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Policy wumber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 AM Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 GOVERNMENT IMMUNITES NAME OF PERSON OR ORGANIZATION CITY OF CENTER POINT IA 200 FRANKLIN ST. CENTER POINT IA 52213 RE IOWA STREET RECONSTRUCTION A. NON WAIVER OF GOVERNMENT IMMUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES AND THE STATE THAT THE PURCHASE OF THIS POLICY AND INCLUDING THE CITY OF CENTER POINT IA AS AND ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSE OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE. OWNER UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. B. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES 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. C. ASSERTION OF GOVERNMENT IMMUNITY. THE OWNER SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY MAY DO SO 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 OWNER. D. NON DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE OR DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE OWNER UNDER THIS POLICY FOR REASONS OF GOVERNMENT IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE S OF GOVERNMENTAL IMMUNITY ASSERTED BY OWNER. E. NO OTHER CHANGE IN POLICY. THE INSURANCE CARRIER AND THE OWNER AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. NOTE THIS ENDORSEMENT IS INTENDED FOR ATTACHMENT TC THE CONTRACTOR S INSURANCE POLICY AND CERTIFICATE OF INSURANCE. U GL1114 A CW 1002 Agent Copy L L e g GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY AMERICAN FENCE CO. INC WV SRS L ARV L A A NIZATION A RUCTION MENT IMMUNITY. THE INSURANCE CARRIER T STATE THAT THE PURCHASE OF THIS POLICY AND INTER POINT IA AS AND ADDITIONAL INSURED iE DEFENSE OF GOVERNMENTAL IMMUNITY JNDER THE CODE OF IOWA SECTION 70.4 IT MAY BE AMENDED FROM TIME TO TIME. INSURANCE CARRIER FURTHER AGREES THAT SHALL COVER ONLY THOSE CLAIMS NOT OF GOVERNMENTAL IMMUNITY UNDER THE.4 AS IT NOW EXISTS AND AS IT MAY TIME. i iNT IMMUNITY. THE OWNER SHALL BE RESPONSIBLE SE OF GOVERNMENTAL IMMUNITY MAY DO SO AT ANY ON OUR TIMELY WRITTEN REQUEST THAT THE CITY HING CONTAINED IN THIS ENDORSEMENT SHALL G THE DEFENSE OF GOVERNMENTAL IMMUNITY ON 3E. THE INSURANCE CARRIER SHALL NOT DENY THE RIGHTS AND BENEFITS ACCRUING TO THE. NO OTHER CHANGE IN POLICY. THE INSURANCE CARRIER AND THE OWNER GREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL OT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE NDER THE POLICY. OTE THIS ENDORSEMENT IS INTENDED FOR ATTACHMENT TO THE ONTRACTOR S INSURANCE POLICY AND CERTIFICATE OF INSURANCE. Agent Copy | 2 |
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Policy.. umber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 AM. 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 DUBUQUE WPCP MODIFICATION DUBUQUE IA PROJECT 103400 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 SO 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 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 DEFENSE S 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 AN FENCE CO. INC WUvLlNnanLind LNV iihes. ORGANIZATION I CO. INC. SW SUITE 3 52405 ICATION TIONAL POLICY PROVISIONS APPLY ONLY AS RESPECTS I CONSTRUCTION CO. INC. SHOWN IN THE SCHEDULE TONAL INSURED ON THIS POLICY O FENSE. Agent Copy | 2 |
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Z CONTRACTORS LIABILITY ENDORSEMENT ZURICH Eff. Date of End. This endorsement modifies insurance provided under the following Commercial General Liability Coverage Part 1. Paragraph 2a of exclusion g. Aircraft Auto or Watercraft under 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is amended to read as follows Less than 51 feet long and 2. The last paragraph of 2. Exclusions under Section I Coverage A Bodily Injury And Property Damage Liability is de leted and is replaced by the following Exclusions c. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III Limits of Insurance. 3. Exclusion e. Contractual Liability of Coverage B Personal And Advertising Injury Liability is deleted and replaced by the following e. Contractual Liability Personal and advertising injury for which the msured has assumed liability in a contract or agreement. This exclu sion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a written contract or agreement that is an insured contract provided the personal and advertising injury is caused by an offense which occurs subsequent to the exccution of the contract or agreement. 4 Paragraph a. of 1. Insuring Agreement undr Coverage C Medical Payments is deleted and replaced by the following a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within three years of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. 5. Paragraph 1. b.. under Supplementary Payments Coverages A And B is deleted and replaced with the following b. The 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. 6. The following is added to paragraph 2 of Section I Who Is An Insured. T 1060 CW 002009 pPeEsuot Byt s WA Rt as o TR A el e e U GL1060 D CW 09 2009 Page1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
10. 11. e. Your subsiv.es and subsidiaries of your subsidiaries will.. 4ify as Named Insureds if shown as a Named Insured in the Declarations or if not shown as a Named Insured in the declarations 1 Such entity has been incorporated or organized prior to the effective date of this policy under the laws of the United States of America including any state thereof its territories or possessions or Canada including any province thereof and 2 You currently own an interest in such entity of more than fifty percent. Unless shown as a named insured in the Declarations coverage under this provision is afforded only until the 1800 day after the effective date of 1 Your first Commercial General Liability Coverage Part policy period with us or 2 Your first Commercial General Liability Coverage Part policy period with us after twelve or more months from the expiration of your last Commercial General Liability Coverage Part with us. Paragraph 3. a. of Section I Who Is An Insured is deleted and is replaced by the following a. Coverage under this provision if afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier The following last paragraph of Section I Who Is An Insured is deleted 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. The following is added to Section IT Who Is An Insured 4. With respect to the product completed operations hazard only you are an insured for your bodily injury and property damage liability arising out of a terminated partnership or joint venture. However no person or organi zation is an insured with respect to the conduct of any a. Current partnership or joint venture that is not shown as a Named Insured in the Declarations or b. Current or past linited liability company that is not shown as a Named Insured in the Declarations. The insurance provided by this provision will not inure to the benefit of any party except you. Paragraph 6. of Section Il Limits Of Insurance is deleted and replaced with the following 6. Subject to 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 spe cific perils while rented to you or temporarily occupied by you with permission of the owner. The following is added to paragraph 2. Duties In the Event of Occurrence Claim or Suit of Section IV Commercial General Liability Conditions e. Knowledge of an occurrence claim or suit by the agent servant or employee of an insured shall not in itself constitute your knowledge unless your officer manager or partner has received notice of the occurrence claim or suit. Failure by an agent servant or employee of an insured other than an officer manager or partner of an insured to notify us of an occurrence will not be considered a failure to comply with paragraph a. and b. above.. Paragraph b. 1 a ii of item 4. Other Insurance under Section IV Commercial General Liability Conditions is de leted and replaced with the following b That is building insurance for premises rented to you or temporarily occupied by you with permission of the owner U GL1060 D CW 092009 Page20f3 Includes copyrighted material of Insurance Serviees Office Inc. with its permission. Agent Copy | 2 |
