiums 686387 Item B. Non Subject Premiums part of Final Premium Coverage Description Rates Per Basis Types Estimated Minimum Estimated Basis Premium Premium Excess PremiumALThe Entire 3666.8193 1 Power Units Vehicles 487 1736554 1736554 Contract Excess PremiumWCThe Entire 0.6728 100 WC Payroll 63405001 426568 426568 Contract Excess PremiumGLThe Entire 0.7138 1000 Sales 150000000 107077 107077 Contract Excess PremiumALAuto Virginia 3565.8235 1 Power Units Vehicles 51 181857 181857 Non LRRP WCWC Non LRRP 0.0000 1 Audited Earned Premium 0 0 177195 Estimated Total Non Subject Premiums 2629251 Item C. Summary of Expected Total Cost Estimated Final Premium Part A. plus Part B 3315638 Expected Reimbursable Losses and Deductible Losses and Self Insured Losses and ALAE if applicable 3962416 Minimum Cost from Section 6. If not applicable show 0 0 Maximum Cost from Section 6. If not applicable show 0 0 Surcharges 0.0000 1 Audited Earned Premium 0 0 62189 EXPECTED TOTAL COST 7340243 Form No. 81461 804 Copyright 2004 American International Group Inc. Page 12 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT Section 10. Basis of Premium Payroll means all of the money or the substitute for money earned during the terms of the policies described in Section 1 of this PART Il by you if you are the proprietor of the insured business by all partners or joint venturers if you are a partnership or joint venture by all members if you are a limited liability company and by all employees including temporary employees and workers leased by you from any employee leasing organization for their services to you during the policy period subject to limitations set forth in the New York Workers Compensation Rating Bureau s manual rules if applicable. Sales means the gross amount of money you or others trading in your name have charged for all goods and services you or they have sold or distributed during the terms of the policies described in Section 1 of this PART Il including charges for delivery installation service and repair and including taxes other than taxes which you or such others collect as a separate item and remit directly to a government division. Receipts means the gross amount of money you have charged others for work that you your partners your employees your contractors and subcontractors at all levels have performed during the terms of the policies described in Section 1 of this PART Il including taxes other than taxes which you or such others collect as a separate item and remit directly to a government division. Cost means the total cost to you for all work performed for you during the terms of the policies described in Section 1 of this PART Il by independent contractors and their subcontractors at all levels including the cost of all labor materials equipment and supplies furnished used or delivered for use in the execution of such work whether furnished by the owner by contractors or subcontractors at any level including but not limited to all fees allowances bonuses and commissions either made paid or due as well as taxes other than taxes which you collect as a separate item and remit directly to a government division. Units means the number of items of the type specified in this endorsement. Units that you hold for use in your business will mean the sum of their number at the inception of the terms of the policies described in Section 1 of this PART Il plus their number at their expiration or termination times 50 of the fraction of a full year that such policies were in force. Units that you sell to others whether for your own account or the account of another means the total number of such units that you sell during the term of such policies. Indemnitymeans the total amount we have paid and have reserved for payment as Workers Compensation Losses benefits other than Medical benefits under a policy described in this PART II including reserves for accidents or illness that have happened but have not been reported to us and for statistically expected loss development on claims that have been reported to us. U ltimatemeans the Forecast of Subject Losses in Final Premium from Part Il Section 5.b. Losses Other Other Section 11. Exceptions PART I. GENERAL TERMS and CONDITIONS Section 1. Premium Calculation A. Total Subject Premium 1. is amended to read Subject Losses The first part of the Subject Premium will be the sum of all Subject Losses under any applicable terms of the policies described in Section 1 of PART Il and as identified in Section 5 Item b. of PART II. PART I. GENERAL TERMS AND CONDITIONS Section 4. Definitions C. Allocated Loss Adjustment Expense is amended to include the following additional wording Medical Management Fees which may include medical bill audit fees utilization management fees network access fees case management fees and any other costs associated with medical management services. Sales Receipts Cost Units Form No. 81461 804 Copyright 2004 American International Group Inc. Page 13 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT PART lll. AGGREGATE STOP The Aggregate Stop Amount and the Aggregate Stop Limit if any shown in the Schedule below will be applied as explained below. Section. Aggregate Stop Amount If an Aggregate Stop Amount is shown in the Schedule below we will not include more than the Aggregate Stop Amount in the computation of the Final Premium and determination of maximum benefits damages and ALAE payable or reimbursable by you under the terms of the policies described in Section of PART Il subject to any Aggregate Stop Limit shown in the Schedule below. The maximum benefits damages and ALAE to be included in the computation of the Fina Premium will be the Aggregate Stop Amount shown in the Schedule below less the following a all Subject Losses that you must reimburse us for under any Loss Reimbursement or Deductible terms applicable to the policy covering the Incurred Loss and b such amounts as described in Section Ill below that you have paid as Self Insured Losses. Adjustment If an Adjustment Rate and an Adjustment Basis are shown in the Schedule below the Aggregate Stop Amount shown in the Schedule below is only an estimate. The Aggregate Stop Amount will be finally determined by multiplying the Adjustment Rate by the final Adjustment Basis as determined by our audit of your books and records. The Aggregate Stop Amount will not be less than the estimated amount shown in the Schedule below unless otherwise set forth in Section 11 of PART Two The Aggregate Stop Amount will not be reduced on account of the cancellation of any policy to which this Endorsement applies. Section Il. Aggregate Stop Limit If an Aggregate Stop Limit is shown in the Schedule below that Limit is the most Subject Losses above the Aggregate Stop Amount that will be excluded from the computation of the Fina Premium and which you will not be required to reimburse us for under any Loss Reimbursement or Deductible terms of the policies described in Section of PART Il. The Aggregate Stop Limit will not be reduced on account of the cancellation of any policy to which this Endorsement applies. Section lll. Self Insured Losses Self Insured Losses Losses you incur to which no insurance applies under the policies described in Section of PART I will NOT be included in determining whether or when the Aggregate Stop Amount or Aggregate Stop Limit have been reached except as described herein Exceptions SCHEDULE Aggregate Stop Amount and Aggregate Stop Limit The Aggregate Stop Amount and the Aggregate Stop Limit apply to the Line of Insurance first year of or entire Rating Period. Form No. 81461 804 Copyright 2004 American International Group Inc. Page 14 of 15 Y 0910612019 005102 9570339 | 2 |
LARGE RISK RATING PLAN ENDORSEMENT c. Aggregate Stop Amount adjustable on the Basis and rate shown below. Basis of Adjustment Per 0 Estimated Basis Amount Adjustment Rate Aggregate Stop Limit Aggregate Stop Limit Z Auth Representative or Countersignature in States Where Applicable Form No. 81461 804 Copyright 2004 American International Group Inc. Page 15 of 15 Y 0910612019 005102 9570339 | 2 |
EXTENSION SCHEDULE of the LARGE RISK RATING PLAN ENDORSEMENT RETAINED AMOUNTS EXTENSION SCHEDULE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. The following attaching clause needs to be completed only when this endorsement is issued subsequent to the preparation of the policy. This Endorsement effective 1201 AM 09302019 forms a part of Policy Number GL 6862415 Issued to EAGLE TRANSPORT CORPORATION By National Union Fire Insurance Company of Pittsburgh Pa. The following Retained Amounts apply in addition to those shown in Part Il section 4 of the Large Risk Rating Plan Endorsement attached to the policy described above. Kind of Insurance Retained Basis of Retention Limitations or Descriptions Amount Workers Compensation Workers Compensation and Employers Liability Each Accident or each 250000 Ny under State Law Insured States Person for Disease Workers Compensation and Employers Liability Each Accident or each 250000 Ny under Federal Law Insured States Person for Disease Workers Compensation and Employers Liability Each Accident or each 0 Ny Self Insured States Person for Disease Employer s Liability Monopolistic States 0 Each Accident or each Person for Disease Workers Compensation Workers Compensation and Employers Liability 250000 Each Accident or each under State Law Insured StatesWC Non LRRP Person for Disease Workers Compensation and Employers Liability 250000 Each Accident or each under Federal Law Insured StatesWC Non LRRP Person for Disease Workers Compensation and Employers Liability Each Accident or each 0 Ny Self Insured States Person for Disease Employer s Liability Monopolistic States 0 Each Accident or each Person for Disease Commercial Automobile Liablity including UM UIM and PIP No Fault if any Other Motor Carrier Truckers Liability 500000 Any one Accident or Loss Commercial Automobile Liablity including UM UIM and PIP No Fault if any Other Motor Carrier Truckers LiabilityAuto 500000 Any one Accident or Loss Virginia Authorized Representative or Countersignature in States Where Applicable Form No. 81462 0403 Copyright 2004 American International Group Inc. Page 1 of Y 0910612019 005102 9570339 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of policy No. GL 686 24 15 issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS AND SILICA EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section I. COVERAGES