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NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FOR ILLNESS OR CONDITION CAUSED BY EXPOSURE TO SILICA OR FIBER EAXCLUSI DBY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to loss damage injury costs expenses or penalties directly or indirectly caused by arising from or relating to any personal injury bodily injury sickness disease occupational disease death shock fright mental anguish mental injury or property damage at any time directly orindirectly related to exposure to any type of dust or other minute solid particle referred to or classified as silica or fiber specifically including but not limited to any illness or condition diagnosed as Silicosis miner s lung potter s rot or any other illness or condition. Fiber means strands of sand or glass when sand or glass are utilized to form cables boards insulation or other building or manufacturing materials. SILICA GL TX Ed. 62004 Page1of 1 | 2 |
NartIonaL AMERICAN M INSURANCEZZ Company CYBER SUITE COVERAGE SUPPLEMENTAL DECLARATIONS A CAPITAL STOCK COMPANY POLICY NUMBER RENEWAL OF NUMBER 1010 MANVEL AVENUE CHANDLER OKLAHOMA 74834 GL19750142 GL19750042 Telephone 1 800 822 7802 NAMED INSURED WINDSOR IRON AND METAL LLC PO BOX E ATHENS TX 75751 1080 CYBER SUITE AGGREGATE LIMIT CYBER SUITE DEDUCTIBLE YOUR AGENT IBTX RISK SERVICES ACRISURE LLC DBA 10101 REUNION PL STE 100 SAN ANTONIO TX 78216 4165 100000 Annual Aggregate Limit 1000 Per Occurrence CYBER SUITE DEDUCTIBLE SUBLIMITS DATA COMPROMISE RESPONSE EXPENSES 15 t Party Named Malware 50000 Forensic IT Review 50000 Legal Review 50000 Public Relations Services 5000 Regulatory Fines and Penalties 50000 PCI Fines and Penalties 50000 Per Occurrence re COMPUTER ATTACK and CYBER EXTORTION Loss of Business 50000 Public Relations 5000 Cyber Extortion 10000 Per Occurrence DATA COMPROMISE LIABILITY 3rd Party Named Malware 50000 Any one Personal Data Compromise NACS DC 1217 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY. TEXAS CHANGES AMENDATORY ENDORSEMENT This endorsement modifies the insurance provided under the following CYBER SUITE Coverage A. A.COVERAGE 1. Data Compromise Response Expenses paragraph a.4 is deleted and replaced with the following 4 Such personal data compromise is reported to us within 90 days after the date it is first discovered by you. A. COVERAGE 2. Computer Attack and Cyber Extortion paragraphs a.4 and c.3 are deleted and replaced with the following a.4 Such computer attack is reported to us as soon as practicable but in no event more than 90 days after the date it is first discovered by you. c.3 Such cyber extortion threat is reported to us as soon as practicable but in no event more than 90 days after the date it is first made against you.. A. COVERAGE 3. Data Compromise Liability paragraph a.3 is deleted and replaced with the following 3 Such claim is reported to us as soon as practicable but in no event more than 90 days after the date it is first received by you.. A. COVERAGE 4. Network Security Liability paragraph a.2 is deleted and replaced with the following 2 Such claim is reported to us as soon as practicable but in no event more than 90 days after the date it is first received by you. A. COVERAGE 5. Electronic Media Liability paragraph a.2 is deleted and replaced with the following 2 Such claim is reported to us as soon as practicable but in no event more than 90 days after the date it is first received by you. B. EXCLUSIONS paragraph 9. is deleted and replaced with the following 9. Your reckless disregard for security of your computer system or data including confidential or sensitive information of others in your care custody or control.. The following is added to E. ADDITIONAL CONDITIONS 2. Defense And Settlement We will notify you in writing of any offer not later than the 10 day after the date the initial offer to settle a claim against you is received. We will notify you in writng of any settlement not later than the 30 day after the date a claim against you is settled. E. ADDITIONAL CONDITIONS 4. Duties in the Event of a Claim Regulatory Proceeding or Loss CS TX04 18 2016 Includes copyrighted material of The Hartford Steam Boiler Inspection and Page 1 of 3 Insurance Company and Insurance Services Office Inc. with its permission | 2 |
paragraphs b.2 and c.2 are deleted and replaced with the following b.2 Provide us with written notice as soon as practicable but in no event more than 90 days after the date the claim or regulatory proceeding is first received by you c.2 Notify us as soon as possible but in no event more than 90 days after the personal data compromise computer attack or cyber extortion threat. Include a description of any property involved.. E. ADDITIONAL CONDITIONS 5. Extended Reporting Periods paragraph b.2 is deleted and replaced with the following 2 Upon payment of an additional premium set forth below a Supplemental Extended Reporting Period of either 1 year or unlimited durationimmediately following the effective date of temination of coverage in which to give to us written notice of a claim or regulatory proceedingduring which you may first re ceive notice of a claim or regulatory proceedingarising directly from a wrongful act occurring before the end of the policy period and which is otherwise insured by this Cyber Coverage. To obtain the Supplemental Extended Reporting Period you must request it in writing and pay the addi tional premium due within 30 days of the effective date of termination of coverage. The additional pre mium for the Supplemental Extended Reporting Period shall be fully earned at the inception of the Sup plemental Extended Reporting Period. If we do not receive the written request as required you may not exercise this right at a later date. The additional premium for a 1 year Supplemental Extended Reporting Period will be 100 of the full annual premium applicable to this Cyber Coverage. The additional premium for a Supplemental Extended Reporting Period of unlimited duration will be 500 of the full annual premium applicable to this Cyber Coverage. This insurance provided during the Supplemental Extended Reporting Period is excess over any other valid and collectible insurance that begins or continues in effect after the Supplemental Extended Reporting Period becomes effective whether the other insurance applies on a primary excess contingent or any other basis. J. E. ADDITIONAL CONDITIONS 7. Legal Action Against Us paragraph b. is deleted and replaced with the following b. The action is brought within two years and one day after the date the action first accrues. K. The following is added to E. ADDITIONAL CONDITIONS Prompt Payment of Claims a. Receipt of Notice of Claim 1 Not later than the 15th day after the date we receive notice of a claim we will a acknowledge receipt of the claim b commence any investigation of the claim and 2 request from you all items statements and forms that we reasonably believe at that time will be required from you. 3 We may make additional requests for information if during the investigation of the claim the addi tional requests are necessary. 4 If the acknowledgment of receipt of a claim is not made in writing we will make a record of the date manner and content of the acknowledgment. b. Notice of Acceptance or Rejection of Claim 1 Except as provided by Subsection3 we will notify you in writing of the acceptance or rejection of a claim not later than the 15th business day after the date we receive all items statements and forms required by us to secure final proof of loss. CS TX04 18 2016 Includes copyrighted material of The Hartford Steam Boiler Inspection and Page 2 of 3 Insurance Company and Insurance Services Office Inc. with its permission | 2 |
2 If we reject the claim the notice required by Subsection 1 must state the reasons for the rejection. 3 If we are unable to accept or reject the claim within the period specified by Subsection 1 we with in that same period will notify you of the reasons that we need additional time. We will accept or re ject the claim not later than the 45th day after the date we notify you under this subsection. c. Payment of Claim 1 Except as otherwise provided by this section if we notify you under Subsection b. that we will pay a claim or part of a claim we will pay the claim not later than the fifth business day after the date no tice is made. 2 If payment of the claim or part ofthe claim is conditioned on the performance of an act by you we will pay the claim not later than the fifth business day after the date the act is performed. d. Delay in Payment of Claim 1 Except as otherwise provided if we after receiving all items statements and forms reasonably re quested and required under Subsection a. delay payment of the claim for a period exceeding the period specified by applicable statutes or if other statutes do not specify a period for more than 60 days we will pay damages and other items as provided by Texas Insurance Code Section 542.060. 2 Subsection 1 does not apply in a case in which it is found as a result of arbitration or litigation that a claim received by us is invalid and should not be paid by us. L. The following is added to F. DEFINITIONS Reckless Disregard means that a. The action or procedure is deliberate and b. The action or procedure entails either a certainty or a high probability of causing or allowing a loss or claim. CS TX04 18 2016 Includes copyrighted material of The Hartford Steam Boiler Inspection and Page 3 of 3 Insurance Company and Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBER SUITE COVERAGE ENDORSEMENT Throughout this Coverage Endorsement hereinafter referred to as Cyber Coverage the words you and your refer to the Named Insureds shown in the Cyber Suite Supplemental Declarations of this Cyber Coverage and any other persons or organizations qualifying as a Named Insured under this Cyber Coverage. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotations have special meaning. Refer to DEFINITIONS. The terms and conditions of the Cancellation Clause of the Common Policy Conditions and any amendment to such terms incorporated by endorsement are hereby incorporated herein and shall apply to coverage as is afforded by this Cyber Coverage unless specifically stated otherwise in an endorsements attached hereto. A. COVERAGE This section lists the coverages that apply if indicated in the Cyber Suite Supplemental Declarations. 1. DataCompromise Response Expenses a. Data Compromise Response Expenses applies only if all of the following conditions are met 1 There has been a personal data compromise and 2 Such personal data compromisetook place in the coverage territory and 3 Such personal data compromise is first discovered by you during the policy period and 4 Such personal data compromise is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you. b. If the conditions listed in a. above have been met then we will provide coverage forthe following expenses when they arise directly from such personal data compromise and are necessary and reasonable. ltems 4 and 5 below apply only if there has been a notification of the personal data compromise to affected individuals as covered under item 3 below. 1 Forensic IT Review We will pay for a professional information technologies review if needed to determine within the constraints of what is possible and reasonable the nature and extent of the personal data compromise and the number and identities of the affected individuals. This does not include costs to analyze research or determine any of the following a Vulnerabilities in systems procedures or physical security b Compliance with Payment Card Industry or other industry security standards or c The nature or extent of loss or damage to data that is not personally identifying information or personally sensitive information. If there is reasonable cause to suspect that a covered personal data compromise may have occurred we will pay for costs covered under Forensic IT Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data compromise we will not pay forany further costs. Legal Review We will pay for a professionallegal counsel review of the personal data compromise and how you should best respond to it. If there is reasonable cause to suspect that a covered personal data compromise may have occurred we will pay for costs covered under Legal Review even if it is eventually determined that there was no covered personal data compromise. However once it is determined that there was no covered personal data 2 CS 0004 18 2017. The Hartford Steam Boiler Inspection andInsurance Company. All rights reserved. Page 1 of 14 Includes copyrighted material ofInsurance Services Office Inc. with its permission. | 2 |