13. The following is added to paragraph b. of 4. Other Insurance under Section IV Cu.. mercial General Liability Con ditions Any other insurance that is or was purchased to insure i Your participation in a partnership or joint venture which terminated or ended prior to the effective date of this policy or if A subsidiary not shown as a Named Insured to the extent such subsidiary is an insured as described in paragraph 2.e. of Section II Who Is An Insured. 14. The following is added to Section IV Commercial General Liability Conditions 10. Unintentional Errors and Omissions. Any unintentional error or omission in the description of or failure to completely describe any premises or opera tions intended to be covered by this Coverage Part will not invalidate or affect coverage for those premises or opera tions. However you must report such error or omission to us as soon as practicable after its discovery. 11. Two or More Coverage Forms or Policies Issued by Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same occurrence the maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy and only that limit shall apply to that occurrence. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. 15. Ttem 3. ofSection V Definitions is deleted and replaced with the following 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease. 16. Item a. Insured Contract of 9. under Section V Definitions is deleted and replaced with the following a A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damages by specified perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract 17. The following is added to item 9.. of Section V Definitions. 4 That indemnifies a person or organization for personal and advertising injury a Arising out of advertising publishing broadcasting or telecasting done for you or on your behalf or b To an employee of such person or organization. 5 That part of any contract or agreement that indemnifies a labor leasing firm for bodily injury to leased workers 18. Item a. 1 of 22. Your Work under Section V Definitions is deleted and replaced with the following 1 Work or operations performed by you or on your behalf but does not include work or operations performed by an other entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Decla rations which terminated or ended prior to the effective date of this policy and 19. The following are added to Section V Definitions 23. Specific Perils means Fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment weight of snow ice or sleet or water damage. 24. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. U GL1060 D CW 092009 Page3of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
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Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Comumercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any L. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. 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 way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. hacteria. U GLA171 AC W 0703 Pagel of Includes copyrighted material of Insurance Services Office Inc. with its permission Agent Copy | 2 |
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Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. EF. Date of End Producer No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to bodily injury property damage or personal and advertising injury covered under Section Coverage A Bodily Injury And Property Damage Liability and Section Coverage B Personal And Advertising Injury Liability but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf and resulting directly from your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement performed for the additional insured person or organization. C. However regardless of the provisions of Paragraphs A. and B. above 1. We will not extend any insurance coverage to any additional insured person or organization a. Thatis not provided to you in this policy or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of a. The Limits of Insurance provided to you in this policy or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional architectural engineering or surveying services including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. E. The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and person or organization U GL1175 C CW 0710 Page 10f2 Includes copyrighted material of insurance Services Office Inc. with its permission. Agent Copy | 2 |
A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. F. For the coverage provided by this endorsement 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is primary insurance as respects our coverage to the additional insured person or organization where the written contract or written agreement requires that this insurance be primary and non contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U GLA175 C CW 0710 Page 20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
Z ZURICH Tllinois Exclusion of Waiver of Kotecki Cap Policy No. Eff. Dato of Pol. Exp. Date of Pol. Ef. DateofEnd. ProducerNo. Addl Prem Return Prem. Producer Named Insured Mailing Address THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement madifies insurance provided under the Commercial General Liability Coverage Part The following is added to paragraph f. of SECTION V DEFINITION 9. Insured Contract Paragraph f. does not include that part of any contract or agreement 4 That waives the liability limit afforded under the lllinois Workers Compensation Act. Signed by Authorized Representative Date U GL1267 A IL 05 2006 Page 10of 1 Agent Cony | 2 |
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Z ZURICH Limited Operations Coverage Work Excluded Under A Consolidated Wrap Up Insurance Program THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured AMERICAN FENCE CO. INC Address including ZIP Code 14803 FRONTIER RD OMAHA NE 68138 3920 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE SCHEDULE Description and Location of Operations ANY LOCATION WHERE THE INSURED HAS OR HAD OPERATIONS INSURED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM. THIS EXCLUSION DOES NOT APPLY TO ANY LOCATIONS THAT MAY BE DESCRIBED IN U GL1058 EXCESS COVERAGE FOR INSUREDS INTEREST IN SPECIFIED WRAP UP PROGRAMS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The following exclusion is added to paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing opera tions or operations included within the products completed operations hazard at the location described in the SCHEDULE of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1. Provides coverage identical to that provided by this Coverage Part 2. Has limits adequate to cover all claims or 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE for your service maintenance correction repair or replacement of the original work performed and insured under the consolidated wrap up insurance program. U GL1204 A CW 10 06 Page 10f 2 Agent Copy | 2 |
However this extension of coverage does not apply to damages because of bodily injury or property damage due to any service maintenance correction repair or replacement work 1. as respects the products completed operations hazard or 2. for which coverage is afforded under the consolidated wrap up insurance program. For the application of the coverage provided by this endorsement in paragraph B. above SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONSparagraph 4 Other Insurance is replaced by the following This insurance is excess over any other insurance whether primary excess contingent or on any other ba sis. If any other insurance responds or can respond to this loss we shall have the right but not the duty to defend any suit. 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 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2. The total of all deductible and self insured amounts under alf that other insurance. We will share the remaining loss if any with any other insurance that may apply and that was not bought specifically to apply in excess of the Limits of nsurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative U GL1294 A CW 1006 Page 20f 2 Agent Copy | 2 |
Z ZURICH Lead Liability Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff Date of End Producer Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Dam age Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 1 Bodily injury property damage or personal and advertising injury arxsinguu of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replace ment or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at anytime airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any se quence to the injury or damage. 2 Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other mate rial product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or sub stance containing lead or in any way responding to or assessing the effects of lead in any form. 3 Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page 1 of 1 Agent Copy | 2 |
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Asbestos Exclusion Endorsement Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. I Producer Addl. Prem Return Prem. Policy No THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Comumercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have oc curred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand. order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GLA178 A CW 0703 Page of Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
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Z ZURICH Premium And Reports Agreement Composite Rated Policies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under any of the following Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part Owners Contractors Protective Coverage Part Railroad Protective Coverage Part Schedule 1. Unit of Exposure O Gross Sales O Area O Galions O Each O Rooms O General Liability Payroll O Admissions O Units 0 Rounds played O Total Cost 0 Total Operating Expenditures O Occupied rooms O Licensed Autos IX Workers Compensation Payroll O Other 2. Estimated Premiums Coverage Description Unit of Exposure Rates COMMERICAL WC 8714077 0.353 30761 PAYROLL PER 100 RESIDENTIAL WC PAYROLL 0 0.388 0 PER 100 1 308 TERRORISM Add more rows as required 3. Deposit Premium 4. Minimum Premium 31.069.00 1538000 Condition 5 Premium Audit of Section IV Commercial General Liability Conditions is replaced by the following 5. Premium Audit a. We will compute all premiums for this Coverage Part according to our rules and the composite rates shown in the Schedule above or attached hereto. b. For policies other than Annual Reporting the deposit premium shown in the Schedule is due and payable on the first day of the policy period. The first Named Insured will pay within 20 days following the mailing or delivery of the statement of audited premium for each audit period the earned premium due. U GL872 B CW 04.09 Page 1 of2 | 2 |