COVERAGE A. BODILY INJURY and PROPERTY DAMAGE LIABILITY 2. Exclusions is amended to add the following exclusions Asbestos Bodily injury or property damage arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of bodily injury or property damage arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. Silica Bodily injury or property damage arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of bodily injury or property damage arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. Section I. COVERAGES COVERAGE B. PERSONAL and ADVERTISING INJURY LIABILITY 2. Exclusions is amended to add the following exclusions Asbestos Personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. Silica Personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. All other terms conditions and exclusions of the policy shall remain unchanged. Y N uthorized Representative 82540 0712 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. P.5E AUTHORIZED REPRESENTATIVE 89644 613 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE COVERAGE ENDORSEMENT FORM A This endorsement modifies insurance provided under the following Commercial General Liability Coverage Form Products and Completed Operations Liability Coverage Form Liquor Liability Coverage Form Professional Liability Coverage Form Business Auto Coverage Form Garage Coverage Form Auto Dealers Coverage Form Motor Carrier Coverage Form Please Read It Carefully. This Endorsement applies solely between you and us. It does not affect the rights of others under this policy. I Payment and Deductible Conditions A We will pay all sums that we become obligated to pay up to our Limit of Insurance under the policy to which this endorsement applies. Our Limit of Insurance includes and shall not apply in addition to any sum that you must reimburse us for damage benefits or Medical Payments we have paid. You must reimburse us up to the Deductible Limits shown in the Schedule for any amounts we have so paid as damages benefits or Medical Payments. The Deductible will apply to each occurrence accident offense claim or other basis as shown in the Schedule regardless of the number of persons or organizations who sustain damages because of an occurrence or accident or offense or other basis shown in the Schedule. In addition you must reimburse us for all Allocated Loss Adjustment Expense we pay according to the election indicated by an X below. If no election is indicated election i. applies. X i All Allocated Loss Adjustment Expense up to the deductible limit. However the most you must reimburse us for damages benefits Medical Payments and Allocated Loss Adjustment Expense combined shall not exceed the deductible amount. ii. All Allocated Loss Adjustment Expense. fii. All or a part of Allocated Loss Adjustment Expense calculated according to the following formula a If we incur NO obligation to pay damages benefits or indemnity resulting from a claim all Allocated Loss Adjustment Expense up to the applicable Deductible amount and of all Allocated Loss Adjustment Expense in excess thereof or 94356 1016 Page 1 of 5 94356 1016 | 2 |
b If we DO incur an obligation to pay damages benefits or indemnity resulting from a claim all Allocated Loss Adjustment Expense incurred under that claim multiplied by the amount of our obligation to pay damages benefits or indemnity up to the applicable Deductible amount divided by the total amount of our obligation to pay damages benefits or indemnity. iv. No Allocated Loss Adjustment Expense. Your obligation to reimburse us for Allocated Loss Adjustment Expense applies separately to each occurrence for bodily injury or property damage each accident for bodily injury or property damage to each offense for personal injury or advertising injury to each claim for professional liability or employee benefits administration liability or to each other basis shown in the Schedule. D. If an Aggregate Deductible Amount the Aggregate is shown in the Schedule that amount is the most you must reimburse us for all damages benefits and Medical Payments and Allocated Loss Adjustment Expenses that we pay under this policy and all other policies listed in Part of the Schedule. The Aggregate will not be reduced if this or any other policy described in the Schedule is issued for a term of less than one year or if this endorsement or any policy described in the Schedule is canceled before the end of the policy period by you or by us because of your failure to pay premium deliver acceptable collateral or to reimburse us under the terms of this endorsement when due. If we cancel this endorsement or all the policies described in the Schedule for any other reason the Aggregate will be prorated in the proportion that the period that it was in effect bears to the original policy period. If we cancel one or more but not all the policies described in the Schedule for any other reason the Aggregate will be prorated in the proportion that the total expected deductible losses under all the described policies calculated according to our rating plan during the period that the policies were in effect bears to such total expected deductible losses during the original policy period. However the Aggregate so prorated shall not be less than the largest Deductible limit shown in the Schedule. If no Aggregate is shown in the Schedule no aggregate limit applies to your reimbursement obligation.. Additional Conditions A. Duty to Reimburse 1. You must reimburse us in accordance with this endorsement for any payment we make in good faith on behalf of any person or organization insured under any policy to which this endorsement applies. 2. Reimbursement is due and payable within fifteen 15 days of your receipt of an invoice for such reimbursement from us. 3. Each Named Insured is jointly and severally liable for all reimbursable amounts under this policy. B. Duty to Deliver Collateral 1. You must deliver to us within thirty 30 days of the inception of this policy collateral acceptable to us in the forms and the amounts as required by us. We will have a possessory security interest in any property you deliver to us to secure such obligations. We will review the collateral as soon as practicable eighteen 18 months after the inception of this policy and annually thereafter. 94356 1016 Page 2 of 5 | 2 |
If we find that we require increased collateral you will provide us such an increase within thirty 30 days of our request. If we find that we hold a surplus of collateral we will return the surplus to you. 2. If you fail to reimburse us when due we may liquidate any collateral in our possession and take ownership of the proceeds to the extent of all your debts to us. Any surplus of such proceeds in excess of your debt will remain in our possession as collateral until the commutation of your remaining obligations. Defaults and Remedies If you fail to perform any of your duties under this endorsement we may take any reasonable steps necessary to protect our interest including the following We may cancel this policy by mailing or delivering written notice to you not less than ten 10 days prior to the effective date of such cancellation stating the day and hour the cancellation is to take effect. Proof of the mailing of such notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. Recovery From Others We have your rights and the rights of persons entitled to the benefits of this insurance to recover all payments including those within your reimbursement amount from anyone liable for the damages. You will do everything necessary to protect those rights for us and to help us enforce them. If we recover any payment we made under this policy from anyone liable for the damages the amount we recover will first be applied to any payments we made in excess of the reimbursable amount or in excess of the Aggregate and to our expenses in obtaining the recovery. We will apply the remainder of the recovery if any to reduce the amount that is reimbursable by you. 94356 1016 Page 3 of 5 | 2 |
Ill. Additional Definition Allocated Loss Adjustment Expenses means all fees for service of process and court costs and court expenses pre and post judgment interest attorneys fees including the fees of any attorney who is our employee or under our permanent retainer for the representation of an insured cost of undercover operative and detective services costs of employing experts costs for legal transcripts copies of any public records and costs of depositions and court reported or recorded statements costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settlement or defense of a loss or a claim or suit against an insured including without limitation Supplementary Payments and medical management fees which may include medical bill audit fees utilization management fees network access fees case management fees and any other costs associated with medical management services or to the protection and perfection of an insured s or our subrogation rights. Allocated Loss Adjustment Expenses shall not include our general overhead the salary and employee benefits of any of our employees nor the fees of any attorney who is our employee or under our permanent retainer other than the fees of any such attorney for the representation of an insured nor the fees of any attorney we retain to provide counsel to us about our obligations if any under any policy issued by us or our affiliated companyies with respect to a claim or suit against an insured. SCHEDULE Part 1. POLICIES TO WHICH DEDUCTIBLE APPLIES This Endorsement applies to the policy to which this endorsement is attached and to the policies described by policy number in the table below. Type of Insurance Policy Numbers CGL GL 686 24 15 Part 2. COVERAGES TO WHICH DEDUCTIBLE APPLIES A. This Part 2A. applies to all coverages OTHER THAN Business Auto Auto Dealers or Motor Carrier Auto Insurance. The Deductible Amount of 100000 applies on a combined basis to all coverages selected by X in the table below except for such coverages if any for which a separate Deductible is shown below. Selected Coverage Deductible Per Per Claim Amount Occurrence Bodily Injury Other than Products or X N X Completed Operations X Property Damage Other than Products X or Completed Operations. X Bodily Injury Products or Completed X Operations Only X Property Damage Products or X Completed Operations Only X Personal Injury Each offense Advertising Injury Each offense Employee Benefits Liability X All Other 94356 1016 Page 4 of 5 | 2 |