3 4 5 CS 0004 18 compromise we will not pay for any further costs. Notificationto Affected Individuals We will pay your necessary and reasonable costs to provide notification of the personal data compromise to affected individuals. Services to Affected Individuals We will pay your necessary and reasonable costs to provide the following services to affected individuals. Services c and d below apply only to affected individuals from personal data compromise events involving personally identifying information. a InformationalMaterials A packet of loss prevention and customer support information. b Help Line A toll free telephone line for affected individuals with questions about the personal data compromise. Where applicable the line can also be used to request additional services as listed in c and d below. Credit Report and Monitoring A credit report and an electronic service automatically monitoring for activities affecting an individual s credit records. This service is subject to the affected individual enrolling for this service with the designated service provider. Identity Restoration Case Management As respects any affected individual who is or appears to be a victim of identity theft that may reasonably have arisen from the personal data compromise the services of an identity restoration professional who will assist that affected individual through the process of correcting credit and other records and within the constraints of what is possible and reasonable restoring control over his or her personal identity. PublicRelations We will pay for a professional public relations firm review of and response to the potential impact of the personal data compromise on your c d business relationships. This includes necessary and reasonable costs to implement public relations recommendations of such firm. This may include advertising and special promotions designed to retain your relationship with affected individuals. However we will not pay for a Promotions provided to any of your directors or employees or b Promotion costs exceeding 25 per affected individual. Regulatory Fines and Penalties We will pay for any fine or penalty imposed by law to the extent such fine or penalty is legally insurable under the law of the applicable jurisdiction. PCIFines and Penalties We will pay for any Payment Card Industry fine or penalty imposed under a contract to which you are a party. PCI Fines and Penalties do not include any increased transaction costs. 6 7 2. Computer Attack and Cyber Extortion a. Computer Attack applies only if all of the following conditions are met 1 There has been a computer attack and 2 Such computer attack occurred in the coverage territory and 3 Such computer attack is first discovered by you during the policy period and Such computer attack is reported to us as soon as practicable but in no event more than 60 days after the date it is first discovered by you. If the conditions listed in a. above have been met then we will provide you the following coverages for loss directly arising from such computer attack. 1 DataRestoration We will pay your necessary and reasonable data restoration costs. 2 DataRe creation We will pay your necessary and reasonable data re creation costs. 3 System Restoration We will pay your necessary and reasonable system restoration costs. 4 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 2 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CS 0004 18 4 Loss of Business We will pay your actual business income and extra expense loss. PublicRelations If you suffer a covered business income and extra expense loss we will pay for the services of a professional public relations firm to assist you in communicating your response to the computer attack to the media the public and your customers clients or members. Cyber Extortion applies only if all of the following conditions are met 1 There has been a cyber extortion threat and 2 Such cyber extortion threat is first made against you during the policy period and 3 Such cyber extortion threat is reported to us as soon as practicable but in no event more than 60 days after the date it is first made against you. If the conditions listed in c. above have been met then we will pay for your necessary and reasonable cyber extortion expenses arising directly from such cyber extortion threat. The payment of cyber extortion expenses must be approved in advance by us. We will not pay for cyber extortion expenses that have not been approved in advance by us. We will not unreasonably withhold our approval. You must make every reasonable effort not to divulge the existence of this Cyber Extortion coverage. 5 3. DataCompromise Liability a. Data Compromise Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of one of the following a A claimbrought by or on behalf of one or more affected individuals or b A regulatory proceeding brought by a governmental entity. 2 Such claim or regulatory proceeding must arise from a personal data compromisethat a Took place during the coverage term b Took place in the coverage territory and c Was submitted to us and insured under Data Compromise Response Expenses. 3 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered 1 Loss directly arising from the claim or 2 Defense costs directly arising from a regulatory proceeding. c. Allclaims and regulatory proceedings arising from a single personal data compromise or interrelated personal data compromises will be deemed to have been made at the time that notice of the first of those claims or regulatory proceedings is received by you. 4. Network Security Liability a. Network Security Liability applies only if all of the following conditions are met 1 During the policy period or any applicable Extended Reporting Period you first receive notice of a claim which arises from a network security incident that a Took place during the coverage term and b Took place in the coverage territory and 2 Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered loss directly arising fromthe claim. c. All claims arising from a single network security incident or interrelated network security incidents will be deemed to have been made at the time that notice of the first of those claimsis received by you. 5. Electronic Media Liability a. Electronic Media Liability applies only if all of the following conditions are met 1 During the policy period or any 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 3 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
applicable Extended Reporting Period you first receive notice of a claim which arises from an electronic media incident that a Took place during the coverage term and b Took place in the territory and Such claim is reported to us as soon as practicable but in no event more than 60 days after the date it is first received by you. b. If the conditions listed in a. above have been met then we will pay on your behalf any covered loss directly arising from the claim. c. Allclaims arising from a single electronic media incident or interrelated electronic media incidents will be deemed to have been made at the time that notice of the first of those claimsis received by you. coverage 2 B. EXCLUSIONS The following additional exclusions apply to this coverage We will not pay for costs or loss arising from the following 1. Nuclear reaction or radiation or radioactive contamination however caused. 2. War and military action including any of the following and any consequence of any of the following a. War including undeclared or civil war b. Warlike action by 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 c. Insurrection rebellion revolution usurped power political violence or action taken by governmental authority in hindering or defending against any of these. 3. Failure or interruption of or damage to the internet or an internet service provider. 4. Any attack on incident involving or loss to any computer or system of computers that is nota computer system. 5. Costs to research or correct any deficiency. 6. Any fines or penalties other than those explicitly covered under Data Compromise Response Expenses. 7. Any criminal investigations or proceedings. 8. Your intentional or willful complicity in a covered loss event. 9. Your reckless disregard for the security of your CS 0004 18 10. 1. 12. 13. 14. 15. 16. computer system or data including confidential or sensitive information of others in your care custody or control. Any criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law by you. Any personal data compromise computer attack cyber extortion threat or wrongful act occurring before the coverage term. That part of any claim seeking any non monetary relief. However this exclusion does not apply to defense costs arising from an otherwise insured wrongful act. The propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers in connection with hardware or software created produced or modified by you for sale lease or license to third parties. Any threat extortion or blackmail including but not limited to ransom payments and private security assistance. Extortion as used in this exclusion isall types of extortion except a cyber extortion threat as defined and covered under the Computer Attack and Cyber Extortion coverage in this Cyber Coverage. Any oral or written publication of material if done by you or at your direction with knowledge of its falsity. Property damage or bodily injury other than mental anguish or mental injury alleged in a claim covered under Electronic Media Liability. C. LIMITS OF INSURANCE 1. Aggregate Limits Except for post judgment interest the Cyber Suite Aggregate Limit shown in the Cyber Suite Supplemental Declarations is the most we will pay for all loss under all applicable coverage sections in any one policy period or any applicable Extended Reporting Period. The Cyber Suite Aggregate Limit shown in the Cyber Suite Supplemental Declarations applies regardless of the number of insured events first discovered or claims or regulatory proceedings first received during the policy period or any applicable Extended Reporting Period. Coverage Sublimits a. Data Compromise Sublimits The most we will pay under Data Compromise Response Expenses for Forensic IT Review Legal Review Public Relations Regulatory Fines and Penalties and PCI Fines and Penalties 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 4 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. 10. 1. 12. 13. 14. 15. 16. computer system or data including confidential or sensitive information of others in your care custody or control. Any criminal fraudulent or dishonest act error or omission or any intentional or knowing violation of the law by you. Any personal data compromise computer attack cyber extortion threat or wrongful act occurring before the coverage term. That part of any claim seeking any non monetary relief. However this exclusion does not apply to defense costs arising from an otherwise insured wrongful act. The propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers in connection with hardware or software created produced or modified by you for sale lease or license to third parties. Any threat extortion or blackmail including but not limited to ransom payments and private security assistance. Extortion as used in this exclusion isall types of extortion except a cyber extortion threat as defined and covered under the Computer Attack and Cyber Extortion coverage in this Cyber Coverage. Any oral or written publication of material if done by you or at your direction with knowledge of its falsity. Property damage or bodily injury other than mental anguish or mental injury alleged in a claim covered under Electronic Media Liability. C. LIMITS OF INSURANCE 1. Aggregate Limits Except for post judgment interest the Cyber Suite Aggregate Limit shown in the Cyber Suite Supplemental Declarations is the most we will pay for all loss under all applicable coverage sections in any one policy period or any applicable Extended Reporting Period. The Cyber Suite Aggregate Limit shown in the Cyber Suite Supplemental Declarations applies regardless of the number of insured events first discovered or claims or regulatory proceedings first received during the policy period or any applicable Extended Reporting Period. Coverage Sublimits a. Data Compromise Sublimits The most we will pay under Data Compromise Response Expenses for Forensic IT Review Legal Review Public Relations Regulatory Fines and Penalties and PCI Fines and Penalties | 2 |