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e Within 180 days after this Coverage Part expires we will conduct an audit which may not be waived. We will compute the earned premium for the policy period by multiplying the composite rate against the total developed exposure. If the earned premium is greater than the sum of the deposit and any interim adjustment premiums the first Named Insured will pay us the excess if less we will return the unearned portion to the first Named Insured. However the earned pre mium will not be less than the Minimum Premium as shown in the Schedule. The first Named Insured must maintain records of the information we need for premium computation and send us copies at such times as we may request. The units of exposure shown in the Schedule are defined as follows 1. Admissions means the total number of persons other than employees of the named insured admitted to events con ducted on the insured premises whether on paid admissions tickets complimentary tickets or passes. 2. Gallons means the total number of gallons of liquefied petroleum gasses invoiced on any basis to any customer whether or not the insured actually takes possession of such gases. Gross sales means gross sales invoiced before discounts but does not include taxes collected for any governmental unit. w 4. Licensed auto means the final average of the number of autos at policy inception and the number of autos at policy termination. 5. Occupied rooms means the number of rooms actually rented during the policy year in a hotel or other place of lodging. 6. General Liability payroll means total remuneration for all employees of the insured as defined in our rating manuals. 7. Workers Compensation payroll means total remuneration for all employees of the insured as defined in our rat ing manuals. 8. Rounds played means the number of both paid and gratuitous rounds of golf played on an 18 hole goif course dur ing the policy year. Rounds that are less then 10 holes will be counted as a half round toward the total number of rounds of golf played. 9. Each means the total number of exposure units as described in the exposure basis. 10. Rooms mean the total number of rooms available for rent in a hotel or other place of lodging. 11. Total cost means the total cost of all work let or sublet in connection with each specified project including the cost of all labor material and equipment furnished used or delivered in the execution of the work however do not in clude the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and all fees bonuses or commissions made paid or due. 12. Total Operating Expenditures means expenditures including grants entitlements and shared revenue without re gard to source of revenue including accounts payable. 13. Units means a single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. 14. Area means the total number of square feet of floor space at the insured premises they occupy or lease to others. 15. Other means the unit of exposure as defined in the Unit of Exposure Schedule of this endorsement. Page 20f 2 U GL72 B CW 04 09 | 2 |
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COMMEXCIAL GENERAL LIABILITY CG 26501298 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph la. of Coverage C. Medical Payments is replaced with the following 1. Imsuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an ac cident 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 1 The accident takes place in the cov erage territory and during the policy period 3 The expenses are incurred and report ed to us within one year of the date of the accident. However expenses re ported tous after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and The injured person submits to exami nation at our expense by physicians of our choice as often as we reason ably require. Page 1of 1 J Copyright Insurance Services Office Inc. 1998 Agent Copy CG 26 5012 98 | 2 |
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Z ZURICH Deductible Endorsement Occurrence addl prem. Policy No. Exp. Date of Pol Eff. Date of End. Agency No. THIS ENDORSEMENT CHANGES THE POLICY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part It is agreed that the following deductible provisions are added to the policy as respects the Employee Benefit Li ability Coverage Part Deductible 51000 1. The deductible amount stated above shall be de ducted from the amount of all claims arising out of the same act error or omission. We shall be liable only for the difference between such deductible amount and the amount of insurance otherwise ap plicable on a per act error or omission basis. The Aggregate Limit will not be reduced by the appli cation of such deductible. PLEASE READ IT CAREFULLY. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de fense of suits and b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount 1o effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de fense of suits and b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount 1o effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. U GL852 A CW 796 Page of 1 Agent Copy | 2 |
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COMMERCIAL GENERAL LIABILITY CG 0068 0509 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAWEXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Section B. Exclusion p. of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Dam Coverage B Personal And Advertising Injury age Liability is replaced by the following Liability is replaced by the following 2. Exclusions 2. Exclusions This insurance does not apply to This insurance does not apply to g. Recording And Distribution Of Material Or p. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such faw 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or 4 Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collect ing recording sending transmitting communicating or distribution of material or information. 2 Information in Violation Of Law Personal and advertising injury 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 The CAN SPAM Act of 2003 including. any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collect ing recording sending transmitting communicating or distribution of material or information. 2 3 4 Page 1 of 1 a Insurance Services Office Inc. 2008 Agent Copy CG 00 68 05 09 | 2 |
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 02241093 EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 1201 AM. standard time Named Insured Countersigned by Authorized Representative SCHEDULE AL srmbhinr of Procin Aadines oes halasss el Number of Days Notice see below e 10 Day Notice for Non Payment of Premium e 30 Day Notice for Fraud Misrepresentation Changes in Conditions or Insolvency e 60 Day Notice for Any other Reason If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CL 648 10 93 CG 02241093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
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MBER GLO 9262264 0 COMMExnCIAL GENERAL LIABILITY CG 03 0001 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER GLO 9262264 0 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE 2500 Coverage Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability andor Property Damage Liability Combined 2500 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. Ifno limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused 2500 PROPERTY DAMAGE PER OCCURRENCE Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Cover age to all damages sustained by any one person because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined B as the result of any one occurrence. If damages are claimed for care loss of serv ices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. A Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury Page 1 of 2 Copyright Insurance Services Office Inc. 1994 Agent Copy CG 03 00 01 96 | 2 |
as the sult of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. PER OCCURRENCE Ba.s. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined CG 03 00 01 96 Page 2 of 2 Copyright Insurance Services Office Inc. 1994 Agent Copy | 2 |
POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 201507 04 POLICY NUMBER GLO 9262264 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERGIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN CONTRACT AGREEMENT OR PERMIT EXECUTED PRIOR TO THE LOSS TO PROVIDE ADDITIONAL INSURED COVERAGE Your Products Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section I Who Is An Insured is amended to c. Any physical or chemical change in the include as an additional insured any persons or product made intentionally by the vendor organizations referred to below as vendor d. Repackaging except when unpacked solel shown in the Schedule but only with respect to forplhe gurose o inspectronp. demonstra bodily injury or property damage arising out of tion testing or the substitution of parts your products shown in the Schedule which are under instructions from the manufacturer distributed or sold in the regular course of the and then repackaged in the original con vendor s business subject to the following addi tainer tional exclusions S.. e. Any failure to make such inspections ad 1. The insurance afforded the vendor does not justments tests or servicing as the vendor apply to has agreed to make or normally undertakes a. Bodily injury or property damage for to make in the usual course of business in CG 20150704 which the vendor is obligated to pay dam ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you Agent Copy connection with the distribution or sale of the products f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in con nection with the sale of the product IS0 Properties Inc. 2004 Page 1 of 2 PRIOR 1O THE LOss TO PROVIDL ADDITIONAL INSURED COVERAGE Page 1 of 2 | 2 |