B. This Part 2B. applies ONLY to Business Auto Auto Dealers or Motor Carrier Auto Insurance. The Deductible Amount of applies on a combined basis to all coverages selected in the table below except for such coverages if any for which a separate Deductible is shown below. Selected Coverage Deductible Amount per Accident All Coverages Bodily Injury Property Damage Personal Injury Protection Added Personal Injury Protection Uninsured Motorist Underinsured Motorist Personal Injury Advertising Injury Part 3. ANNUAL AGGREGATE DEDUCTIBLE AMOUNT Annual Aggregate Deductible Amount The Annual Aggregate Deductible Amount shown above the Aggregate is not subject to adjustment unless a basis of adjustment is shown below. The Aggregate is adjustable at the rate of per of the Adjustment Basis subject to a Minimum Annual Aggregate Deductible Amount of The Adjustment Basis is and is estimated at the inception of this policy as the amount of The Aggregate applies to your obligation to reimburse us under this policy and all other policies scheduled above. of ar Aufpresentative or Countersignature in States Where Applicable 94356 1016 Page 5 of 5 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR YOUR EMPLOYEES RELATING TO CO EMPLOYEE INJURIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION Il WHO IS AN INSURED 2. a. 1 is amended to read 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 b c 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. However your employees are insureds for bodily injury to coemployees while in the course of their employment or performing duties related to the conduct of your business so long as claims or suits arise out of liability assumed by an insured under an insured contract as provided by SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions e. Employer s Liability To the spouse child parent brother or sister of that volunteer worker as a consequence of Paragraph1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services. 72 AutHorized Representative or Countersignature in States Where Applicable 95284 0807 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M.09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA AMENDATORY ENDORSEMENT Definition of Pollutants When a claim or Suit is brought against an Insured in the state of Indiana andor Indiana law applies this policy is amended as follows The definition of Pollutants in this policy or in any endorsement to this policy is deleted in its entirety and replaced with the following Pollutants means any solid liquid gaseous bacterial fungal electromagnetic thermal or other substance that can be toxic or hazardous cause irritation to animals or persons andor cause contamination to property and the environment including smoke vapor soot fumes acids alkalis chemicals and waste. Specific examples identified as pollutants include but are not limited to diesel kerosene and other fuel oils gasoline butane propane natural gas and other fuels brake fluid transmission fluid and other hydraulic fluids ethylene glycol methyltertbutylether MTBE methanol ethanol isopropyl alcohol and propylene glycol and other fuel and antifreeze additives grease tar petroleum distillates and other petroleum products and petroleum hydrocarbons carbon monoxide and other exhaust gases stoddard solvent mineral spirits and other solvents chromium compounds emulsions emulsifiers naphtha tetrachloroethylene PCE perchloroethylene PERC trichloroethylene TCE methylene chloroform and other dry cleaning chemicals methyl isobytyl ketone methyl ethal ketone n butyl acetate 2 butoxyethanol hexylene glycol peroxides freon polychlorinated biphenyl PCB CFC113 chlorofluorocarbons chlorinated hydrocarbons adhesives pesticides insecticides barium 12 Dichloroethylene ethylene dichloride dichloromethane methylene chloride ethylbenzene lead Mercury Selenium sulfate xylene silica sewage and industrial waste materials and all substances constituents derivatives or degradative byproducts or additives specifically listed identified or described by one or more of the following references i. Comprehensive Environmental Response Compensation and Liability Act CERCLA Priority List Hazardous Substances 1997 and all subsequent editions ii. Agency for Toxic Substances And Disease Registry ToxFAQEM iii. Clean Air Act s List of 188 Air Toxics And Diesel Particulate Matter iv. U.S. Environmental Protection Agency EMCI Chemical References Complete Index v. U.S. Environmental Protection Agency Persistent Bioaccumulative and Toxic Chemicals List vi. Indiana Department of Environmental Management Remediation Closure Guide March 22 2012 edition Table A6 Screening Level Summary Table 2012 and vii. Indiana Department of Environmental Management Risk Integrated System of Closure Technical Guide Default Closure Tables January 31 2006 Appendix 1 Revised May 1 2009 1156924 1013 Page 1 of 2 Page 1 of 2 | 2 |
Substances identified as examples above or by the referenced lists also include materials or substances to be discarded recycled reconditioned or reclaimed. This definition of Pollutants applies whether or not such solid liquid gaseous bacterial fungal electromagnetic or thermal irritant or contaminant or substance is your product or products used by you or for you andor is an integral part of or incidental to your business operations premises site or locations or has any function in your business operations premises site or locations. For the purpose of this endorsement Suit Insured and Pollutants shall have the applicable meaning in accordance with the terms of this policy whether or not such term is in quotation marks or bolded. All other terms definitions conditions and exclusions of this pglicy remain unchanged. Authorized Representative or Countersignature Where Applicable 1156924 1013 Page 2 of 2 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 Policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA TERRORISM EXCLUSION CERTIFIED ACTS ENDORSEMENT This endorsement modifies insurance provided by the Policy Certified Acts of Terrorism Exclusion This insurance does not apply to loss injury damage claim or suit arising directly or indirectly as a result of an act of terrorism as defined in the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015 hereinafter TRIA regardless of any other cause or event contributing concurrently or in any sequence with an act of terrorism. Act of terrorism means any act that is certified by the Secretary of the Treasuryl in consultation with the Secretary of Homeland Security and the Attorney General of the United States A. to be an act of terrorism B. to be a violent act or an act that is dangerous to 1. human life 2. property or 3. infrastructure C. to have resulted in damage within the United States or outside of the United States in the case of 1. an air carrier or vessel described in TRIA or 2. the premises of a United States mission and D. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. With respect to commercial property policies A. If an act of terrorism results in an ensuing fire this Policy covers such loss or damage caused by such fire following subject to the Policy s terms and conditions but only if the covered property insured hereunder is located in a state of the United States the District of Columbia Puerto Rico or a territory or possession of the United States that pursuant to the applicable standard fire policy statute regulation or other law prohibits the exclusion of fire following an act of terrorism. Such coverage for fire following an act of terrorism applies only to direct physical loss or 2015 American International Group Inc. All Rights Reserved. 118951 115 Page 1 of 2 | 2 |
damage to covered property insured hereunder and to no other coverage provided by the Policy. B. Notwithstanding Subsection Il. A. above to the extent not prohibited by the law of the jurisdiction to which this Policy is subject this Policy does not cover fire following an act of terrorism that involves the actual alleged or threatened use release escape dispersal application andor existence of any nuclear reaction radioactive materials or nuclear materials in any form and from any source radionuclides radiation emitted from any radioactive source whether natural or manmade electromagnetic pulses andor pathogenic or poisonous chemical or biological materials whether natural manmade living or dead. C. Notwithstanding any other valuation provision of this Policy to the contrary any covered property insured hereunder that sustains loss or damage due to fire following an act of terrorism covered pursuant to Subsection IlLA. above shall be valued at Actual Cash Value at the time and place of the loss. Application of Other Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss or damage which would otherwise be excluded under this Policy such as losses excluded by a nuclear exclusion pollution exclusion or war exclusion. IV. Definitions The following definitions apply to this endorsement A. Nuclear materials means source material special nuclear material or by product material. 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. B. Biological materials include all microorganisms viruses rickettsia prions nucleic acids toxins toxin producing agents and poisons produced by biological organisms. All other terms and conditions of the Policy remain the same. y N AUTHORIZED REPRESENTATIVE 2015 American International Group Inc. All Rights Reserved. 118951 115 Page 2 of 2 | 2 |
ENDORSEMENT This endorsement effective 1201 A.M. 09302019 forms a part of 686 24 15 policy No. GL issued to EAGLE TRANSPORT CORPORATION by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPOSITE RATING PLAN PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM CGL LIQUOR LIABILITY COVERAGE FORM LL OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE OCP PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM PCO RAIL ROAD PROTECTIVE LIABILITY COVERAGE FORM RRP BUSINESS AUTO COVERAGE FORM BA AUTO DEALERS COVERAGE FORM AD MOTOR CARRIER COVERAGE FORM MC Composite Rate developing policy premium through application at a single rate. As determined from a single exposure basis. The Class Code Premium Basis and Rate section of the Policy Declarations is changed to apply as follows The premium for this policy will be computed upon a composite basis as shown below in accordance with our rules rates rating plans premiums and minimum premiums and the other policy terms. SCHEDULE Coverage Auto Basis of Basis Type Composite Estimated Classification Premium Value Rates Premium Type ceL SALES 1000 0.7194 114455 Totals 114455 119483 0816 Page 1 of 6 | 2 |