CS 0004 18 coverages for loss arising from any one personal data compromise is the applicable sublimit for each of those coverages shown in the Cyber Suite Supplemental Declarations The most we will pay under Response Expenses coverage for loss arising from any malware related compromise is the 1 Party Named Malware sublimit indicated for this Cyber Coverage. For the purpose of the 1 Party Named Malware sublimit all malware related compromises that are caused enabled or abetted by the same virus or other malicious code are considered to be a single personal data compromise. These sublimits are part of and not in addition to the Cyber Suite Aggregate Limit shown in the Cyber Suite Supplemental Declarations. Public Relations coverage is also subject to a limit per affected individual as described in A1.b.5. The most we will pay under Defense and Liability coverage for loss arising from any malware related compromise is the 3 Party Named Malware sublimit indicated for this Cyber Coverage. For the purpose of the 3 Party Named Malware sublimit all malware related compromises that are caused enabled or abetted by the same virus or other malicious code are considered to be a single personal data compromise. This sublimit is part of and not in addition to the limit or limits applicable to the Data Compromise Defense and Liability coverage. Computer Attack and Cyber Extortion Sublimits The most we will pay under Computer Attack for Loss of Business Public Relations and Cyber Extortion Expenses coverages for loss arising from any one computer attack is the applicable sublimit for each of those coverages shown in the Cyber Suite Supplemental Declarations These sublimits are part of and not in addition to the Cyber Suite Aggregate Limit shown in the Cyber Suite Supplemental Declarations 3. Application of Limits a. A computer attack cyber extortion threat personal data compromise may be first discovered by you in one policy period but it may cause insured loss in one or more subsequent policy periods. If so all insured loss arising from such computer attack cyber extortion threat personal data compromise will be subject to the limit of insurance applicable to the policy period when the computer attack cyber extortion threat personal data compromise was first discovered by you. b. You may first receive notice of a claim or regulatory proceeding in one policy period but it may cause insured loss in one or more subsequent policy periods. If so all insured loss arising from such claim or regulatory proceeding will be subject to the limit of insurance applicable to the policy period when notice of the claim or regulatory proceeding was first received by you. c. The limit of insurance for the Extended Reporting Periods if applicable will be part of and not in addition to the limit of insurance for the immediately preceding policy period. d. Coverage for Services to Affected Individuals under Data Compromise Response Expenses is limited to costs to provide such services for a period of up to one year from the date of the notification to the affected individuals. Notwithstanding coverage for Identity Restoration Case Management services initiated within such one year period may continue for a period of up to one year from the date such Identity Restoration Case Management services are initiated. D. DEDUCTIBLES 1. We will not pay for loss until the amount of the insured loss exceeds the deductible amount shown in the Cyber Suite Supplemental Declarations. We will then pay the amount of loss in excess of the applicable deductible amount subject to the applicable limits shown in the Cyber Suite Supplemental Declarations. You will be responsible for the applicable deductible amount. The deductible will apply to all a. Loss arising from the same insured event or interrelated insured events under Data Compromise Response Expenses Computer Attack or Cyber Extortion. b. Loss resulting from the same wrongful act or interrelated wrongful acts insured under Data Compromise Liability Network Security Liability or Electronic Media Liability. In the event that loss is insured under more than one coverage section only the 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 5 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1. CS 0004 18 single highest deductible applies. E. ADDITIONALCONDITIONS The following conditions apply in addition to the Common Policy Conditions Bankruptcy The bankruptcy or insolvency of you or your estate will not relieve you or us of any obligation under this Cyber Coverage. Defense And Settlement a. We shall have the right and the duty to assume the defense of any applicable claim or regulatory proceeding against you. You shall give us such information and cooperation as we may reasonably require. You shall not admit liability for or settle any claim or regulatory proceeding or incur any defense costs without our prior written consent. At the time a claim or regulatory proceeding is first reported to us you may request that we appoint a defense attorney of your choice. We will give full consideration to any such request. If you refuse to consent to any settlement recommended by us and acceptable to the claimant we may then withdraw from your defense by tendering control of the defense to you. From that point forward you shall at your own expense negotiate or defend such claim or regulatory proceeding independently of us. Our liability shall not exceed the amount for which the claim or suit could have been settled if such recommendation was consented to plus defense costs incurred by us and defense costs incurred by you with our written consent prior to the date of such refusal. We will not be obligated to pay any loss or defense costs or to defend or continue to defend any claim or regulatory proceeding after the applicable limit of insurance has been exhausted. We will pay all interest on that amount of any judgment within the applicable limit of insurance which accrues 1 Afterentry of judgment and 2 Before we pay offer to pay or deposit in court that part of the judgment within the applicable limit of insurance or in any case before we pay or offerto pay the entire applicable limit of insurance. These interest payments will be in addition to and not part of the applicable limit of insurance. 3. Due Diligence You agree to use due diligence to prevent and mitigate loss insured under this Cyber Coverage. This includes but is not limited to complying with and requiring your vendors to comply with reasonable and industry accepted protocols for a. Providing and maintaining appropriate physical security for your premises computersystems and hard copy files b. Providing and maintaining appropriate computer and Internet security c. Maintaining and updating at appropriate intervals backups of computer data d. Protecting transactions such as processing credit card debit card and check payments and e. Appropriate disposal of files containing personally identifying information personally sensitive information or third party corporate data including shredding hard copy files and destroying physical media used to store electronic data. Duties in the Event of a Claim Regulatory Proceeding or Loss a. If during the policy period incidents or events occur which you reasonably believe may give rise to a claim or regulatory proceeding for which coverage may be provided hereunder such belief being based upon either written notice from the potential claimant or the potential claimant s representative or notice of a complaint filed with a federal state or local agency or upon an oral claim allegation or threat you shall give written notice to us as soon as practicable and either 1 Anytime during the policy period or 2 Anytime during the extended reporting periods if applicable. b. If a claim or regulatory proceeding is brought against you you must 1 Immediately record the specifics of the claim or regulatory proceeding and the date received 2 Provide us with written notice as soon as practicable but in no event more than 60 days after the date the claim or regulatory proceeding is first received by you Immediately send us copies of any demands notices summonses or legal papers received in connection 3 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 6 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 5 6 7 c. In with the proceeding Authorize us to obtain records and other information Cooperate with us in the investigation settlement or defense of the claim or regulatory proceeding Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss or defense costs to which this insurance may also apply and Not take any action or fail to take any required action that prejudices your rights or our rights with respect to such claim or regulatory proceeding. the event of a personal data claim or regulatory compromise computer attack or cyber extortion threat insured under this Cyber Coverage you must see that the following are done 1 2 3 4 5 CS 0004 18 Notify the police if a law may have been broken. Notify us as soon as practicable but in no event more than 60 days after the personal data compromise computer attack or cyber extortion threat. Include a description of any property involved. As soon as possible give us a description of how when and where the personal data compromise computer attack or cyber extortion threat occurred. As often as may be reasonably required permit us to a Inspect the property proving the personal data compromise computer attack or cyber extortion threat b Examine your books records electronic media and records and hardware c Take samples of damaged and undamaged property for inspection testing and analysis and d Make copies from your books records electronic media and records and hardware. Send us signed sworn proof of loss containing the information we request to investigate the personal data compromise computer attack or cyber extortion threat. You must do this within 60 days after our request. We will supply you with the necessary forms. Cooperate with us in the investigation or settlement of the personal data compromise computer attack or cyber extortion threat. 7 If you intend to continue your business you must resume all or part of your operations as quickly as possible. 8 Make no statement that will assume any obligation or admit any liability for any loss for which we may be liable without our prior written consent. 9 Promptly send us any legal papers or notices received concerning the loss. We may examine you under oath at such times as may be reasonably required about any matter relating to this insurance or the claim regulatory proceeding or loss including your books and records. In the event of an examination your answers must be signed. You may not except at your own cost voluntarily make a payment assume any obligation or incur any expense without our prior written consent. 6 5. Extended Reporting Periods a. You will have the right to the Extended Reporting Periods described in this section in the event of a termination of coverage. If a termination of coverage has occurred you will have the right to the following 1 At no additional premium an Automatic Extended Reporting Period of 30 days immediately following the effective date of the termination of coverage during which you may first receive notice of a claim or regulatory proceeding arising directly from a wrongful act occurring before the end of the policy period and which is otherwise insured by this Cyber Coverage and 2 Upon payment of the additional premium of 100 of the full annual premium associated with the relevant coverage a Supplemental Extended Reporting Period of one 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 7 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
10. CS 0004 18 year immediately following the effective date of the termination of coverage during which you may first receive notice of a claim or regulatory proceeding arising directly from a wrongful act occurring before the end of the policy period and which is otherwise insured by this Cyber Coverage. To obtain the Supplemental Extended Reporting Period you must request it in writing and pay the additional premium due within 30 days after the effective date of termination of coverage. The additional premium for the Supplemental Extended Reporting Period will be fully earned at the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required you may not exercise this right at a later date. This insurance provided during the Supplemental Extended Reporting Period is excess over any other valid and collectible insurance that begins or continues in effect after the Supplemental Extended Reporting Period becomes effective whether the other insurance applies on a primary excess contingent or any other basis. Legal Action Against Us No one may bring a legal action against us under this insurance unless a. There has been full compliance with all of the terms of this insurance and b. The action is brought within two years after the date the loss is first discovered by you or the date on which you first receive notice of a claim or regulatory proceeding. Legal Advice We are not your legal advisor. Our determination of what is or is not insured under this Cyber Coverage does not represent advice or counsel from us about what you should or should not do. OtherInsurance If there is other insurance that applies to the same loss this Cyber Coverage shall apply only as excess insurance after all other applicable insurance has been exhausted. Pre NotificationConsultation You agree to consult with us prior to the issuance of notificationto affected individuals. We assume no responsibility under Data Compromise Response Expenses for any services promised to affected individuals without our prior agreement. If possible this pre notification consultation will also include the designated service providers as agreed to under the Service Providers condition below. You must provide the following at our pre notification consultation with you a. The exact list of affected individuals to be notified including contact information. b. Information about the personal data compromise that may appropriately be communicated with affected individuals. c. The scope of services that you desire for the affected individuals. For example coverage may be structured to provide fewer services in order to make those services available to more affected individuals without exceeding the available Data Compromise Response Expenses limit of insurance. 