g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the ven dor or h. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its be half. However this exclusion does not ap ply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connec tion with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. Page 2 of 2 IS0 Properties Inc. 2004 Agent Copy CG 201507 04 o | 2 |
POLICY NUMBER GLO 9262264 04 POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 20280704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN CONTRACT AGREEMENT OR.PERMIT EXECUTED PRIOR TO THE LOSS TO PROVIDE ADDITIONAL INSURED COVERAGE l Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or additional insureds this insurance does not apply organizations shown in the Schedule but only to any occurrence which takes place after the with respect to liability for bodily injury property equipment lease expires. damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. UL LIUVNAL ANoURLLU LUVLRALLS Page 1 of 1 o CG 202807 04 180 Properties Inc. 2004 Agent Copy | 2 |
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COMMERCIAL GENERAL LIABILITY CG21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In Exclusions of Section Coverage B Personal jury And Property Damage Liability And Advertising Injury Liability This insurance does not apply to This insurance does not apply to Bodily injury to Personal and advertising injury to 1 A person arising out of any 1 A person arising out of any a Refusal to employ that person a Refusal to employ that person b Termination of that person s employment b Termination of that person s employment or or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. c Employment refated practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Page 10of 1 180 Properties Inc. 2006 Agent Copy CG21471207 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in Section jury arising out of caused by or attributable to Exterior insulation and finish system means a whether in whole or in part the following non load bearing exterior cladding or finish sys 1. The design manufacture construction fabrica tem and all component parts therein used on any tion preparation distribution and sale installa part of any structure and consisting of on appcaqn mainlenance or repar includ 1. A rigid or semirigid insulation board made of ing remodeling service correction or expanded polystyrene and other materials replacement of any exterior insulation and fin ish system or any part thereof or any substan tially similar system or any part thereof includ 2. The adhesive andor mechanical fasteners used to attach the insulation board to the sub ing the application.or use of conditioners strate primers accessories flashings 00525 3. Areinforced or unreinforced base coat aulklng or sealants in connection with such a 4. A finish coat providing surface texture to which ystem or... color may be added and 2. our product or your work with respect to 5. Any flashing caulking or sealant used with the any exterior component fixture or feature of any structure if an exterior insulation and fin ish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. system for any purpose. Page 1 of 1 ISO Properties Inc. 2003 Agent Copy CG21861204 | 2 |
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COMMERGAL GENERAL LIABILITY CG 22790798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Ex clusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclu sions of Section I Coverage B Personal And Adver tising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising in jury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respectto either orboth of the following operations a. Providing engineering architectural or survey ing services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or survey ing services in connection with construction work you perform. Subject to Paragraph 3. below professional services include a Preparing approving or failing to prepare or approve maps shop drawings opinions re ports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engi neering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacily as a construction contractor. Pagelof1 J Copyright Insurance Services Office Inc. 1997 Agent Copy CG22790798 | 2 |
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POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY POLICY NUMBER GLO 9262264 04 CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site ALL. WORK IN CONNECTION WITH ICONSTRUCTION OR DEMOLITION OPERATIONS ON OR WITHIN 50 FEET OF A RAILROAD If noentry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Paragraph f. does not include that part of any With respect to operations performed for or affecting contract or agreement a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec.1 That indemnifies an architect engineer or tion is replaced by the following surveyor for injury or damage arising out 9. Insured Contract means of a. A contract for a lease of premises. However a Preparing approving or failing to pre that portion of the contract for a lease of pare or approve maps shop drawings premises that indemnifies any person or or opinions reports surveys field orders ganization for damage by fire to premises while change orders or drawings and specifi rented to you or temporarily occupied by you cations or with permission of the owner is not an insured b Giving directions or instructions or contract failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for A sidetrack agreement. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a fiability that would be imposed by law in the absence of any contract or agreement. an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. TGV TV el L WORK IN CONNECTION WITH INSTRUCTION OR DEMOLITION ERATIONS ON OR WITHIN FEET OF A RAILROAD et IV R e Pagetof1 O Is0 Proggerlies Inc. 2000 ent Copy CG 24171001 | 2 |
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POLICY NUMBER GLO 9262264 04 CY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS HOWEVER ONLY ONE GENERAL AGGREGATE LIMIT WILL APPLY TO ALL CONSTRUCTION PROJECTS WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER COMBINED CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. nformation required to complete this Schedule if not shown above will be shown in the Declarations. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. Page 1 0of 2 o Insurance Services Office Inc. 2008 Agent Copy CG 25030509 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 Agent Copy CG 2503 0509 o | 2 |
POLICY NUMBER GLO 9262264 04 POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 25040509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations ALL LOCATIONS OTHER THAN CONSTRUCTION PROJECTS OCCUPIED BY THE NAMED INSURED Information required to complete this Schedule if not shown above will be shown in the Declarations. AN CONSTRUCTION PROJECTS OCCUPIED BY THE A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section I Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated ocation. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated ocation shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such fimits will be subject to the applicable Designated Location General Aggregate Limit. Page 1 of 2 m Insurance Services Office Inc. 2008 Agent Copy CG 25040509 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of badily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 Agent Copy CG 2504 0509 n | 2 |
LIMITED POLLUTION OVERAGE ENDORSEMENT WORK SITE Addl. Prem Return Prem. Policy No. Eif. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer THIS ENDORSEMENT MODIFIES THE INSURANCE PROVIDED BY THE COMMERCIAL GENERAL LIABILITY COVERAGE PART ONLY AS RESPECTS THE EXCEPTION COVERAGE PROVIDED FOR WORK SITE POLLUTION. PLEASE READ THIS ENDORSEMENT CAREFULLY SINCE IT MAY INCLUDE TERMS AND CONDITIONS DIFFERENT FROM OTHER POLICIES OR POLLUTION COVERAGE ENDORSEMENTS YOU MAY HAVE PURCHASED. SCHEDULE Deductible 5000 Each Pollution Incident Limit 1000000 Limited Pollution Aggregate Limit 2000000 Paragraphs 1 d and 1 e of Exclusion f. Pollution Coverage A. are deleted. s L With regard to any work site we will pay those sums that the insured becomes legally obligated to pay as damages for bodily injury or property damage which occur as a direct result of a pollution incident but only if the pollu tion incident. a. Emanates from a work site b. Occurs during the policy period and within the coverage territory c. Has a duration of no more than seventy two 72 consecutive hours and d. Is promptly reported to us but in no event later than thirty 30 days from the date the pollution incident com menced. N We will also pay for bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such work site has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at the work site and such work site is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. The amount we will pay for damages is limited as described in D. Limits of Insurance of this endorsement and Our right and duty to defend for this coverage end when we have used up the applicable limit of insurance shown in the SCHEDULE of this endorsement in payment of judgments or settlements under the work site pollution cover age provided herein. This work site insurance does not apply to 1. Any work site that has either been proposed for or included on the federal government s National Priorities List Superfund Site or any similar state environmental Superfund or priorities list Any pollutants which are or were at any time transported handled stored treated disposed of or processed as waste from any work site by or for any insured or any person or organization for whom the insured may be legally responsible Any work site which is or was at any time used by or for the insured or others for the handling storage disposal processing or treatment of waste 4. Anyunderground storage tank system U GL1059 A 0502 Page of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy U GL1059 A 0502 Page of 3 | 2 |