TERRORISM The Terrorism Premium for this policy is determine accordance with the applicable Terrorism Exposure Pricing filing. Total Estimated of Estimated Premium Estimated Terrorism Premium Premium The Composite Rates shown above applies per 1000 a number such as 1 10 100 etc. Basis Value of SALES the basis of premium as provided for in Basis of Premium Type section of this endorsement. This endorsement permits development of individual composite rates specific to each policy. Total estimated premium will be based off the sum of all composite rates. Policy premium audit will be based upon a calculation of the sum of the initial estimated exposure and final audit exposure divided by 2 two. 119483 0816 Page 2 of 6 | 2 |
COMPOSITE RATING PLAN PREMIUM ENDORSEMENT Basis of Premium Type Admissions means the total number of persons other than you your partners and your employees admitted during the policy period to events conducted on premises you own rent lease or otherwise control whether on paid admission tickets complimentary tickets or passes. Cost means the total cost to you for all work performed for you during the policy period by independent contractors and their subcontractors at all levels including the cost of all labor materials equipment and supplies furnished used or delivered for use in the execution of such work whether furnished by the owner by contractors or subcontractors at any level including but not limited to all fees allowances bonuses and commissions either made paid or due as well as taxes other than taxes which you collect as a separate item and remit directly to a governmental division. Gallons means the total number of gallons of liquid petroleum gases invoiced on any basis to any customer whether or not the insured actually takes possession of such gasses. Licensed Auto means the final average of the number of autos at policy inception and the number of autos at policy termination. s means the total mileage driven during the policy period by all licensed autos owned by you. Gross Receipts means the total amount earned by the insured for shipping or transporting property. Receipts means the gross amount of money you have charged others for work that you your partners your employees your contractors and subcontractors at all levels have performed during the policy period including taxes other than taxes which you collect as a separate item and remit directly to a governmental division. Remuneration or Payroll means all of the money or the substitute for money earned during the policy period by you if you are the proprietor of the insured business by all partners if you are a partnership or by all members if you are a Limited Liability Company and by all your employees for their services to you during the policy period subject to the following Total Gross Remuneration or Payroll without limitation or Determined and limited in accordance with our Workers Compensation Insurance Manual s rules respectively for the states in which you have employment or Determined and limited in accordance with our General Liability Insurance Manual s rules respectively for the states in which you have employment. Sales means the gross amount of money you or others trading in your name have charged for all goods and services you or they have sold or distributed during the policy period including charges for delivery installation service and repair and including taxes other than taxes which you or such others collect as a separate item and remit directly to a governmental division. Sales will include both foreign and domestic sales and sales by one named insured to another unless otherwise indicated by x below Sales do NOT include foreign sales. Sales do NOT include sales by one named insured to another. 119483 0816 Page 3 of 6 | 2 |
Units means the number of items of the types specified in this endorsement. a. Units that you hold for use in your business shall mean half the sum of their number at the policy s inception and their number at its expiration or termination if terminated then pro rated by the fraction of an annual period that the policy remained in effect. b. Units that you sell to others whether for your own account or the account of another shall mean the total number of such units that you sell during the policy term. If Units is selected as the basis of premium a Unit is an Other Basis of Premium Type define here 119483 0816 Page 4 of 6 | 2 |
COVERAGE Auto Auto Dealers AD includes coverage for premises liability products liability automobile liability and physical damage to covered autos Business Auto BA includes physical damage and liability coverage. Liability includes Bodily Injury and Property Damage Liability Med Payments No Fault Personal Injury Protection and Uninsured Underinsured Motorists Coverage. Motor Carrier MC includes coverage for transportation of goods and material. Physical Damage APD includes Collision unless specifically defined and Other Than Collision Comprehensive Coverage for insured vehicles. General Liability Commercial General Liability CGL includes coverage against claims for Bodily Injury and Property Damage for Personal and advertising injury Liquor Liability LL includes coverage against claims for injury by reason of selling serving or furnishing alcoholic beverages. Ownersand Contractors Protective Liability OCP includes coverage for bodily injury or property damage arising out of operations performed for the named insured by an independent contractor whether the insured is an owner of property or is another contractor. Products Completed Operations Liability PCO includes coverage against claims for bodily injury and property damage arising from products completed operations in connection with the insured s business. Rail Road Protective Liability RRP protection for bodily injury and property damage that arises out of acts or omissions at the job location which are related to or are in connection with the work being performed. 119483 0816 Page 5 of 6 | 2 |
TYPE OF AUTO CLASSIFICATIONS PPT Passenger Car A motor vehicle except motorcycles and motor driven cycles designed for carrying passengers. TRUCKS ALL Includes all truck types. This classification does not include PPT and TRL types. LT TK Light Trucks GVW of 10000 Ibs or less MD TK Medium Trucks GVW of 10001 20000 Ibs HV TK Heavy Trucks GVW of 20001 45000 Ibs XH TK Extra Heavy Trucks GVW of over 45000 Ibs TR TK Truck Tractors A motorized vehicle with or without body for carrying commodities or materials equipped with fifth wheel coupling device for semi trailers. TRL Trailers Includes any trailer semi trailer and service or utility trailer. OTHER Countersigned by UTHORIZED REPRESENTATIVE 119483 0816 Page 6 of 6 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 9262264 04 Named Insured and Mailing Address AMERICAN FENCE CO. INC SEE NAMED INSURED ENDT 14803 FRONTIER RD OMAHA NE 68138 3920 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 9262264 03 Producer and Mailing Address LOCKTON COMPANIES LLC 702 N 129TH ST STE 109 OMAHA NE 68154 6112 Producer Code 28832 000 Policy Period Coverage begins 09 19 2011 at1201 AM. Coverageends 09 19 2012 at 1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company tha provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred 1o in this policy as The Company we s or our. The address of the comparies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM 31069.00 issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 31069.00 This premium does not include Taxes and Surcharges. SEE TNSTALLMENT SCHEDULE Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. U GU D31C A 0193 Page 10f 1 Agent Copy GENERAL LIABILITY COVERAGE o PREMIUM 31069.00 issued by ZURICH AMERICAN INSURANCE COMPANY Agent Copy | 2 |
nan nan nan nan | 2 |
Z ZURICH CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name. Effective Date Policy Number Endorsement Number THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance imber Al This endorsement applies to all Coverage Parts included in this policy. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act TRIA. The Terrorism Risk Insurance Act provides that the Seuetary of Treasury shall certify an act of terrorism 1. to be an act of terrorism 2. to be a violent act or an act that is dangerous to human life property or infrastructure 3. to have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United 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 regulation in the United States or the premises of a United States mission and 4. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certificd as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2008 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy U GU767 A CW 0108 Pagel of | 2 |
nan nan | 2 |
2 ZURICH THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 1 OF GENERAL LIABILITY PREMIUM Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the insurer retention. The insurer retention equals 20 of the insurer s prior calendar year direct earned premium associated with lines of insurance subject to TRIA. TRIA is scheduled to expire on Deecember 31 2014 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States 1. to be an act of terrorism 2. to be a violent act or an act that is dangerous to human life property or infrastructure 3. to have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United 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 regulation in the United States or the premises of a United States mission and 4. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. OF GENERAL LIABILITY PREMIUM U GU630 C 1207 Page 1 of Copyright 2007 Zurich American Insurance Company Includes copyrighted material of 1SO Properties Inc. with its permission Agent Copy | 2 |
nan nan nan nan nan | 2 |