11. Service Providers a. We will only pay under this Cyber Coverage for services that are provided by service providers approved by us. You must obtain our prior approval for any service provider whose expenses you want covered under this Cyber Coverage. We will not unreasonably withhold such approval. b. Priorto the Pre Notification Consultation described in the Pre Notification Consultation Condition above you must come to agreement with us regarding the service providers to be used for the Notification to Affected Individuals and Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternate service provider our coverage is subject to the following limitations 1 Such alternate service provider must be approved by us 2 Such alternate service provider must provide services that are reasonably equivalent or superior in both kind and quality to the services that would have been provided by the service provider we had suggested and 3 Our payment for services provided by any alternate service provider will not exceed the amount that we would have paid using the service provider we had suggested. 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 8 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CS 0004 18 12. Services The following conditions apply as respects any services provided to you or any affected individual by us our designees or any service firm paid for in whole or in part under this Cyber Coverage a. The effectiveness of such services depends on the cooperation and assistance of you affected individuals. b. All services may not be available or applicable to all individuals. For example affected individuals who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. c. We do not warrant or guarantee that the services will end or eliminate all problems associated with the covered events. d. You will have a direct relationship with the professional service firms paid for in whole or in part under this Cyber Coverage. Those firms work for you. F. DEFINITIONS 1. Affected Individual means any person who is your current former or prospective customer client patient member owner student director or employee and whose personally identifying information or personally sensitive information is lost stolen accidentally released or accidentally published by a personal data compromise covered under this Cyber Coverage. This definition is subject to the following provisions a. Affected individual does not include any business or organization. Only an individual person may be an affected individuar. b. An affected individual must have a direct relationship with your interests as insured under this policy. The following are examples of individuals who would not meet this requirement 1 If you aggregate or sell information about individuals as part of your business the individuals about whom you keep such information do not qualify as affected individuals. However specific individuals may qualify as affected individuals for another reason such as being an employee of yours. If you store process transmit or transport records the individuals whose personally identifying 2 information or personally sensitive information you are storing processing transmitting or transporting for another entity do not qualify as affected individuals. However specific individuals may qualify as affected individuals for another reason such as being an employee of yours. You may have operations interests or properties that are not insured under this policy. Individuals who have a relationship with you through such other operations interests or properties do not qualify as affected individuals. However specific individuals may qualify as affected individuals for another reason such as being an employee of the operation insured under this policy. c. An affected individual may reside anywhere in the world. Authorized Third Party User means a party who is not an employee or a director of you who is authorized by contract or other agreement to access the computer system forthe receipt ordelivery of services. Bodily Injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Business Income and Extra Expense Loss means the loss of Business Income and Extra Expense actually incurred during the Period of Restoration. a. As used in this definition Business Income means the sum of 1 Net income net profit or loss before income taxes that would have been earned or incurred and 2 Continuing normal and necessary operating expenses incurred including employee and director payroll. b. As used in this definition Extra Expense means the additional cost you incur to operate your business over and above the cost that you normally would have incurred to operate your business during the same period had no computer attack occurred. c. As used in this definition Period of Restoration means the period of time that begins at the time that the computer attack is discovered by you and continues until the earlier of 1 The date that all data restoration 3 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 9 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
5. data re creation and system restoration directly related to the computer attack has been completed or 2 The date on which such data restoration data re creation and system restoration could have been completed with the exercise of due diligence and dispatch. Claim a. Claimmeans 1 A written demand for monetary damages or non monetary relief including injunctiverelief 2 A civil proceeding commenced by the filing of a complaint 3 An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent 4 Any other alternative dispute resolution proceeding in which such damages are claimed and to which you must submit or to which we agree you should submit to arising from a wrongful act or a series of interrelated wrongful acts including any resulting appeal. b. Claimdoes not mean orinclude 1 Any demand or action brought by or on behalf of someone who is a Yourdirector b Your owner or part owner or c A holder of your securities in their capacity as such whether directly derivatively or by class action. Claim will include proceedings brought by such individuals in their capacity as affected individuals but only to the extent that the damages claimed are the same as would apply to any other affected individuar or 2 Aregulatory proceeding. c. Includes a demand or proceeding arising CS 0004 18 from a wrongful act that is a personal data compromise only when 1 The proceeding is brought by one or more affected individuals The claimant alleges that one or more affected individuals suffered damages and 3 The personal data compromisegiving rise to the proceeding was covered under Data Compromise Response 2 10. Expenses section of this Cyber Coverage and you submitted a claim to us and provided notifications and services to affected individuals in consultation with us pursuant to Data Compromise Response Expenses in connection with such personal data compromise. Computer Attack means one of the followinginvolvingthe computer system a. Anunauthorized access incident b. A malware attack or c. A denial of service attack against a computer system. Computer System means a computer or other electronic hardware that is owned or leased by you and operated under your control. Coverage Term means the increment of time a. Commencing on the earlier of the first inception date of this Cyber Coverage or the first inception date of any coverage substantially similar to that described in this Cyber Coverage and held immediately prior to this Cyber coverage and b. Ending upon the termination of coverage. Coverage Territory means a. With respect to Data Compromise Response Expenses Computer Attack and Cyber Extortion coverage territory means anywhere in the world. b. With respect to Data Compromise Liability Network Security Liability and Electronic Media Liability coverage territory means anywhere in the world however claims must be brought within the United States including its territories and possessions or Puerto Rico. Cyber Extortion Expenses means a. The cost of a negotiator or investigator retained by you in connection with a cyber extortion threat and b. Any amount paid by you in response to a cyber extortion threat to the party that made the cyber extortion threat for the purposes of eliminating the cyber extortion threat when such expenses are necessary and reasonable and arise directly from a cyber extortion threat. The payment of cyber extortion expenses must be approved in advance by us. We will not pay for cyber 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 10 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
extortion expenses that have not been approved in advance by us. We will not unreasonably withhold our approval. 11. Cyber Extortion Threat means a. Cyber extortion threat means a demand for money from you based on a credible threat or series of related credible threats to 1 Launch a denial of service attack against the computer system for the purpose of denying authorized third party users access to your services provided through the computer system viathe Internet 2 Gain access to a computer system and use that access to steal release or publish personally identifying information personally sensitive information or third party corporate data Alter damage or destroy electronic data or software while such electronic data or software is stored within a computer system Launch a computer attack against a computer system in order to alter damage or destroy electronic data or software while such electronic data or software is stored within a computer system or Cause you to transfer pay or deliver any funds or property using a computer system without your authorization. Cyber extortion threat does not mean or include any threat made in connection with alegitimate commercialdispute. 3 4 5 12. Data Re creation Costs a. Data re creation costs means the costs of an outside professional firm hired by you to research re create and replace data that has been lost or corrupted and for which there is no electronic source available or where the electronic source does not have the same or similar functionality to the data that has been lost or corrupted. Data re creation costs does not mean or include costs to research re create or replace 1 Software programs or operating systems that are not commercially available or 2 Data that is obsolete unnecessary or useless to you. 13. Data Restoration Costs a. CS 0004 18 Data restoration costs means the costs of an outside professional firm hired by you to replace electronic data that has been lost or corrupted. In order to be considered data restoration costs such replacement must be from one or more electronic sources with the same or similar functionality to the data that has been lost or corrupted. Data restoration costs does not mean or include costs to research re create or replace 1 Software programs or operating systems that are not commercially availableor 2 Data that is obsolete unnecessary or useless to you. 14. Defense Costs a. Defense costs means reasonable and necessary expenses consented to by us resulting solely from the investigation defense and appeal of any claim or regulatory proceeding against you. Such expenses may include premiums for any appeal bond attachment bond or similar bond. However we have no obligation to apply for or furnish such bond. Defense costs does not mean or include the salaries or wages of your employees or directors or your loss of earnings. 15. Denial of Service Attack means an intentional attack against a target computer or network of computers designed to overwhelm the capacity of the target computer or network in order to deny or impede authorized users from gaining access to the target computer or network through the Internet. 16. Electronic Media Incident means an allegation that the display of information in electronic form by you on a website resulted in a. Infringement of another s copyright title slogan trademark trade name trade dress service mark or service name Defamation against a person or organization that is unintended or A violation of a person s right of privacy including false light and public disclosure of private facts 17. Identity Theft a. Identity theft means the fraudulent use of personally identifying information. This includes fraudulently using such information to establish credit accounts secure loans enter into contracts or 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 11 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