Any failure to comp..vith any applicable statute regulation ordinai.... directive or order relating to the pro tection of the environment and promulgated by any government body provided that failure to comply is a willful or deliberate act or omission of the insured Any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 19789 or the Clean Water Act of 1977 as amended in 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended Any obligation or liability assumed by the insured under any contract or agreement unless the insured would have that obligation or liability in the absence of said contract or agreement Any exposure to asbestos or the removal or clean up of asbestos or the disposal of asbestos products fibers or dust Any emission discharge release or escape of drilling fluid oil gas or other fluids from any oil gas mineral water or geothermal well. Any bodily injury or property damage included within the products completed operations hazard. Any bodily injury or property damage arising out of acid rain. Any bodily injury or property damage arising out of lead paint containing lead or any other material or sub stance containing lead or Any bodily injury or property damage arising at or from any work site if the operations performed at that work site are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to. or assess the effects of pollutants. D. Limits of Insurance 1. The Limits of Insurance shown in the SCHEDULE of this endorsement and the provisions below determine the most we will pay under this coverage regardless of the number of a.. insureds b. claims made or suits brought or persons or organizations making claims or bringing suits. The Limited Pollution Aggregate Limit of Insurance shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all covered damages arising from all pollution incidents combined for which cover age is provided by this endorsement.. Subject to the provisions of the Limited Pollution Aggregate Limit of Insurance in E. 2. above the most we will pay for all covered damages arising from any one pollution incident for which coverage is provided by this en dorsement will be the lesser of a. The Each Pollution Incident Limit of Insurance indicated in the SCHEDULE of this endorsement or b. The sum of all damages arising out of any one pollution incident minus the deductible if any shown in the Schedule of this endorsement. Any and all damages paid under the terms and conditions of this endorsement will further be applied against and will reduce the policy General Aggregate Limit of Insurance shown on the Declarations page as provided in the Commercial General Liability Coverage Part in the same manner and in addition to all other damages losses costs or expenses iricurred under all other coverages of the Commercial General Liability Coverage Part that are also subject to the General Aggregate Limit. We may pay part or all of any deductible amount if applicable to effect sttlcmcut of any claim or suit. Upon notice of our payment of any deductible amiount you shall promptly reimburse us for the part of the deductible amount we paid. E. Asrespects the coverage provided in this endorsement for work site pollution only Section IV. Condition 4. Other In surance is deleted and replaced by the following 4. Other Insurance or suits brought or U GL1059 A 502 Page 20f3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
If other valid and collectible insurw.. ce is available to the insured for any damages.. at we also cover under this en dorsement our obligations are limited as follows 1. This insurance is excess over any other applicable insurance be it primary excess contingent or on any other basis 2. We will have no duty under this endorsement to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake the defense but we will be entitled to the insurer s rights against all those other insurers. 3. We will only pay our share of the amount of damages that exceed the sum of a. The total amount that all such insurance would pay for said damages in the absence of this insurance and b. The total of all deductible and self insured amounts under all such other insurance. We will share the damages with any other insurance that is not described in this Other Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance set forth in the Schedule of this en dorsement. F. Definitions The following definitions apply as respects the insurance provided by this endorsement only 1. Pollution incident means An unexpected and unintended discharge dispersal relcase or escape of pollutants at a work site that is demon strable as having commenced abruptly on a specific identifiable date during the policy period. For purposes of this endorsement pollution incident applies in place of occurrence. All interrelated repeated or continuous episodes of a discharge dispersal release or escape of pollutants shall in their entirety be deemed to be a single pollution incident. Allbodily injury or property damage resulting from a single pollution incident shall be deemed to have occurred only at the commencement date of the discharge dis persal telease or escape of pollutants.. 2. Suit means a civil proceeding in which damages because of a covered pollution incident are alleged. Suit in cludes N a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the in sured submits with our consent. 3. Underground Storage Tank System means Any tank including associated piping or equipment connected to the tank that has at least ten percent 10 ofits volume below ground. 4. Work site means Any premises site or location where the insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations. Work site does not include any premises site or location which is or was at any time owned rented or occupied by any insured. The terms and conditions of exclusion f. Pollution and all other terms and conditions of the policy not affected by this en dorsement continue to apply as currently written. U GL1059 A 0502 Page3of 3 Agent Copy | 2 |
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Z ZURICH Advisory notice to policyholders regarding the U.S. Treasury Department s Office of Foreign Assets Control OFAC regulations No coverageis provided by this policyholder notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. This notice provides information concerning possible impact on your insurance coverage due to directives issued by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site hitp www.treasury.gov about organizational structure offices Pages OfficeofForeignAssetsControl.aspx. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU1041 A 311 Page 10f 1 Agent Copy Agent Copy | 2 |
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Z ZURICH Disclosure Statement it is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 ACW 0611 Page 10f 1 Agent Copy | 2 |
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ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit http www.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page 10f 1 gent Copy | 2 |
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ZURICH Commercial General Liability Policy Occurrence General Liability 0CT 17 201 Zurich North America Insurance is provided by the company designated on the Declaration Page. A stock insurance company. U GL141 A CW 788 | 2 |
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IL P 001 01 04 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
HDI GERLING AMERICA INSURANCE COMPANY Date 112016 LEISTRITZ Re Anti Fraud Warning Statement Requirements Policy Number GLD1070908 Pursuant to statutory requirements we are required to inform you of the specific Anti Fraud Warning Statement that is required on all applications for insurance. Some jurisdictions require your signature. Carefully review the attached form which includes the appropriate anti fraud statement. Please sign the attachment where necessary if you are domiciled in a state that requires your signature and return it to us as soon as possible. Thank you for your cooperation. Sincerely James Clark Chief Underwriting Officer 161 North Clark Street 48 Floor Chicago I1 60601 113004 MS 08 11 | 2 |