Policy..umber GLO 9262264 04 SCHEDULE OF FORMS AND ENDORSEMENTS ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 COMMON POLICY FORMS AND ENDORSEMENTS U GU767 A CW 01 08 CAP ON LOSSES FROM CERTIFIED ACTS OF TER U GU630 C 12 07 DISCLOSURE OF IMPORTANT INFO REL TO TRIA U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GU621 A CW 10 02 SCHEDULE OF NAMED INSURED S U GU406 A 07 94 INSTALLMENT PREMIUM SCHEDULE U GU1016 A CW 06 10 KNOWLEDGE BY POSITION OR DEPARTMENT IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 21 05 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 02 59 09 07 NEBRASKA CHANGES CANC NONRENL IL 00 03 08 07 CALCULATION OF PREMIUM GENERAL LIABILITY FORMS AND ENDORSEMENTS U GL851 B CW 06 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL915 C CW 08 04 FELLOW EMPLOYEE COVERAGE ENDORSEMENT U GL923 B CW 06 04 SILICA OR SILICAMIXED DUST EXCLUSION U GL925 B CW 12 01 WAIVER OF SUBROGATION BLANKET ENDT. U GL D851 B CW 09 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL D1115 B CW 09 04 COMMERCIAL GL COVERAGE PART DECLARATIONS CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COV FORM U GL1114 A 10 02 COMPOSITE RATE UNIT OF EXPOSURE U GL1114 A 10 02 GOVERNMENTAL IMMUNITIES U GL1114 A 10 02 GOVERNMENT IMMUNITES U GL1114 A 10 02 GOVERNMENTAL IMMUNITIES U GL1060 D 09 09 CONTRACTORS LIABILITY ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 C 07 10 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1267 A 05 06 ILLINOIS EXCL OF WAIVER OF KOTECKI CAP U GL1294 A 10 06 LIMITED OPERATIONS CONSOLIDATED WRAP UP U GL1342 A 10 07 LEAD LIABILITY EXCLUSION U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL872 B CW 04 09 PREMIUM REPORTS AGREEMENT COMP RATED CG 26 50 12 98 MISSOURI CHANGES MEDICAL PAYMENTS U GL852 A CW 07 96 EMPL BENEFITS LIAB OCCURRENCE DED ENDT 05 09 RECRDG AND DISTRB OF MATRL OR INFO EXCL 10 93 EARLIER NOTICE OF CANC PROVIDED BY US 01 96 DEDUCTIBLE LIABILITY INSURANCE 07 04 ADDL INSD VENDORS ADDL INSD LESSOR OF LEASED EQUIPMENT EMPLOYMENT RELATED PRACTICES EXCLUSION EXCL EXTERIOR INSULATION FINISH SYSTEM EXCL CONTRACTORS PROF LIAB CONTRACTUAL LIABILITY RAILROADS DESIGNATED CONSTRUCTION PROJECTS GENERAL 04 DESIGNATED LOCATIONS GENERAL AGGREGATE U GL 1059 A CW LTD POLLUTION COVERAGE ENDT WORKSITE U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDORSEN ZURICH AMERICAN INSURANCE CO 3262264 04 U S P. o. AND ENDORSEMENTS INSURED S M SCHEDULE ION OR DEPARTMENT ITIONS BILITY EXCLUSION ENDT ANC NONRENL MIUM LIAB OCCURRENCE COV VERAGE ENDORSEMENT IXED DUST EXCLUSION ION BLANKET ENDT. GL851 B CW GL915 C CW GL923 B CW GL925 B CW GL D851 B CW GL D1115 B CW G 00 01 GL1114 A CW GL1114 A CW GL1114 A CW GL1114 A CW GL1060 D CW GL1171ACW GL1175 C CW GL1178ACW GL872 B CW G 26 50 GL852 A CW G 00 68 G 02 24 G 03 00 GG N o N RO Qae N 25 04 GL1059 A CW EMPLOYEE BENEFITS LIAB OCCURRENCE COV FELLOW EMPLOYEE COVERAGE ENDORSEMENT SILICA OR SILICAMIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. EMPLOYEE BENEFITS LIAB OCCURRENCE COV COMMERCIAL GL COVERAGE PART DECLARATIONS COMMERCIAL GENERAL LIABILITY COV FORM COMPOSITE RATE UNIT OF EXPOSURE GOVERNMENTAL IMMUNITIES GOVERNMENT IMMUNITES GOVERNMENTAL IMMUNITIES CONTRACTORS LIABILITY ENDORSEMENT FUNGI OR BACTERIA EXCLUSION ADDL INSD AUTO OWNERS LESSEES CONTRACTR ILLINOIS EXCL OF WAIVER OF KOTECKI CAP LIMITED OPERATIONS CONSOLIDATED WRAP UP LEAD LIABILITY EXCLUSION ASBESTOS EXCLUSION ENDORSEMENT PREMIUM REPORTS AGREEMENT COMP RATED MISSOURI CHANGES MEDICAL PAYMENTS EMPL BENEFITS LIAB OCCURRENCE DED ENDT RECRDG AND DISTRB OF MATRL OR INFO EXCL EARLIER NOTICE OF CANC PROVIDED BY US DEDUCTIBLE LIABILITY INSURANCE ADDL INSD VENDORS ADDL INSD LESSOR OF LEASED EQUIPMENT EMPLOYMENT RELATED PRACTICES EXCLUSION EXCL EXTERIOR INSULATION FINISH SYSTEM EXCL CONTRACTORS PROF LIAB CONTRACTUAL LIABILITY RAILROADS DESIGNATED CONSTRUCTION PROJECTS GENERAL DESIGNATED LOCATIONS GENERAL AGGREGATE LTD POLLUTION COVERAGE ENDT WORKSITE POSURE JORSEMENT ON SSEES CONTRACTR F KOTECKI CAP JIDATED WRAP UP SEMENT NT COMP RATED Agent Copy | 2 |
nan nan nan nan | 2 |
Policy..amber GLO 9262264 04 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 NAMED INSURED AMERICAN FENCE CO. INC AMERICAN FENCE COMPANY OF IOWA TLMV INC. DBA AMERICAN FENCE CO OF SOUTH DAKOTA AMERICAN FENCE COMPANY OF LINCOLN INC. TLCB INC. DBA AMERICAN FENCE OF WESTERN NEBRASKA TODD J. LAVIGNE SEC ACCOMODATOR LXII LLC 10705 S. 147TH ST. LLC 12012 CAREY CIRCLE LLC NORTHERN PROPERTIES TLDB INC. DBA AMERIFENCE CORPORATION AMERICAN FENCE MANUFACTURING CO U GU621 A CW 1002 5LO 9262264 04 7 T7APITRNNIE COPR A 1A 44 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPAL AMERICAN FENCE CO. INC MERICAN FENCE CO. INC MERICAN FENCE COMPANY OF IOWA LMV INC. DBA AMERICAN FENCE CO OF SOUTH DAKOTA MERICAN FENCE COMPANY OF LINCOLN INC. LCB INC. DBA AMERICAN FENCE OF WESTERN NEBRASKA ODD J. LAVIGNE EC ACCOMODATOR LXII LC 0705 s. 147TH ST. LLC 2012 CAREY CIRCLE LLC ORTHERN PROPERTIES LDB INC. DBA AMERIFENCE CORPORATION MERICAN FENCE MANUFACTURING CO Agent Copy | 2 |
nan nan | 2 |
INST. MENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments on the dates and in the amount shown below NAMED INSURED POLICY NUMBER AMERICAN FENCE CO. INC GLO 9262264 04 PAYMENT STANDARD DUE PREMIUM 091911 77 7768. 101911 9. 2589. 111911 589 2589. 121811 2589. 011912. 2589. 021912. 2589. 031912. 2589 041812. 2589. 051912. 2589. 061912. 2589 TOTAL 31069 31069 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. U GU406 A 0794 PAGE 1 OF 1 AYMENT UE 91911 01811 11811 21911 11912 21912 31912 11812 51812 61912 OTAL R R R R P R R R R TOTAL PREMIUM 7768.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 31069.00 Agent Copy | 2 |
nan nan | 2 |
Z Knowledge by Position or Department ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol Eff. Date of End I Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Business Auto Coverage Part Commercial General Liability Coverage Part Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Part SCHEDULE COMPANY MANAGER Position cr Department The following Condition is added Knowledge By Your Employee 1. Knowledge of an accident occurrence offense injury claim suit or foss by your employee will not in and of itself be considered your knowledge of the accident occurrence offense injury claim suit or loss unless an employee who a. Holds a position or b. Is amember of a department. shown in the Schedule of this endorsement receives such knowledge. 2. This endorsement does not apply unless the Schedule of this endorsement indicates at least one Position or Department. Al other terms and conditions of this policy remain unchanged. U GU1016 A CW 06 10 Page 10of 1 Includes copyrighted materlal of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
nan nan nan nan | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4 Notice of cancellation will state the effective date of cancellation. The policy period will end on that date 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is 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 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. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports Or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums. The first Named Insured shown in the Declarations 1. Isresponsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 1of1 O Copyright Insurance Services Office Inc. 1998 Agent Copy 1L 00 17 11 98 | 2 |
nan nan nan | 2 |
1L00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply C. Under any Liability Coverage to bodily injury A Under any Liability Coverage to bodily injury or property damage B 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwrit ers Nuclear Insurance Association of Can ada or any of their successors or would be an insured under any such policy but for its termination ypon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in suredis or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into 3 The bodily injury or property damage or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear.facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear.facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2. As used in this endorsement 2 3 Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Page 1 of 2 m ISO Properties Inc. 2001 IL 00 21 05 02 Agent Copy | 2 |
c Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive 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 com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 0502 Agent Copy | 2 |
1L 0259 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2. Cancellation Of Policies In Effect a. 60 Days Or Less sured or If this policy has been in effect for 60 days 7 The determination by the Director of In or less we may cancel this policy for any surance that the continuation of the pol reason icy could place us in violation of the Ne b. More Than 60 Days braska Insurance Laws. if this policy has been in effect for more c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stat ing the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation 3 Any insured has submitted a fraudulent claim 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substan tially increased Page 1 of 2 s ISO Properties Inc. 2006 Agent Copy 1L025909 07 | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mail ing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 SO Properties Inc. 2006 Agent Copy IL 02 59 09 07 u | 2 |
IL 00 03 08 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was is sued. On each renewal continuation or anniversary of the effective date of this policy we WJH computethe premium in accordance with our rates and rules then in effect. Page 1 of 1 m ISO Properties Inc. 2006 Agent Copy 1L.00 03 08 07 | 2 |
nan nan | 2 |