commitcrimes. Identity theft does not mean or include the fraudulent use of a business name d b a or any other method of identifying a business activity. 18. Loss a. With respect to Data Compromise Response Expenses loss means those expenses enumerated in Data Compromise Response Expenses paragraph b. With respect to Computer Attack loss means those expenses enumerated in Computer Attack paragraph b. With respect to Cyber Extortion loss means cyber extortion expenses. With respect to Data Compromise Liability Network Security Liability and Electronic Media Liability loss means defense costs and settlement costs. 19. Malware Attack a. Malware attack means an attack that damages a computer system or data contained therein arising from malicious code including viruses worms Trojans spyware and keyloggers. Malware attack does not mean or include damage from shortcomings or mistakes in legitimate electronic code or damage from code installed on your computer system during the manufacturing process or normal maintenance. 20.Malware Related Compromise means a personal data compromise that is caused enabled or abetted by a virus or other malicious code that at the time of the personal data compromise is named and recognized by the CERT Coordination Center McAfee Secunia Symantec or other comparable third party monitors of malicious code activity. 21.Network Security Incident means a negligent security failure or weakness with respect to a computer system which allowed one or more of the following to happen a. The unintended propagation or forwarding of malware including viruses worms Trojans spyware and keyloggers. Malware does not include shortcomings or mistakes in legitimate electronic code The unintended abetting of a denial of service attack against one or more other systems or The unintended loss release or disclosure of third party corporate data. 22.Personal Data Compromise means the loss theft accidental release or accidental publication of personally identifying CS 0004 18 23. information or personally sensitive information as respects one or more affected individuals. If the loss theft accidental release or accidental publication involves personally identifying information such loss theft accidental release or accidental publication must result in or have the reasonable possibility of resulting in the fraudulent use of such information. This definition is subject to the following provisions a. At the time of the loss theft accidental release or accidental publication the personally identifying information or personally sensitive information need not be at the insured premises but must be in the direct care custody or control of 1 Youor 2 A professional entity with which you have a direct relationship and to which you or an affected individual at your direction have turned over directly or via a professional transmission or transportation provider such information for storage processing transmission or transportation of such information. b. Personal data compromise includes disposal or abandonment of personally identifying information or personally sensitive information without appropriate safeguards such as shredding or destruction provided that the failure to use appropriate safeguards was accidental and not reckless or deliberate. c. Personal data compromise includes situations where there is a reasonable cause to suspect that such personally identifying information or personally sensitive information has been lost stolen accidentally released or accidentally published even if there is no firm proof. d. All incidents of personal data compromise that are discovered at the same time or arise from the same cause will be considered one personal data compromise. Personally Identifying Information a. Personally identifying information means information including health information that could be wused to commit fraud or other illegal activity involvingthe credit access to health care or identity of an affected individual. This includes but is not limited to Social 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 12 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
24 25. 26. 27. Security numbers or account numbers. b. Personally identifying information does not mean or include information that is otherwise available to the public such as names and addresses. Personally Sensitive Information a. Personally sensitive information means private information specific to an individual the release of which requires notification of affected individuals under any applicable law. b. Personally sensitive information does not mean or include personally identifying information. Policy Period means the period commencing on the effective date shown in the Policy Declarations. The policy period ends on the expiration date or the cancellation date of this Cyber Coverage whichever comes first. Property Damage means a. Physical injury to or destruction of tangible property including all resulting loss of use or b. Loss of use of tangible property that is not physically injured. Regulatory Proceeding means an investigation demand or proceeding alleging a violation of law or regulation arising from a personal data compromisebrought by or on behalf of the Federal Trade Commission Federal Communications Commission or other administrative or regulatory agency or any federal state local or foreign governmental entity in such entity s regulatory or official capacity. 28. Settlement Costs CS 0004 18 a. Settlement costs means the following when they arise from a claim 1 Damages judgments or settlements and 2 Attorney s fees and other litigation costs added to that part of any judgment paid by us when such fees and costs are awarded by law or court order and 3 Pre judgment interest on that part of any judgment paid by us. b. Settlement costs does not mean or include 1 Civil or criminal fines or penalties imposed by law except for civil fines and penalties expressly covered under Data Compromise Response Expenses 2 Punitive and exemplary damages 3 The multiple portion of any muiltiplied damages 4 Taxesor 5 Matters which may be deemed uninsurable under the applicable law. c. With respect to fines and penalties the law of the jurisdiction most favorable to the insurability of those fines or penalties will control for the purpose of resolving any dispute between us and you regarding whether the fines or penalties specified in this definition above are insurable under this Cyber Coverage provided that such jurisdiction 1 Is where those fines or penalties were awarded or imposed 2 Is where any wrongful act took place for which such fines or penalties were awarded or imposed 3 Is where you are incorporated or you have your principal place of business or 4 Is where we are incorporated or have our principal place of business. 29. System Restoration Costs a. System restoration costs means the costs of an outside professional firm hired by you to do any of the following in order to restore your computer system to its precomputer attack level of functionality 1 Replace or reinstall software programs 2 Remove any malicious code and 3 Configure or correct the configuration of your computer system. b. System restoration costs does not mean orinclude 1 Costs to increase the speed capacity or utility of a computer system beyond what existed immediately prior to the computer attack 2 Labor costs of your employees or directors 3 Any costs in excess of the actual cash value of your computer system or 4 Costs to repair or replace hardware. 30. Termination of Coverage means a. You or we cancel this coverage b. You or we refuse to renew this coverage or c. We renew this coverage on an other than claims made basis or with a retroactive date later than the date of the first inception of this coverage or any computer 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 13 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
coverage substantially similar to that described in this Cyber Coverage. 31. Third Party Corporate Data a. Third party corporate data means any trade secret data design interpretation forecast formula method practice credit or debit card magnetic strip information process record report or other item of information of a third party not an insured under this Cyber Coverage which is not available to the general public and is provided to you subject to a mutually executed written confidentiality agreement or which you are legally required to maintain in confidence. b. Third party corporate data does not mean or include personally identifying information or personally sensitive information. 32. Unauthorized Access Incident means the gaining of access to a computer system by a. Anunauthorized person or persons or b. An authorized person or persons for unauthorized purposes. 33. Wrongful Act a. With respect to Data Compromise Liability wrongful act means a personal data compromise. b. With respect to Network Security Liability wrongful act means a network security incident. c. With respect to Electronic Media Liability wrongful act means an electronic media incident. ALL OTHER PROVISIONS OF THIS POLICY APPLY. CS 0004 18 2017. The Hartford Steam Boiler Inspection and Insurance Company. All rights reserved. Page 14 of 14 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE SUPPLEMENTAL DECLARATIONS Nartionar AMERICAN M INSURANCE z Company A CAPITAL STOCK COMPANY 1010 MANVEL AVENUE CHANDLER OKLAHOMA 74834 Telephone 1 800 822 7802 POLICY NUMBER RENEWAL OF NUMBER GL19750142 GL19750042 NAMED INSURED WINDSOR IRON AND METAL LLC PO BOX E ATHENS TX 75751 1080 Ielephone 1 8 YOUR AGENT IBTX RISK SERVICES ACRISURE LLC DBA 10101 REUNION PL STE 100 SAN ANTONIO TX 78216 4165 NOTICE THIS IS A CLAIMS MADE AND REPORTED POLICY. EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN THIS EPL COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS OR SUITS THAT ARE FIRST MADE AGAINST THE INSUREDS DURING THE EPL COVERAGE PERIOD AND REPORTED IN WRITING TO THE INSURER PURSUANT TO THE TERMS HEREIN. VARIOUS PROVISIONS IN THIS EPL COVERAGE RESTRICT COVERAGE. PLEASE READ THE ENTIRE EPL COVERAGE FORM CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND IS NOT COVERED. THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS UNDER THIS EPL COVERAGE SHALL BE REDUCED BY AMOUNTS INCURRED FOR DEFENSE COSTS. AMOUNTS INCURRED FOR DEFENSE COSTS SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT. nNviive THIS IS A CLAIMS MADE AND REPORTED POLICY. EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN THIS EPL COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS OR SUITS THAT ARE FIRST MADE AGAINST THE INSUREDS DURING THE EPL COVERAGE PERIOD AND REPORTED IN WRITING TO THE INSURER PURSUANT TO THE TERMS HEREIN. VARIOUS PROVISIONS IN THIS EPL COVERAGE RESTRICT COVERAGE. PLEASE READ THE ENTIRE EPL COVERAGE FORM CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND IS NOT COVERED. THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS UNDER THIS EPL COVERAGE SHALL BE REDUCED BY AMOUNTS INCURRED FOR DEFENSE COSTS. AMOUNTS INCURRED FOR DEFENSE COSTS SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT. EP DS 01 18 | 2 |
EPL Coverage Period From To 8012020 8012021 At 1201 AM. Standard Time at your mailing address shown on the Declarations page of this policy EPL Aggregate Limit of Liability 100 000 Annual aggregate for all loss combined including defense costs EPL Deductible Amount 50 00 For loss arising from claims or suits alleging the same wrongful employment act or related wrongful employment acts or the same third party violation or related third party violation if third party violations are shown as covered EPL Retroactive Date If no date is shown we will consider the EPL Retroactive Date to be the date of organization of the named insured The EPL Retroactive Date will remain the same through all subsequent renewals. No change will be made to the EPL Retroactive Date unless at the sole request of the insured. EPL Coverage Premium 102 1 EPL Premium for the EPL Coverage Period Third Party Violations Premium Optional If coverage for third party violations has been paid for the premium will be shown and coverage is in force. Otherwise there is no coverage available for third party violations. TOTAL EPL COVERAGE PREMIUM 1021 This insurance does not apply to loss arising out of a wrongful employment act or third party violation that arises out of incidents or circumstances of which you had knowledge prior to the effective date of this EPL Coverage or the first EPL Coverage Form issued by us of which this EPL Coverage is an uninterrupted renewal. 2000 EP DS 01 18 | 2 |