113005 MS 08 13 HDI GLOBAL INSURANCE COMPANY STATE FRAUD STATEMENTS APPLICABLE IN ARKANSAS ARKANSAS FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. APPLICABLE IN COLORADO COLORADO FRAUD STATEMENT It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of insurance company who knowingly provide false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of Insurance within the department of regulatory agencies. APPLICABLE IN DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA FRAUD STATEMENT WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment fines and denial of insurance benefits. APPLICABLE IN FLORIDA FLORIDA FRAUD STATEMENT Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. APPLICABLE IN HAWAII HAWAII FRAUD STATEMENT For your protection Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment or both. 1of4 11 3005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN KANSAS KANSAS FRAUD STATEMENT 40 2118. Fraudulent insurance act defined penalty notification of commissioner when antifraud plan. a For purposes of this act a fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. b An insurer that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed shall provide to the commissioner on a form prescribed by the commissioner any and all information and such additional information relating to such fraudulent insurance act as the commissioner may require. c Any other person that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed may provide to the commissioner on a form prescribed by the commissioner any and all information and such additional information relating to such fraudulent insurance act as the commissioner may request. d 1 Each insurer shall have antifraud initiatives reasonably calculated to detect fraudulent insurance acts. Antifraud initiatives may include fraud investigators who may be insurer employees or independent contractors or an antifraud plan submitted to the commissioner no later than July 1 2007. Each insurer that submits an antifraud plan shall notify the commissioner of any material change in the information contained in the antifraud plan within 30 days after such change occurs. Such insurer shall submit to the commissioner in writing the amended antifraud plan. The requirement for submitting any antifraud plan or any amendment thereof to the commissioner shall expire on the date specified in paragraph 2 of this subsection unless the legislature reviews and reenacts the provisions of paragraph 2 pursuant to K.S.A. 45 229 and amendments thereto. 2 Any antifraud plan or any amendment thereof submitted to the commissioner for informational purposes only shall be confidential and not be a public record and shall not be subject to discovery or subpoena in a civil action unless following an in camera review the court determines that the antifraud plan is relevant and otherwise admissible under the rules of evidence set forth in article 4 of chapter 60 of the Kansas Statutes Annotated and amendments thereto. The provisions of this paragraph shall expire on July 1 2016 unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45 229 and amendments thereto prior to July 1 2016. e Except as otherwise specifically provided in subsection a of K.S.A. 2012 Supp. 21 5812 and amendments thereto and K.S.A. 44 5125 and amendments thereto a fraudulent insurance act shall constitute a severity level 6 nonperson felony if the amount involved is 25000 or more a severity level 7 nonperson felony if the amount is at least 5000 but less than 25000 a severity level 8 nonperson felony if the amount is at least 1000 but less than 5000 and a class C nonperson misdemeanor if the amount is less than 1000. Any combination of fraudulent acts as defined in subsection a which occur in a period of six consecutive months which involves 25000 or more shall have a presumptive sentence of imprisonment regardless of its location on the sentencing grid block. f In addition to any other penalty a person who violates this statute shall be ordered to make restitution to the insurer or any other person or entity for any financial loss sustained as a result of such violation. An insurer shall not be required to provide coverage or pay any claim involving a fraudulent insurance act. g This act shall apply to all insurance applications ratings claims and other benefits made pursuant to any insurance policy. APPLICABLE IN KENTUCKY KENTUCKY FRAUD STATEMENT Any person who knowingly presents a fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. 20f4 11 3005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN LOUISIANA LOUISIANA FRAUD STATEMENT Any person who knowingly presents a fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. APPLICABLE IN MAINE MAINE FRAUD STATEMENT It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines and denial of insurance benefits. APPLICABLE IN NEW JERSEY NEW JERSEY FRAUD STATEMENT Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicant s Signature Date APPLICABLE IN NEW MEXICO NEW MEXICO FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. APPLICABLE IN NEW YORK NEW YORK FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. Applicant s Signature Date APPLICABLE IN OKLAHOMA OKLAHOMA FRAUD STATEMENT Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. 3of4 11 3005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN PENNSYLVANIA PENNSYLVANIA FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is crime and subjects such person to criminal and civil penalties. APPLICABLE IN VIRGNIA VIRGNIA FRAUD STATEMENT It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance. 40f4 11 3005 MS 08 13 | 2 |
HDI GLOBAL INSURANCE COMPANY AN ILLINOIS CORPORATION 161 NORTH CLARK STREET 48 Floor CHICAGO IL 60601 312 580 1900 COMMERCIAL LINES POLICY FOR LEISTRITZ ADVANCED TECHNOLOGIES CORP. GLD1070908 January 012016 to January 012017 Underwriting Team VINCENT PORTER Underwriter NICOLETTE REDMOND Underwriting Assistant Jim Clark Casualty Underwriting Manager IL SU 4003 Ed. 08 11 Page 1 of 2 | 2 |
POLICY JACKET DECLARATIONS PAGE FORMS AND ENDORSEMENTS COMPLETE THIS POLICY In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. oH o President CEO Dr. Lothar Becker DPe A Corporate Secretary David Neumeister IL SU 4003 Ed. 08 11 Page 2 of 2 | 2 |
Policy Number GLD1070908 COMMON POLICY DECLARATIONS RENEWAL OF GLD 1070907 HDI Global Insurance Company 161 North Clark Street 48th Floor Chicago IL 60601 Item 1. Named Insured and Mailing Address Agent Name and Address LEISTRITZ ADVANCED LOCKION COMPANIES LLC TECHNOLOGIES CORP. 444 W. 47TH STREET 169 MEISTER AVENUE SUITE 900 SOMERVILLE NJ 08876 KANSAS CITY MO 64112 1906 AgentNo. P02079004 Item3. Business Description Form of Business CORPORATION Item4. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part 97130.00 Crime and Fidelity Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto Business or Truckers Coverage Part NOT COVERED Commercial Garage Auto Dealers Coverage Part NOT COVERED TAX OR SURCHARGE S 680.00 Total Policy Premium 97810.00 Item 5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Countersigned M Date 04212016 ulhonzed Representative THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. CO DEC 0701 COMMON POLICY DECLARATIONS HDI Global Insurance Comp 161 North Clark Street 48th Floor Chicago IL 11070908 RENEWAL OF GLD 1070907 nan nan nan nan 6.0 | 2 |
Policy Number GLD1070908 SCHEDULE OF FORMS AND ENDORSEMENTS HDI Global Insurance Company Named Insured LEISTRITZ ADVANCED Effective Date 01 01 16 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC AgentNo. 02079004 COMMON POLICY FORMS AND ENDORSEMENTS II 3004 MS 08 11 ANTI FRAUD LETTER II 3005 MS 08 13 STATE FRAUD STATEMENTS IL SU 4003 08 11 POLICY JACKET CO DEC 07 01 COMMON POLICY DECLARATIONS FORM SCHED 01 97 SCHEDULE OF FORMS AND ENDORSEMENTS IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL AM 4001 10 11 ECONOMIC OR TRADE SANCTIONS IL SU 4004 10 10 NOTICE OF CANCELLATION AMENDMENT INSTALL FORM 01 02 INSTALLMENT SCHEDULE TAX FORM 01 97 SCHEDULE OF TAXES SURCHARGES OR FEES IL 01 41 09 08 NEW JERSEY CHANGES CIVIL UNION IL 02 08 09 07 NJ CHANGES CANC NONRENL GENERAL LIABILITY FORMS AND ENDORSEMENTS 12 01 COMM GENERAL LIABILITY COVERAGE SUPP DEC 01 97 COMM GENERAL LIABILITY COVERAGE SCHEDULE 04 13 COMMERCIAL GENERAL LIABILITY COV FORM 12 07 BODILY INJURY DEFINITION AMENDMENT 12 07 CONFORMITY WITH STATUTE 12 07 KNOW OFF OCCR CLAIM SUIT AMNDUNINT FAIL 12 07 ABSOLUTE ASBESTOS EXCLUSION 12 07 AIR PROD AIR GROUND HAZARDS EX 12 07 ABSOLUTE LEAD EXCLUSION 05 13 NJ CHNGS TERMINATION PROVISION DRIVER ED 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE 04 13 PRIMARY AND NONCONTRIBUTORY OTHER INSD 04 13 ADDL INSD OWNERS LESSEES CONTRACTORS 04 13 ADDL INSD MANAGERS LESSORS OF PREMISES 04 13 ADDL INSD VENDORS 04 13 ADDL INSD MORTGAGEE ASSIGNEE OR RECEIVER 04 13 ADDL INSD DESIGNATED PERSON ORGANIZATION 04 13 ADDL INSD OWNERS LESSEES CONTR COMP OPS 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO 04 13 EXCL DESIGNATED PROFESSIONAL SERVICES 11 85 EXCL INTERCOMPANY PRODUCTS SUITS 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION 09 99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE 12 04 FUNGI OR BACTERIA EXCLUSION 01 15 EXCL CERTIF ACTS OF TERR OTHR ACT 0O S 03 05 SILICA OR SILICA RELATED DUST EXCLUSION 04 13 EXCL ENGINEERS ARCH OR SURV PROF LIAB 05 09 WAIVER OF TRANSFER RIGHTS OF RECOVERY 07 98 EXCESS PROVISION VENDORS 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION 10 93 NJ CHANGES LOSS INFORMATION z 01 10 10 10 10 10 10 37 35 01 10 11 15 18 26 37 06 16 41 47 55 67 75 96 43 04 10 26 20 FORM SCHED 0197 SCHEDULE OF FORMS AND ENDORSEMENTS HDI Global