Employee Benefits Liability Occurrence Coverage Form This Coverage Form provides occurrence coverage. Please read the entire form carefully. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declara tions. The words we us and ourrefer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. Insuring Agreement A. Bodily injury. property damage or personal A. We will pay those sums that the insured becomes and advertising injury legally obligated to pay as damages bccamse of any B. Anyclaim or suit arising out of any dishon act error or omission of the insured in the ad est. fraudulent criminal or malicious act ministration of the insured employee benefit o. programs. We will have the right and duty to de C. 1.ny Clalm or sun arising out of discrimina fend the insured against any suit seeking those tion or humiliation damages. However we will have no duty to defend D. Anyclaim or suit arising out of an insurer s the insured against anysuit seeking damages for or other provider s failure to perform its con any act error or omission for which this insurance tract does not apply We may at oxr dtscrellon investl E. Any claim or suit arising out of your failure gate any claim and settle any suit that may result. o but to comply with any workers compensation un u employment insurance social security or dis 1. The amount we pay for damages is limited as ability benefits law described in Section I1. Limits of Insurance of i. f F. Any claim or suit arising out of the failure of this Coverage Part and i ol any of your employee benefit plans to meel 2. Our right and duty to defend ends when we ny of ployee benelit pia N R obligations due to insufficient funds have used up the applicable limit of insurance X i o in the payment of judgments or settlements un G. Anyclaim or suit arising out of der this Employee Benefit Liability coverage. a. Advice given to any person to participate No other obligation or liability to pay sums or per or not participate in a plan or program in form acts or services is covered unless explicitly cluded in employee benefit programs provided for under Supplementary Payments of this b. The appointment of or failure to appoint Coverage Part. any investment manager administrator This insurance applies to an act error or omission trustee actuary advisor counsel account only if ant custodian or consultant 1. The act error or omission takes place in the Any investment activity including the man coverage territory agement administration or disposition of 2. The insured had no knowledge of and could assefs of your employee benefit pro not have reasonably foreseen any circum grams or stances whi i i aim or suit.. ces which might result in a claim or suif d. Failure of any investment to perform as represented by any insured. 3. The act error or omission occurs during the.. H. Any claim or suit arising out of an Insureds policy period. 2. Exclusions This insurance does not apply to any liability as a fiduciary under Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation Any claim or suit arising out of an insurer s or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant Anyinvestment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured. Any claim or suit arising out of an Insured s liability as a fiduciary under U GL851 B CW 604 Page 10f4 Agent Copy | 2 |
3. a. The Employe. ctirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supplementary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judg ment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our liability. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day be cause of time off from work. D. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. II. Limits of Insurance A. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. Subject to the Aggregate Limit provisions in B. above the Each Act Error or Omission Limit is the most we will pay for all damages sustained by any one employee including the employee s de pendents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs. The limits of this Coverage Part apply separately to each consecutive annual period and to any remain ing pe... of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance 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 pur poses of determining the Limits of Insurance. HI. Conditions A. Bankruptcy Bankruptcy or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap plicable deductible amount you must see to it that we are notified as soon as practicable of any act error or omission which may result in a claim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employee and witnesses 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b. Notify us as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. You and any other invelved insured must O a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation set tlement or defense of the claim or suit and d. 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 in surance may also apply. 4 No insureds will except at their own cost vol untarily make a payment assume any obliga tion or incur any expense without our consent. C. Legal Action Against Us U GL851 B CW 604 Page 20f4 Agent Copy | 2 |
E. No person or organization has a1.. 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 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 obtained after an actual trial 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 1 This Coverage Part js primary insurance ex cept when stated to apply in excess of or con tingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which applies to the loss on an excess or contingent basis the amount of our liability under this Coverage Part shall not be reduced because of such other insurance. When both this insurance and other insurance apply to the loss on the same basis whether primary. excess or contingent we shall not be liable for a greater proportion of the loss than that stated in the applicable contribution provi sion below a. Contribution by Equal Shares If all of the other insurance permits contri bution by equal shares we will follow this inethod 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. b. Contribution by Limits If any of the other insurance does not per mit contribution by equal shares we will conribute 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 insur ers. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies 1 As if each Named Insured were the only Named Insured and 2 Separately to each insured against whom claim is made or suit is brought. F. Transfer Of Righ. 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 in sured 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. IV. Definitions A B. C. D. E. F. 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 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. Administration means 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs Handling records in connection with employee benefit programs or 2 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or dis ease sustained by a person including death result ing from any of these at any time. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay damages is determined in a suit on the merits in the territory described in D. 1 above or in a settlement to which we agree. Employee means Your officers and employees whether actively em ployed disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compensa tion unemployment insurance salary continuation U GL851 B CW 604 Page 30f4 Agent Gopy | 2 |
plans social security d. ility benefits insurance savings plans vacation plans or any other similar plans or programs. Insured means You and any of your partners executive officers di rectors members stockholders or employees pro vided such employee is authorized to act in the administration of your employee benefit pro grams. Personal and advertising injury means Injury including consequential bodily injury aris ing out of one or more of the following offenses a False arrest detention or imprisonment Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services or 5 Oral or written publication in any manner of material that violates a person s right of pri vacy 6 The use of another s advertising idea in your advertisement or 7 Inti. ang upon another s copyright trade dress or slogan in your advertisement. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from computer software including systems and applications soft ware hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means A civil proceeding in which damages to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. U GL851 B CW 604 Page 40f4 Agent Copy | 2 |
Fellow Employee Coverage Endorsement Addl Prem Producer Policy No. EfT. Datc of Pol. Exp. Date of Pol. Eft. Date of Eng THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. Itis agreed that paragraph 2. a. 1 of SECTION II WHO IS AN INSURED is deleted and replaced by the following 1 Bodily injury or personal and advertising injury 2 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 b For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1 a above or c Arising out of his or her i roviding or failing to provide professional health care services. U GL9IS C CW 804 Pagel of 1 Includes copyrightsd material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
nan nan | 2 |
Silica or Silica Mixed Dust Exclusion Eff. Date of End Producer Add1. Prem Eff. Date of Pol. Exp. Date of Pol THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or B. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of sil ica by any insured or by any other person or entity. C. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or sil ica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U GL923 B CW 604 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with ts permission Agent Copy | 2 |
nan nan | 2 |
Waiver Of Subrogation Blanket Endorsement Policy No. Eff. Date of Pol Exp. Date of Pol. Efl. Date of End. Add Prem I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement which is.executed before a loss to waive your rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U GL925 B CW 1201 Pagel of Agent Copy | 2 |
nan nan | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART OCCURRENCE DECLARATIONS Policy Number GLO 9262264 04 Named Insured AMERICAN FENCE CO. INC 09 19 2011 at120tAM Coverageends 0919 2012 at12.01AM Policy Period Coverage begins 09 19 2011 Producer Name LOCKTON COMPANIES LLC Producer No. 28832 000 Item 1. Limits of Insurance 2000000 Aggregate Limit 1000000 Each Act Error or Omission Limit Item 2. Form of Business Individual Partnership Joint Venture X Corporation Other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees Per Employee INCL Flat Charge Total Advance Premium For This Coverage Part INCL Audit Period X Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Joint Venture X Corporation U GL D851 B CW 904 Page of Agent Copy | 2 |
nan nan | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9262264 04 ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Policy Period Coverage begins 09 19 2011 at1201AM Coverageends 09 19 2012 at1201AM Producer Name LOCKTON COMPANIES LLC Producer No. 28832 000 Item 1. Business Description Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES. RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Anyone person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here NONE Enter Date o None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements ftem 6. Premiums Coverage Part Premium 31069.00 Other Premium 31069.00 Total Premium COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9262264 04 ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Policy Period Coverage begins 09 19 2011 at1201AM Coverageends 09 19 2012 at1201AM 000000 000000 Any one premises Any one person Any one person or organization ENERAL AGGREGATE LIMIT ACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT ERSONAL AND ADVERTISING INJURY LIMIT 10000 3000 100 10000 U GL D1115 B CW 904 Agent Copy | 2 |