This endorsement modifies insurance provided under the following EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE 1. Texas Changes This endorsement changes the policy. Please read it carefully. SECTIONII. EXCLUSIONS WHATIS NOT COVERED Clause G. PriorKnowledge is replaced by the following G. Prior Knowledge Any liability arising out of incidents circumstances wrongful employmentacts or third party violations which an insured 1. Had knowledge of and 2. Could have reasonably foreseen may reasonably result in a claim or suit and which were known to the insured prior to the effective date of this EPL Coverage or the first EPL Coverage issued by us of which this EPL Coverage is an uninterrupted renewal. 2. SECTION VI. CONDITIONS Clause K. Representations is deleted. 3. SECTION V1. CONDITIONS Clause N. Tie In of Limits is replaced by the following Tie In of Limits As respects any claim or suit in which at least one person entity claimed against is an insured under this EPL Coverge and at least one person entity claimed against is an insured under any other EPL Coverage in the same package or policy issued to you by us the Other Coverage the combined EPL Aggregate Limit of Liability under both this EPL Coverage and the Other Coveragefor all losses arising from such claims or suits combined shall not exceed the highest applicable limit of insurance under either this EPL Coverage or the Other Coverage This limitation shall apply even if both this EPL Coverage and the Other Coverage have been triggered due to a claim or suit made against the same person entity but alleging wrongful employment acts or third party violations both in his her or its capacity as an insured under the Other Coverage and as an insured under this EPL Coverage. Page 1 of 1 NAEPTXO01 18 | 2 |
THIS IS A CLAIMS MADE AND REPORTED COVERAGE ENDORSEMENT. PLEASE NOTE THAT DEFENSE COSTS ARE CONTAINED WITHIN THE LIMIT OF LIABILITY AND THE DEDUCTIBLE. PLEASE READ THE ENTIRE EMPLOYMENT PRACTICES LIABILITY COVERAGE ENDORSEMENT CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND IS NOT COVERED. EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE ENDORSEMENT Throughout this Coverage Endorsement hereinafter referred to as EPL Coverage the words you and your refer to the named insureds shown in the Supplemental Declarations of this EPL Coverage and any other persons or organizations qualifying as a named insured under this EPL Coverage. 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 Ill. WHO IS AN INSURED. Other words and phrases that appear in quotations have special meaning. Refer to SECTION VII. DEFINITIONS. The terms and conditions of the Cancellation Clause of the Common Policy Conditions and any amendment to such terms incorporated by endorsement are hereby incorporated herein and shall apply to coverage as is afforded by this EPL Coverage unless specifically stated otherwise in an endorsements attached hereto. SECTION I.WHAT IS COVERED A. Insuring Agreement 1. We shall pay those losses arising out of an insured s wrongful employment act other than a third party violation against your employees recognized volunteers and applicants for employment to which this insurance applies. If coverage for third party violations is shown on the Supplemental Declarations then we shall pay those losses arising out of an insured s third party violation. For coverage to apply under this EPL Coverage the wrongful employment act or third party violation must commence or take place after the Retroactive Date but before the end of the EPL coverage period. If no Retroactive Date appears on the Supplemental Declarations then the Retroactive Date shall be the date of organization of the named insured. A claim or suit for a wrongful employment actor third party violation must be first made against you during the EPL coverage period and reported to us pursuant to the terms of this EPL Coverage. A claim or suit by a person or organization seeking damages will be deemed to have been made at the earlier of the following times a. When written notice of such claim or suit is received and recorded by any insured or by us whichever comes first or b. When we make any settlement in accordance with the terms of this EPL Coverage. B. Defense We have the right and duty to defend and appoint an attorney to defend any claim or suit brought against any insured for a wrongful employment act or third party violationto which this insurance applies even if the claim or suit is groundless or fraudulent. At the time a claim or suit is first reported to us you may request that we appoint a defense attorney of your choice. We will give full consideration to any such request. We have the right to investigate and settle any claim or suit that we believe is proper. You shall be entitled to consent to such settlement provided your consent is not unreasonably withheld and is provided as soon as practicable. If you refuse to consent to any settlement that we recommend and that is acceptable to the claimant then our liability under this EPL Coverage for such claim or suit shall not exceed the amount for which we could have settled had your consent not been withheld at the time of our recommendation. You shall SECTION I.WHAT IS COVERED A. NAEP 000118 Insuring Agreement 1. We shall pay those losses arising out of an insured s wrongful employment act other than a third party violation against your employees recognized volunteers and applicants for employment to which this insurance applies. If coverage for third party violations is shown on the Supplemental Declarations then we shall pay those losses arising out of an insured s third party violation. For coverage to apply under this EPL Coverage the wrongful employment act or third party violation must commence or take place after the Retroactive Date but before the end of the EPL coverage period. If no Retroactive Date appears on the Supplemental Declarations then the Retroactive Date shall be the date of organization of the named insured. A claim or suit for a wrongful employment actor third party violation must be first made against you during the EPL coverage period and reported to us pursuant to the terms of this EPL Coverage. A claim or suit by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 2017 The Hartford Steam Boiler Inspection and Insurance Company Al rights reserved. a. When written notice of such claim or suit is received and recorded by any insured or by us whichever comes first or b. When we make any settlement in accordance with the terms of this EPL Coverage. B. Defense We have the right and duty to defend and appoint an attorney to defend any claim or suit brought against any insured for a wrongful employment act or third party violationto which this insurance applies even if the claim or suit is groundless or fraudulent. At the time a claim or suit is first reported to us you may request that we appoint a defense attorney of your choice. We will give full consideration to any such request. We have the right to investigate and settle any claim or suit that we believe is proper. You shall be entitled to consent to such settlement provided your consent is not unreasonably withheld and is provided as soon as practicable. If you refuse to consent to any settlement that we recommend and that is acceptable to the claimant then our liability under this EPL Coverage for such claim or suit shall not exceed the amount for which we could have settled had your consent not been withheld at the time of our recommendation. You shall thereafter negotiate and defend that claim or Page 1 of 9 | 2 |
suit at your own cost and without our involvement. We shall pay all reasonable costs we ask the insured to incur while helping us investigate or defend a claim or suit. We however will not pay more than 250 per day for eamings lost by the insured because of time taken off from work. 4. We shall pay premiums for appeal bonds or bonds to release property being used to secure a legal obligation for a covered suit. We shall only pay however for bonds valued up to our EPL Aggregate Limit of Liability. We shall have no obligation to appeal or to obtain these bonds. 5. Payments for defense costs are included within the EPL Aggregate Limit of Liability. They are not in addition to the EPL Aggregate Limit of Liability. Our duty to defend or to make payment of any claim or suit pursuant to Paragraphs 1. through 4. of this Clause B. ends after the EPL Aggregate Limit of Liability has been exhausted by payment of loss including defense costs. 6. We shall pay all interest on that amount of any judgment within the EPL Aggregate Limit of Liability a. Which accrues after entry of judgment and b. Before we pay offer to pay or deposit in court that part of the judgment within the EPL Aggregate Limit of Liability. These interest payments shall be in addition to and not part of the EPL Aggregate Limit of Liability. C. Transfer of Control 1. You may take over control of any outstanding claim or suit previously reported to us but only if we in our sole discretion decide that you should or if a court orders you to do so. 2. Notwithstanding Paragraph 1. of this Clause C. in all events if the EPL Aggregate Limit of Liability is exhausted we will notify you of all outstanding claims or suits and you will take over control of the defense. We will help transfer control of the claims and suits to you. 3. We shall take whatever steps are necessary to continue the defense of any outstanding claim or suit and avoid a default judgment during the transfer of control to you. If we do so we shall not waive or give up any of our rights. You shall pay all reasonable expenses we incur for taking such steps after the EPL Aggregate Limit of Liability is exhausted.. Criminal Acts Any liability arising out of any dishonest fraudulent criminal or malicious act by or at the direction of any insured. However to the extent that a claim or suit is otherwise covered under this EPL Coverage we will defend a claim or suit asserting a dishonest fraudulent criminal or malicious act until such time as the insured is determined to have committed such dishonest fraudulent criminal or malicious act The wrongful employment acts or third party violations of an insured shall not be imputed to any other insured for the purpose of determining the applicability of this ExclusionA.. Property Damage Any liability arising out of property damage. Bodily Injury Any liability arising out of bodily injury. Worker s Compensation Social Security and Unemployment Disability and Retirement Benefits Any liability arising out of any obligation pursuant to any worker s compensation disability benefits unemployment compensation unemployment insurance retirement benefits social security benefits or similar law. This exclusion however shall not apply to loss arising from a claim or suit for retaliation Contractual Liability Any liability arising out of any actual or alleged contractual liability of any insured under any express contract or agreement. This exclusion however shall not apply to any liability the insured would have in the absence of such express contract or agreement. ERISA FLSA NLRA WARN COBRA and OSHA Any liability for violations of any of the responsibilities obligations or duties imposed by the Employee Retirement Income Security Act of 1974 the Fair Labor Standards Act except the Equal Pay Act the National Labor Relations Act the Worker Adjustment and Retraining Notification Act the Consolidated Omnibus Budget Reconciliation Act the Occupational Safety and Health Act any rules or regulations of the foregoing promulgated thereunder and amendments thereto or any similar federal state local or foreign statutory law or common law. It is acknowledged that claims and suits for violations of any ofthe responsibilities obligations or duties imposed by similar federal state local or foreign statutory law or common law as such quoted language is used in the immediately preceding paragraph include without limitation any and all claims and suits which in whole or in part allege arise out of are based upon are attributable to or are in any way related to any of the circumstances described in any of the following SECTION IIl. EXCLUSIONS WHATIS NOT COVERED This insurance does not apply to NAEP 000118 2017 The Hartford Steam Boiler Inspection and Insurance Company All rights reserved Page 2 of 9 | 2 |