Insurance Company GLD1070908 E OF FORMS AND ENDORSEMENTS 1l Insurance Company Effective Date 01 01 16 1201 A.M. Standard Time OMMUN FOLLILY FPOURMS AND BNDURoOEMENLOS I 3004 Ms 08 11 ANTI FRAUD LETTER I 3005 Ms 08 13 STATE FRAUD STATEMENTS L SU 4003 08 11 POLICY JACKET O DEC 07 01 COMMON POLICY DECLARATIONS ORM SCHED 01 97 SCHEDULE OF FORMS AND ENDORSEMENTS L 00 17 11 98 COMMON POLICY CONDITIONS L 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT L AM 4001 10 11 ECONOMIC OR TRADE SANCTIONS L SU 4004 10 10 NOTICE OF CANCELLATION AMENDMENT NSTALL FORM 01 02 INSTALLMENT SCHEDULE AX FORM 01 97 SCHEDULE OF TAXES SURCHARGES OR FEES L 01 41 09 08 NEW JERSEY CHANGES CIVIL UNION L 02 08 09 07 NJ CHANGES CANC NONRENL ENERAL LIABILITY FORMS AND ENDORSEMENTS L DEC 12 01 COMM GENERAL LIABILITY COVERAGE SUPP DEC L SCHED 01 97 COMM GENERAL LIABILITY COVERAGE SCHEDULE G 00 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM G AM 1001 12 07 BODILY INJURY DEFINITION AMENDMENT G AM 1003 12 07 CONFORMITY WITH STATUTE G AM 1017 12 07 KNOW OFF OCCR CLAIM SUIT AMNDUNINT FAIL G EX 1000 12 07 ABSOLUTE ASBESTOS EXCLUSION G EX 1003 12 07 AIR PROD AIR GROUND HAZARDS EX G EX 1001 NJ 12 07 ABSOLUTE LEAD EXCLUSION G 02 37 05 13 NJ CHNGS TERMINATION PROVISION DRIVER ED G 04 35 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE G 20 01 04 13 PRIMARY AND NONCONTRIBUTORY OTHER INSD G 20 10 04 13 ADDL INSD OWNERS LESSEES CONTRACTORS G 20 11 04 13 ADDL INSD MANAGERS LESSORS OF PREMISES G 20 15 04 13 ADDL INSD VENDORS G 20 18 04 13 ADDL INSD MORTGAGEE ASSIGNEE OR RECEIVER G 20 26 04 13 ADDL INSD DESIGNATED PERSON ORGANIZATION G 20 37 04 13 ADDL INSD OWNERS LESSEES CONTR COMP OPS G 21 06 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO G 21 16 04 13 EXCL DESIGNATED PROFESSIONAL SERVICES G 21 41 11 85 EXCL INTERCOMPANY PRODUCTS SUITS G 21 47 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION G 21 55 09 99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE G 21 67 12 04 FUNGI OR BACTERIA EXCLUSION G 21 75 01 15 EXCL CERTIF ACTS OF TERR OTHR ACT O S G 21 96 03 05 SILICA OR SILICA RELATED DUST EXCLUSION G 22 43 04 13 EXCL ENGINEERS ARCH OR SURV PROF LIAB G 24 04 05 09 WAIVER OF TRANSFER RIGHTS OF RECOVERY G 24 10 07 98 EXCESS PROVISION VENDORS G 24 26 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION G 26 20 10 93 NJ CHANGES LOSS INFORMATION ORM | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancella tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 10f 1 o IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association 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 Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. IL 00 21 09 08 ISO Properties Inc. 2007 Page 10f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL AM 4001 10 11 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS In accordance with the laws regulations or resolutions of the United Nations the European Union any of its member states or the United States concerning economic and trade embargoes this policy is void from its inception with respect to any term or condition of this policy that violates any such laws regulations or resolution. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL AM 4001 10 11 | 2 |
IL SU 4004 10 10 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name Address and E Mail Address of Other Persons Organizations AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Number of Days Notice 30 If no entry appears above the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 1. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium we shall endeavor to mail e mail or deliver a copy of such written notice of cancellation to the persons or organizations shown in the Schedule above. IL. A copy of the notice per paragraph I. above will be mailed e mailed or delivered 1. To the appropriate addresses corresponding to the persons or organizations shown in the Schedule above and 2. The number of days required for notice of cancellation as provided in paragraph A.2. of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. IIL Our failure to provide such advance notification to the persons or organizations shown in the Schedule of this endorsement will not extend any policy cancellation date nor negate any cancellation of the policy. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL SU 4004 10 10 | 2 |
Policy Number GLD1070908 INSTALLMENT SCHEDULE HDI Global Insurance Company Named Insured LEISTRITZ ADVANCED Effective Date 01 01 16 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC AgentNo. P02079004 IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL DEPOSIT 01012016 97130.00 680.00 97810.00 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. INSTALL FORM 0102 GLD1070908 INSTALLMENT SCHEDULE HDI Global Insurance Company amed Insured LEISTRITZ ADVANCED Effective Date 01 01 16 1201 A.M. Standard Time PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL EPOSIT 01012016 97130.00 680.00 97810.00 PREMIUM 97130.00 SURCHARGE 680.00 | 2 |
Policy Number GLD1070908 SCHEDULE OF TAXES SURCHARGES OR FEES HDI Global Insurance Company Named Insured LEISTRITZ ADVANCED Effective Date 01 01 16 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 02079004 CO DEC cont. TAXES SURCHARGES DETAILED BREAKDOWN NJ PLIGA SURCHARGE TOTAL TAXES SURCHARGES TAX FORM 0197 SCHEDULE OF TAXES SURCHARGES OR HDI Global Insurance Comp nan nan nan nan 11070908.0 TAXES SURCHARGES DETAILED BREAKDOWN NJ PLIGA SURCHARGE 680.00 TOTAL TAXES SURCHARGES 680.00 | 2 |
IL 01 4109 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The term spouse is replaced by the following Spouse or party to a civil union recognized under New Jersey law.. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or civil union recognized under New Jersey law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under New Jersey law who is a resident of the individual s household including a ward or fos ter child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the follow ing Family member means a person related to you by blood adoption marriage or civil union recog nized under New Jersey law who is a resident of your household including a ward or foster child. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the follow ing Family member means a person related to you by blood adoption marriage or civil union recog nized under New Jersey law who is a resident of your household including a ward or foster child. Insurance Services Office Inc. 2008 IL 01 41 09 08 Page 1of 1 | 2 |
IL 02 08 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Pursuant to New Jersey law this policy can not be cancelled or nonrenewed for any underwriting rea son or guideline which is arbitrary capricious or unfairly discriminatory or without adequate prior notice to the insured. The underwriting reasons or guidelines that an insurer can use to cancel or nonrenew this policy are maintained by the insurer in writing and will be furnished to the insured andor the insured s lawful representative upon written request. This provision shall not apply to any policy which has been in effect for less than 60 days at the time notice of cancellation is mailed or delivered unless the policy is a renewal policy. B. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. If this policy has been in effect for less than 60 days we may cancel this policy for any reason subject to the following a. We may cancel this policy by mailing or delivering to the first Named Insured and any person entitled to notice under this pol icy written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for a Nonpayment of premium or b Existence of a moral hazard as defined in N.J.A.C. 111 20.2f as fol lows i The risk danger or probability that the insured will destroy or permit to be destroyed the in sured property for the purpose of collecting the insurance pro ceeds. Any change in the circum stances of an insured that will in crease the probability of such a destruction may be considered a moral hazard and i The substantial risk danger or probability that the character cir cumstances or personal habits of the insured may increase the pos sibility of loss or liability for which an insurer will be held responsi ble. Any change in the character or circumstances of an individual corporate partnership or other insured that will increase the probability of such a loss or liabil ity may be considered a moral hazard. IL 02 08 09 07 ISO Properties Inc. 2006 Page 10f3 m | 2 |