nan nan nan | 2 |
COMMERCIAL GENERAL LIABILITY CG 00011207 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 nsured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insur ance. The word insured means any person or organization qualifying as such under Section It Who Is An in sured. 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 be comes legally obligated to pay as damages be cause 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 in vestigate 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 Hi Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages Aand B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 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 oc currence or claim knew that the bodily in jury or property damage had occurred in whole or in part. If such alisted insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any con tinuation 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. 2 c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section H Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed un der Paragraph 1. of Section Il Who Is An In sured 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 in surer 2 Receives a written or verbal demand or claim for damages because of the bodily in jury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. Page 1 of 16 m CG 00011207 IS0 Properties Inc. 2006 Agent Copy | 0 |
c. Liguor 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 un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemploy ment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of. a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capac ity 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 as sumed by the insured under an insured con tract. e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by rea son of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in acontract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion 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 attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. Page 2 of 16 IS0 Properties Inc. 2006 Agent Copy CG00011207 O | 1 |
d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such op erations by such insured contractor or subcontractor. However this subpara graph does not apply to i Bodily injury or property damage arising out of the escape of fuels lu bricants or other operating fluids which are needed to perform the normal electrical hydraulic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lu bricants 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 per formed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connec tion with operations being performed by you or on your behalf by a con tractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or Jocation 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 re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants a At or from any premises site or location b c which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or.location has been added to your pol icy as an additional insured with re spect 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 in sured other than that additional in sured or i Bodily injury or property demage arising out of heat smoke or fumes from a hostile fire 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 han dling storage disposal processing or treatment of waste Which are or were at any time ftrans ported handled stored treated dis posed of or processed as waste by or for i Any insured or iiy Any person or organization for whom you may be legally responsi ble or Page 3 of 16 m IS0 Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
5 Bodlly injury or property damage arising out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li censed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f2 or.3 of the definition of mobile equip ment h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War. Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement res toration or maintenance of such property for any reason including prevention of in jury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 2 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 re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring clean ing up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a govern mental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft 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 em ployment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage in volved the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft 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 Awatercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Page 4 of 16 IS0 Properties Inc. 2006 Agent Copy CG 00011207 a | 1 |
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 in tended 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 replace ment adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property. if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to ac cess or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution Of Material In Violation Of Statutes Bodily. injury or property damage arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such faw or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. 5 That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed 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 con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises Rented To You as described in Section If Limits Of nsurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 8. Damage To Your Product Property damage to your iroduct arising out of itior any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the prod ucts completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub contractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or danger ous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Page 5 of 16 n IS0 Properties Inc. 2008 Agent Copy CG 00011207 | 1 |
c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the begin ning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li ability for damages that the insured would have in the absence of the contract or agreement. f. 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 ad vertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. h. 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 advertise ment. i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual property rights. Under this exclusion such other intel lectual property rights do not include the use of ancther s advertising idea in your advertise ment However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan. j. 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 Exclusions. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section IIf Limits Of In surance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages be cause 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 injuryto which this insurance does not apply. We may at our discretion investi gate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages Aand B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowl edge that the act would violate the rights of an other and would inflict personal and advertis ing injury.. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowl edge of its falsity. 2 Page 6 of 16 ISO Properties Inc. 2006 Agent Copy CG 00011207 o | 1 |
m. 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dis persal seepage migration release or escape of pollutants at any time.. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2. On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy pe riod b The expenses are incurred and reported to us within one year of the date of the accident and The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the appli cable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an acci dent 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. c Page 7 of 16 o ISO Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
f. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and be fore 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 fimits of insur ance.. If we defend an insured against. a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the i ability of the indemnitee in a contract or agree ment 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 as sumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the in demnitee e. The indemnitee and the insured ask us to con duct and control the defense of that indemnitee against such suit and agree that we can as sign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any de mands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coor dinating other applicable insurance avail able to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b c 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To aperson hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally oc cupies. 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 work ers compensation or disability benefits law or a similar law. e. Athlefics Activities To a person injured while practicing instruct ing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed opera tions hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay wnh respect to any claim we investi gate 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 in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Page 8 of 16 1S0 Properties Inc. 2006 Agent Copy CG 00011207 o | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your ex ecutive officers if you are an organization other than a partnership joint venture or lim ited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these em ployees 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 li ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing 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 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any mem ber if you are a limited liability company. c d b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of thatin demnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Cov erage A Bodily Injury And Property Damage Li ability such payments will not be deemed to be damages for bodily injuryand property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b..A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business. c. Alimited 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 du ties as your officers or directors. Your stock holders are also insureds but only with respect to their liability as stockholders. e. A frust you are an insured. Your trustees are also insureds but only with respect to their du ties as trustees. Page 9 of 16 u ISO Properties Inc. 2006 fgent Copy CG 00011207 | 1 |