1. The refusal failure or inability of any insureds to pay wages or overtime pay or amounts representing such wages or overtime pay for services rendered or time spent in connection with work related activities as opposed to tort based back pay or front pay damages for torts other than conversion 2. Improper deductions from pay taken by any insureds from any employees or purported employees or 3. Failure to provide or enforce legally required meal or rest break periods Notwithstanding the foregoing this Exclusion F. shall not apply to the extent that aclaim or suit is for retaliation.. Prior Knowledge Any liability arising out of incidents circumstances or wrongful employment acts or third party violations which an insured 1. Had knowledge of or 2. Could have reasonably foreseen might result in a claim orsuit and which were known to the insured prior to the effective date of this EPL Coverage or the first EPL Coverage issued by us of which this EPL Coverage is an uninterrupted renewal.. Prior Notice Any liability arising out of the facts alleged or to the same or related wrongful employment acts or related third party violations alleged or contained in any claim or suit which has been reported or in any circumstances of which notice has been given under any policy of which this EPL Coverage is a renewal or replacement or which it may succeed in time. Prior Litigation Any liability arising out of any prior 1. Litigation or 2. Administrative or regulatory proceeding or investigation of which an insured had notice or alleging the same or related wrongful employment acts or related third party violationsalleged or contained in such pending or prior litigation or administrative or regulatory proceeding or investigation which the insured had knowledge of prior to the effectivedate of this EPL Coverage or the first EPL Coverage issued by us of which this EPL Coverage is an uninterrupted renewal. SECTION IIl. WHO IS AN INSURED NAEP 000118 Individual 2017 The Hartford Steam Boiler Inspection and Insurance Company Al rights reserved. If you are shown in the Supplemental Declarations of this EPL Coverage as an individual you and your spouse or Domestic Partner are insureds only for the conduct of a business of which you are the sole owner.. Corporation If you are shown in the Supplemental Declarations of this EPL Coverage as a corporation or organization other than a partnership joint venture or limited liability company you and your subsidiaries are insureds. Partnership or Joint Venture If you are shown in the Supplemental Declarations of this EPL Coverage as a partnership or joint venture you are an insured. Your members partners or co venturers and their spouses or Domestic Partners are also insureds but only for the conduct of your business. Limited Liability Company If you are shown in the Supplemental Declarations of this EPL Coverage as 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. Trusts If you are shown in the Supplemental Declarations of this EPL Coverage as a trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Employees Your employees executive officers and directors are insureds only for the conduct of your business within the scope of their employment or their duties as executive officers or directors.. Extensions 1. Subject otherwise to the terms hereof this EPL Coverage shall cover loss arising from any claims or suits made against the estates heirs or legal representative of deceased individual insureds and the legal representatives of individual insureds in the event of incompetency who were individual insureds at the time the wrongful employment acts or third party violations upon which such claims or suits are based were committed. 2. Subject otherwise to the terms hereof thisEPL Coverage shall cover loss arising from all claims and suits made against the lawful spouse whether such status is derived by reason of statutory law common law or otherwise of any applicable jurisdiction in the world or Domestic Partner of an individual insured including a claim or suit that seeks damages recoverable from marital community property property jointly held by the individual Page 3 of 9 1. The refusal failure or inability of any insureds to pay wages or overtime pay or amounts representing such wages or overtime pay for services rendered or time spent in connection with work related activities as opposed to tort based back pay or front pay damages for torts other than conversion 2. Improper deductions from pay taken by any insureds from any employees or purported employees or 3. Failure to provide or enforce legally required meal or rest break periods Notwithstanding the foregoing this Exclusion F. shall not apply to the extent that aclaim or suit is for retaliation. Prior Knowledge Any liability arising out of incidents circumstances or wrongful employment acts or third party violations which an insured 1. Had knowledge of or 2. Could have reasonably foreseen might result in a claim orsuit and which were known to the insured prior to the effective date of this EPL Coverage or the first EPL Coverage issued by us of which this EPL Coverage is an uninterrupted renewal. Prior Notice Any liability arising out of the facts alleged or to the same or related wrongful employment acts or related third party violations alleged or contained in any claim or suit which has been reported or in any circumstances of which notice has been given under any policy of which this EPL Coverage is a renewal or replacement or which it may succeed in time. Prior Litigation Any liability arising out of any prior 1. Litigation or 2. Administrative or regulatory proceeding or investigation of which an insured had notice or alleging the same or related wrongful employment acts or related third party violationsalleged or contained in such pending or prior litigation or administrative or regulatory proceeding or investigation which the insured had knowledge of prior to the effectivedate of this EPL Coverage or the first EPL Coverage issued by us of which this EPL Coverage is an uninterrupted renewal. SECTION IIl. WHO IS AN INSURED A. Individual | 2 |
insured and the spouse or Domestic Partner or property transferred from the individual insured to the spouse or Domestic Partner provided however that this extension shall not afford coverage for a claim or suit arising out of any wrongful employment actor third party violation of the spouse or Domestic Partner but shall apply only to clams or suits arising out of any wrongful employment acts or third party violations of an individual insured subject to this EPL Coverage s terms conditions and exclusions. SECTION IV. LIMIT OF LIABILITY including defense costs A. The EPL Aggregate Limit of Liability shown in the Supplemental Declarations of this EPL Coverage and the information contained in this section limits the most we shall pay for all lossother than post judgment interest described in Sectionl. Clause B. Paragraph 6. arising out of claimsand suits first made against insureds during the EPL coverage period or Extended Reporting Periods i applicable regardless of 1. The number of persons or organizations covered by this EPL Coverage or 2. The number of claims made or suits brought or 3. The length of the EPL coverage period. B. The EPL Aggregate Limit of Liabilityis the most we shall pay for all losses other than post judgment interest described in Section I Clause B. Paragraph 6. including amounts incurred for defense costs. C. The EPL Aggregate Limit of Liability for the Extended Reporting Periods if applicable shall be part of and not in addition to the EPL Aggregate Limit of Liabilityfor the EPL coverage period. D. All claims and suits arising from the same or related wrongful employment acts or related third party violations shall be treated as arising out of a single wrongful employment act or third party violation. E. All claims or suits arising out of one wrongful employment act or third party violation shall be deemed to be made on the date that the first such claim is made or suit is brought. All claims asserted in a class action suit will be treated as arising out of a single wrongful employment act or third party violation F. Any claim or suit which is made subsequent to the EPL coverage period or Extended Reporting Periods if applicable which pursuant to Section VI Clause D. Paragraphs 3. and 4. is considered made during the EPL coverage period or Extended Reporting Periods if applicable shall also be subject to the one EPL Aggregate Limit of Liability NAEP 000118 stated in the Supplemental Declarations of thisEPL Coverage. SECTION V. DEDUCTIBLE You shall be responsible for the deductible amount shown in the Supplemental Declarations of this EPL Coverage with respect to each claim and suit and you may not insure against it. A single deductible amount shall apply to loss arising from all claimsand suits alleging the same wrongful employment actor third party violation or related wrongful employment acts or related third party violations Expenses we incur in investigating defending and settling claims and suits are included in the deductible. The deductible is not included within the EPL Aggregate Limit of Liability. At our option we may pay any part or all of the EPL 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 deductible that has been paid by us. SECTION VI. CONDITIONS 2017 The Hartford Steam Boiler Inspection and Insurance Company Al rights reserved. We have no duty to provide coverage under thisEPL Coverage unless there has been full compliance with all the Conditions contained in this EPL Coverage. A. Assignment The interest of any insured is not assignable. You can not assign or transfer your interest in thisEPL Coverage without our written consent attached to the EPL Coverage. B. Bankruptcy or Insolvency Your bankruptcy insolvency or inability to pay will not relieve us from the payment of any claim or suit covered by this EPL Coverage. Under no circumstances will your bankruptcy insolvency or inability to pay require us to drop down in any way replace or assume any of your obligations with respect to the Deductible provisions of this EPL Coverage. C. Coverage Territory We cover wrongful employment acts or third party violations anywhere in the world but only if the claim is made and the suit is brought for such wrongful employment actor third party violationin the United States of America its teritories and possessions Puerto Rico or Canada. D. Duties in the Event of an Incident Claim or Suit 1. If during the EPL coverage period incidents or events occur which you reasonably believe may give rise to a claim or suit for which coverage may be provided hereunder such belief being based upon either written notice Page 4 of 9 | 2 |
from the potential claimant or the potential claimant s representative or notice of a complaint filed with EEOC DOL or OFCCP or similar federal state or local agency or upon an oral claim allegation or threat you shall give written notice to us as soon as practicable and either a. Anytime during the EPL coverage period b. Anytime during the sixty 60 days immediately following the expiration of the EPL coverage period for claims first made or suits first brought during the EPL Coverage Period as shown on the Supplemental Declarations when this policy is renewed by us or c. Anytime during the Extended Reporting Periods if applicable. 2. Ifaclaim is made or a suit is brought against any insured you must a. Immediately record the specifics of the claim or suit and the date received and b. Provide us with written notice as described in Paragraph 3. of this Clause D. as soon as practicable. 3. Such written notice of claim or suit shall contain a. The identity of the persons alleging a wrongful employment act or third party violation b. The identity of the insureds who allegedly were involved in the incidents or events c. The date the alleged incidents or events took place and d. The written notice or a memorandum of the oral claim allegation or threat referred to above. If written notice is given to us during the EPL coverage period or Extended Reporting Periods if applicable pursuant to the above requirements then any claim or suit which is subsequently made against any insureds and reported to us alleging arising out of based upon or attributable to such circumstances or alleging any related wrongful employment act or related third party violation to such circumstances shall be considered made at the time such notice of such circumstances was first given. 4. If you submit written notice of a claim or suit pursuant to this Clause D. then any claim or suit that may subsequently be made against an insured and reported to us alleging the same or a related wrongful employment act or the same or a related third party violation to the claim or suit for which such notice has been given shall be deemed for the purpose of this insurance to have been first made during the EPL coverage period or Extended Reporting Period if applicable in effect at the time such written notice was first submitted to us. 5. You and any other insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with any claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation settlement or defense of the claim or suit d. 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 e. Not take any action nor fail to take any required action that prejudices the rights of the insureds or us with respect to such claim or suit. 6. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without our prior written consent. E. Transfer of Rights of Recovery Against Others to ys You may be able to recover all or part of a loss from someone other than us. You therefore shall do all that is possible after aloss to preserve any such right of recovery. If we make a payment under this EPL Coverage that right of recovery shall belong to us. You shall do whatever is necessary including signing documents to help us obtain that recovery. F. Extended Reporting Periods 1. You shall have the right to the Extended Reporting Periods described in Paragraph 2. of this ClauseF. in the event that a. You or we shall cancel this EPL Coverage b. You or we shall refuse to renew this EPL Coverage or c. We renew this EPL Coverage on an other than a claims made basis or with a Retroactive Date later than the Retroactive Date shown on the Supplemental Declarations of this EPL Coverage. 2. If an event as specified in Paragraph 1. of this Clause F. has occurred you shall have the right to the following a. An Automatic Extended Reporting Period of thirty 30 days after the effective date of cancellation or nonrenewal at no additional premium in which to give to us written NAEP 000118 2017 The Hartford Steam Boiler Inspection and Insurance Company All rights reserved Page 5 of 9 | 2 |