b. 2 30 days before the effective date of cancellation if we cancel for any other reason. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. C. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 Existence of a moral hazard as defined in N.J.A.C. 111 20.2f 3 Material misrepresentation or nondisclo sure to us of a material fact at the time of acceptance of the risk 4 Increased hazard or material change in the risk assumed which we could not have reasonably contemplated at the time of assumption of the risk 5 Substantial breaches of contractual duties conditions or warranties that ma terially affect the nature andor insurabil ity of the risk 6 Lack of cooperation from the insured on loss control matters materially affecting insurability of the risk 7 Fraudulent acts against us by the in sured or its representative that materially affect the nature of the risk insured 8 Loss of or reduction in available insur ance capacity Material increase in exposure arising out of changes in statutory or case law sub sequent to the issuance of the insurance contract or any subsequent renewal 9 10 Loss of or substantial changes in appli cable reinsurance 11 Failure by the insured to comply with any Federal State or local fire health safety or building or construction regula tion law or ordinance with respect to an insured risk which substantially in creases any hazard insured against within 60 days of written notification of a violation of any such law regulation or ordinance 12 Failure by the insured to provide rea sonable and necessary underwriting in formation to us upon written request therefore and a reasonable opportunity to respond. 13 Agency termination provided a We document that replacement cov erage at comparable rates and terms has been provided to the first Named Insured and we have informed the first Named Insured in writing of the right to continue coverage with us or b We have informed the first Named Insured in writing of the right to continue coverage with us and the first Named Insured has agreed in writing to the cancellation or nonre newal based on the termination of the first Named Insured s appointed agent. 14 Any other reasons in accordance with our underwriting guidelines for cancella tion of commercial lines coverage. b. If we cancel this policy based on Paragraph 7.a.1 or 2 above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy at least 10 days before the effective date of cancellation. If we cancel this policy for any other reason listed above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy not more than 120 days nor less than 30 days before the effec tive date of such cancellation.. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. For cancellation due to the nonpayment of premium the no tice will state the effect of nonpayment by the due date. Cancellation for nonpayment of premium will not be effective if payment of the amount due is made before the effec tive date set forth in the notice. d. Notice will be sent to the last mailing ad dresses known to us by 1 Certified mail or 2 First class mail if we have obtained from the post office a date stamped proof of mailing showing names and addresses. Page 2 0f 3 ISO Properties Inc. 2006 IL 02 08 09 07 o | 2 |
e. We need not send notice of cancellation if you have 1 Replaced coverage elsewhere or 2 Specifically requested termination. D. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. We may elect not to renew this policy for any reason permitted to cancel it. If we elect not to renew this policy we will mail a notice of non renewal stating the reasons for nonrenewal to the first Named Insured at least 30 days but not more than 120 days before the expiration date of this policy. If this policy does not have a fixed expiration date it shall be deemed to ex pire annually on the anniversary of its incep tion. 2. This notice will be sent to the first Named In sured at the last mailing address known to us by a. Certified mail or b. First class malil if we have obtained from the post office a date stamped proof of mail ing showing the first Named Insured s name and address. 3. We need not mail or deliver this notice if you have a. Replaced coverage elsewhere or b. Specifically requested termination. IL 02 08 09 07 ISO Properties Inc. 2006 Page 30f 3 m | 2 |
Policy Number GLD1070908 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS HDI Global Insurance Company Named Insured LEISTRITZ ADVANCED Effective Date 01 01 2016 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC AgentNo. p02079004 Item 1. Business Description Coverage Limit of Liability Aggregate Limits of Liability Products Completed 1000000 Operations Aggregate General Aggregate other than 2000000 Products Completed Operations Coverage A Bodily Injury and any one occurrence subject to Property Damage Liability the Products Completed Operations and General 1000000 Aggregate Limits of Liability any one premises subject to the Damage To Premises Coverage A occurrence and the Rented To You General Aggregate Limits of 100000 Liability Coverage B Personal and any one person or organization Advertising Injury subject to the General Aggregate Liability 1000000 Limits of Liability Coverage C Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of Liability Item 3. Retroactive Date This Insurance does not apply to bodily injury property damage or personal and advertising injury which occurs before the Retroactive Date if any shown here Enter Date or None if no Retroactive Date applies Forms of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 97130.00 Other Premium Total Premium 97130.00 COMMERCIAL GENERAL LIABILITY COVER SUPPLEMENTAL DECLARATIONS HDI Global Insurance Comp e 1070908 RT 1000000 1000000 Damage To Premises Rented To You 1000000 e THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. GL DEC 1201 | 2 |
Policy Number GLD1070908 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company Named Insured LEISTRITZ ADVANCED Effective Date 01 01 16 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. P02079004 Item 5. Location of Premises Location of All Premises You Own Rent or Occupy See Schedule of Locations ode No. Premium Basis.. 92100 Premises Operations Location ALL Exposure 48 Rate Premium lassification mployee Benefits 120.00 Products Completed Operations Rate Premium Code No. Premium Basis.. 56652 Gross Sales Premises Operations Location 001001 Exposure 17500000 Rate Premium lassification IMACHINERY OR MACHINERY PARTS MFG. 1602 s 28035. Products Completed Operations Rate Premium 1365. Code No. Premium Basis.. 56652 Gross Sales Premises Operations Location 001001 Exposure 33000000 Rate Premium lassification IMACHINERY OR MACHINERY PARTS MFG. 1.602 s 52866. Products Completed Operations Rate Premium 2607. Square Feet Premises Operations Location 001001 Exposure 696000 Rate Premium lassification 9.407 s 6547. AREHOUSES OCCUPIED BY MULTIPLE INTERESTS LESSOR S RISK ONLY PRODUCTSCOMPLETED OPERATIONS ARE ISUBJECT TO THE GENERAL AGGREGATE LIMIT Products Completed Operations Rate Premium INCL GL SCHED 0197 GLD1070908 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company clhiective Lale. vl ullb 1201 A.M. Standard Time ployee Benerllts CHINERY OR MACHINERY PARTS MFG. IDUSTRIAL TYPE CHINERY OR MACHINERY PARTS MFG. IDUSTRIAL TYPE REHOUSES OCCUPIED BY MULTIPLE ITERESTS LESSOR S RISK ONLY RODUCTS COMPLETED OPERATIONS ARE BJECT TO THE GENERAL AGGREGATE LIMIT | 2 |
Policy Number GLD1070908 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company Named Insured LEISTRITZ ADVANCED Effective Date 01 01 16 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. P02079004 Item 5. Location of Premises Premises Operations Location 001001 Exposure 376000 Rate Premium lassification IMACHINERY OR EQUIPMENT INDUSTRIAL 14.600 s 5490.00 INSTALLATION SERVICING OR REPAIR Products Completed Operations Rate Premium 100.00 Code No. Premium Basis Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium Code No. Premium Basis Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium GL SCHED 0197 GLD1070908 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company clhiective Lale. vl ullb 1201 A.M. Standard Time CHINERY OR EQUIPMENT INDUSTRIAL ISTALLATION SERVICING OR REPATR | 2 |
THIS POLICY CONTAINS AGGREGATE LIMITS REFER TO SECTION Il LIMITS OF INSURANCE FOR DETAILS. COMMERCIAL GENERAL LIABILITY CG00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or Bor medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and lization qualifying as a Named y. The words we us and providing this insurance. S any person or organization r Section Il Who Is An es that appear in quotation ning. Refer to Section V S INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1aaes. However. we will have 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injuryto 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire i b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or usion does not apply to ded in the products ard. ur product arising out ur work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or Bor medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertising injury to which this Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution publishing or Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 4 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. 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.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and roanartad Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above conditons are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. lit and the information rence are such that no etween the interests of sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Iil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damageto any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 2. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. vio WU IpIeeV Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented y you with he last preceding periud for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. Premium shown 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.. Hostile fire However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. WY deeiylivid b e lamed Insured this vere the only Named gainst whom claim is Against Others To yver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in e CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
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