b. 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 L 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representa tive will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained by any one person or organization. 5. 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 dam age arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Ex pense Limit is the most we will pay under Cover age C for all medical expenses because of body injury sustained by any one person The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent pos sible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and ions ought or s making claims or Page 10 of 16 IS0 Properties Inc. 2006 Agent Copy CG 00011207 o | 1 |
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 no tice of the claim or suit as soon as practicable.. 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 claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the 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.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages Aor 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 pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. be low. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i 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 temporarily occu pied by you with permission of the owner or If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Dam age 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 addi tional insured by attachment of an en dorsement. 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 de fends we will undertake to do so but we will be entited to the insured s rights against all those other insurers. iv Page 11 of 16 o IS0 Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other and vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where itis licensed or principally garaged. However auto does not include mobile equip ment. 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 in surance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Decla rations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer con tributes equal amounts until it has paid. its ap plicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable fimits of in surance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representa tions you made to us and Page 12 of 16 IS0 Properties Inc. 2006 Agent Copy CG 00011207 o | 1 |
3. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting from any of these at any time. 4. Coverage ferritory 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 dam age 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 fterritory 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 Infernet or simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker 6. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document.. 7. Hostile fire means one which becomes uncontrol lable or breaks out from where it was intended to be 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with per mission of the owner is not an insured con tract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition op erations 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 An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bedily 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 agree ment. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bedily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations 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 in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection ar chitectural or engineering activities. o 2 Page 13 of 16 a ISO Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
10. 1 y 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties refated to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers. Vehicles not described in Paragraph a b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing 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. Bl 13. 14 However seff propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not 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 clean ing 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 in the state where it is licensed or principally garaged. Land vehicles subject to a compulsery or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright dress or slogan in your advertisement. trade IS0 Properties Inc. 2006 Agent Copy Page 14 of 16 CG 00011207 n | 1 |
15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled re conditioned or reclaimed. 16. Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pes session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing 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 con tract 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 equip ment or abandoned or unused materials or 3 Products or operations for which the classi fication fisted in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 19. Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product. a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or 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 du rability performance or use of your prod uct and Page 15 of 16 o ISO Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
2 The providing of or failure to provide warn ings or instructions. c. Dees not include vending machines or other property rented to or located for the use of oth ers but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or eguipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. Page 16 of 16 ISO Properties Inc. 2006 Agent Copy CG 00011207 m | 1 |
Policy wumber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 COMPOSITE RATE UNIT OF EXPOSURE This endorsement modifies insurance provided under the Premium and Reports Agreement Composite Rated Policies Endorsement Condition 5 Premium Audit e. 4 UNIT OF EXPOSURE OTHER is defined as Receipts or Payroll from Residential Buildings. For the purposes of computing the earned premium for the policy period a Residential Building shall mean 1. Ang single family dwelling including but not limited to houses town homes or townhouses or 2. Any multi family dwelling including but not limited to condominiums cooperatives duplexes triplexes or fourplexes or 3. Any other structure or improvement which is attached to or ancillary to any structure identified in 1 or 2 above or 4. Any other structure or improvement which is attached to or ancillary to any structure identified in 1 2 or 3 above constructed reconstructed remodeled or repaired with the intent that title to each individual dwelling or dwelling unit will be transferred separately to each owner. Not withstanding the above residential building does not include a any structure that functions as apartments time shares a hotel a motel a nursing home an assisted living senior housing care facility a colege campus dormitory or government housing on military bases. U GL1114 A CW 1002 Agent Copy GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY AMERICAN FENCE CO. INC T P a eceipts or Payroll from Residential Buildings. or the purposes of computing the earned premium for the policy eriod a Residential Building shall mean B Ang single family dwelling including but not limited to houses own homes or townhouses or Any multi family dwelling including but not limited to ondominiums cooperatives duplexes triplexes or fourplexes or. An other structure or improvement which is attached to or ncillary to any structure identified in 1 or 2 above or. An other structure or improvement which is attached to or ncillary to any structure identified in 1 2 or 3 above onstructed reconstructed remodeled or repaired with the intent hat title to each individual dwelling or dwelling unit will be ransferred separately to each owner. ot withstanding the above residential building does not include ny structure that functions as apartments time shares a hotel a otel a nursing home an assisted living senior housing care acility a college campus dormitory or government housing on ilitary bases. Agent Copy | 2 |
nan nan nan nan nan | 2 |
Policy wumber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 GOVERNMENTAL IMMUNITIES NAME OF PERSON OR ORGANIZATION MIRON CONSTRUCTION CO. INC. 9440 ATLANTIC DR. SW SUITE 3 CEDAR RAPIDS IA 52405 REGARDING JOB FOR CITY OF DES MOINES IOWA THE FOLLOWING ADDITIONAL POLICY PROVISIONS APPLY ONLY AS RESPECTS INCLUSION OF MIRON CONSTRUCTION CO. INC. SHOWN IN THE SCHEDULE ABOVE AS AN ADDITIONAL INSURED ON THIS POLICY 1. NON WAIVER OF GOVERNMENT IMMUNITY. WE EXPRESSLY AGREE AND STATE THAT THE PURCHASE OF THIS POLICY AND OUR INCLUSION OF THE MIRON CONSTRUCTION CO. INC. AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO MIRON CONSTRUCTION CO. INC. UNDER CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 2. CLAIMS COVERAGE. WE AGREE THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERNMENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 3. ASSERTION OF GOVERNMENT IMMUNITY. THE MIRON CONSTRUCTION CO. INC. SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY MAY DO 80 AT ANY TIME AND SHALL DO SO UPON OUR TIMELY WRITTEN REQUEST THAT THE CITY ASSERT SUCH DEFENSE. NOTHING CONTAINED IN THIS ENDORSEMENT SHALL PREVENT US FROM ASSERTING THE DEFENSE OF GOVERNMENTAL IMMUNITY ON BEHALF OF THE MIRON CONSTRUCTION CO. INC. 4. NON DENIAL OF COVERAGE. WE SHALL NOT DENY COVERAGE UNDER THIS POLICY AND SHALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE MIRON CONSTRUCTION CO. INC. UNDER THIS POLICY FOR REASONS OF GOVERNMENT IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSES OF GOVERNMENTAL IMMUNITY ASSERTED BY MIRON CONSTRUCTION CO. INC. 5. NO OTHER CHANGE IN POLICY. WE AND THE MIRON CONSTRUCTION CO. INC. AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. U GL1114 A CW 1002 Agent Copy GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY CAN FENCE CO. INC MWV LAARSALAL LAV L L AaV NIZATION INC. JITE 3 A. POLICY PROVISIONS APPLY ONLY AS RESPECTS RUCTION CO. INC. SHOWN IN THE SCHEDULE INSURED ON THIS POLICY 0 UPON Agent Copy | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.