NAEP 000118 notice of claims first made or suits first brought against the insureds during said Automatic Extended Reporting Period for any wrongful employment acts or third party violations occurring before the end of the EPL coverage period and are otherwise covered by this EPL Coverage and b. Upon payment of an additional premium of 100 of the full annual premium applicable to this EPL Coverage a Supplemental Extended Reporting Period of one 1 year immediately following the effective date of cancellation or nonrenewal in which to give to us written notice of claims first madeor suits first brought against the insureds during said Supplemental Extended Reporting Period for any wrongful employment acts or third party violations occurring before the end of the EPL coverage period and are otherwise covered by this EPL Coverage. To obtain the Supplemental Extended Reporting Period you must request it in writing and pay the additional premium due within thirty 30 days of the effective date of cancellation or nonrenewal. The additional premium for the Supplemental Extended Reporting Period shall be fully earned at the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required you may not exercise this right at a later date. This insurance provided during the Supplemental Extended Reporting Period is excess over any other valid and collectible insurance that begins or continues in effect after the Supplemental Extended Reporting Period becomes effective whether the other insurance applies on a primary excess contingent or any other basis. G. Change in Control of Named Insured In the event of a transaction then this EPL Coverage shall continue in full force and effect as to wrongful employment acts or third party violations occurring prior to the effective time of the transaction but there shall be no coverage afforded by any provision of thisEPL Coverage for any actual or alleged wrongful employment acts or third party violations occurring after the effective time of the transaction. This EPL Coverage may not be cancelled after the effective time of the transaction and the entire premium for this EPL Coverage shall be deemed earned as of such time. You shall also have the right to the Extended Reporting Periods described in Clause F. of this Section VI. You shall give us written notice of the transaction as soon as practicable but not later 2017 The Hartford Steam Boiler Inspection and Insurance Company Al rights reserved. than thirty 30 days after the effective date of the transaction. Legal Action Against Us No person or organization has the right to join us as a party or otherwise bring us into a suit asking for damages from an insured. Other Insurance Unless expressly written to be excess over other applicable insurance it is intended that the insurance provided by this EPL Coverage shall be primary. EPL Coverage Changes This EPL Coverage contains all the agreements between you and us concerning this insurance. The first named insured in the Supplemental Declarations of this EPL Coverage is authorized to request changes in this EPL Coverage. This EPL Coverage can only be changed by a written endorsement we issue and make part of this EPL Coverage. Representations Any and all relevant provisions of thisEPL Coverage may be voidable by us in any case of fraud intentional concealment or misrepresentation of material fact by any insured. Special Rights and Duties of the First Named Insured You agree that when there is more than one person andor entity covered under this EPL Coverage the first named insured in the Supplemental Declarations of this EPL Coverage shall act on behalf of all insureds as to 1. Giving of notice of a claim or suit 2. Giving and receiving notice of cancellation or nonrenewal 3. Payment of premiums and receipt of return premiums 4. Acceptance of any endorsements issued to form a part of this EPL Coverage or 5. Purchasing or deciding not to purchase the Supplemental Extended Reporting Period.. Separation of Insureds Except with respect to the EPL Aggregate Limit of Liability and any rights or duties specifically assigned to the first named insured in Clause L. of this Section VL. this insurance applies 1. As if each named insured were the only named insured and 2. Separately to each insured against whom a claim orsuit is made.. Tie In of Limits As respects any claim or suit in which at least one person entity claimed against is an insured under this EPL Coverage and at least one person entity Page 6 of 9 | 2 |
claimed against is an insured under any other EPL Coverage issued to you by us the Other Policy the combined EPL Aggregate Limit of Liability under both this EPL Coverage and the Other Policy for all losses arising from such claims or suits combined shall not exceed the highest applicable limit ofinsurance under either this EPL Coverage or the Other Policy. This limitation shall apply even if both this EPL Coverage and the Other Policy have been triggered due to a claim or suit made against the same person entity but alleging wrongful employment acts or third party violations both in his her or its capacity as an insured under the Other policy and as an insured under this EPL Coverage. 0. Headings The descriptions in the headings of this EPL Coverage are solely for convenience and form no part of the terms and conditions of coverage. SECTION VII. DEFINITIONS A. Applicants for employment means individuals who have applied or interviewed for a position of employment where work will be performed for and completed under the direction of the named insured. B. Bodily injury means physical injury sickness or disease including death resulting therefrom. C. Claim means a written demand for monetary and non monetary relief including any request to toll or waive any statute of limitations. The term claim shall also mean an Equal Employment Opportunity Commission EEOC Department of Labor DOL or Office of Federal Contract Compliance Program OFCCP or similar federal state or local agency proceeding or investigation commenced by the filing of a notice of charges service of a complaint or similar document of which notice has been given to you. However in no event shall the term claim include any labor or grievance proceeding which is subject to a collective bargaining agreement. D. Class action suit means any suit seeking certification or certified as a class action by a federal or state court. E. Defense costs means reasonable and necessary fees costs and expenses consented to by us resulting solely from the investigation adjustment defense and appeal of a claim or suit against you. In no event shall defense costs include your or our routine on going expenses including without limitation the salaries of your or our employees officers or staff attorneys. F. Domestic partner means any natural person legally recognized as a domestic or civil union partner under G. 1. The provisions of any applicable federal state or local law or 2. The provisions of any formal program established by you. Employee means an individual whose labor or service is engaged by and directed by you for remuneration whether such individual is in a supervisory co worker or subordinate position or otherwise including any part time seasonal and temporary employees. An individual who is an independent contractor or leased to you shall also be an employee. Independent contractors who do not provide ongoing and routine services solely for you shall not be considered employees including but not limited to independent trade contractors e.g. plumber electrician.. EPL coverage period means the period commencing on the effective date shown in the Supplemental Declarations of this EPL Coverage. This period ends on the earlier of the expiration date or the effective date of cancellation of this EPL Coverage. If you became an insured under this EPL Coverage after the effective date the EPL coverage period begins on the date you became an insured. Losses means monetary amounts to which this insurance applies and which you are legally obligated to pay including front pay and back pay judgments settlements pre and post judgment interest on that part of any judgment paid by us statutory attorney fees and defense costs however loss shall not include 1. Civil or criminal fines or penalties imposed by law 2. Taxes 3. Employment related benefits stock options perquisites deferred compensation or any other type of compensation other than salary wages or bonus compensation 4. Any liability or costs incurred by any insuredto modify any building or property in order to make said building or property more accessible or accommodating to any disabled person or any liability or costs incurred in connection with any educational sensitivity or other corporate program policy or seminaror 5. Matters which may be deemed uninsurable under the law pursuant to which this EPL Coverage shall be construed. Where permitted by law loss shallinclude punitive or exemplary damages imposed upon any insured subject to the policy s other terms conditions and exclusions. Named insured means the person or organization designated in the Supplemental Declarations page of this EPL Coverage. NAEP 000118 2017 The Hartford Steam Boiler Inspection and Insurance Company All rights reserved Page 7 of 9 claimed against is an insured under any other EPL Coverage issued to you by us the Other Policy the combined EPL Aggregate Limit of Liability under both this EPL Coverage and the Other Policy for all losses arising from such claims or suits combined shall not exceed the highest applicable limit ofinsurance under either this EPL Coverage or the Other Policy. This limitation shall apply even if both this EPL Coverage and the Other Policy have been triggered due to a claim or suit made against the same person entity but alleging wrongful employment acts or third party violations both in his her or its capacity as an insured under the Other policy and as an insured under this EPL Coverage. 0. Headings The descriptions in the headings of this EPL Coverage are solely for convenience and form no part of the terms and conditions of coverage. SECTION VII. DEFINITIONS A. Applicants for employment means individuals who have applied or interviewed for a position of employment where work will be performed for and completed under the direction of the named insured. B. Bodily injury means physical injury sickness or disease including death resulting therefrom. C. Claim means a written demand for monetary and non monetary relief including any request to toll or waive any statute of limitations. The term claim shall also mean an Equal Employment Opportunity Commission EEOC Department of Labor DOL or Office of Federal Contract Compliance Program OFCCP or similar federal state or local agency proceeding or investigation commenced by the filing of a notice of charges service of a complaint or similar document of which notice has been given to you. However in no event shall the term claim include any labor or grievance proceeding which is subject to a collective bargaining agreement. D. Class action suit means any suit seeking certification or certified as a class action by a federal or state court. E. Defense costs means reasonable and necessary fees costs and expenses consented to by us resulting solely from the investigation adjustment defense and appeal of a claim or suit against you. In no event shall defense costs include your or our routine on going expenses including without limitation the salaries of your or our employees officers or staff attorneys. F. Domestic partner means any natural person legally recognized as a domestic or civil union partner under Page 7 of 9 | 2 |
. Property damage means physical injury to or destruction of tangible property including the loss of use thereof or loss of use of tangible property which has not been physically injured or destroyed. Recognized volunteer means an uncompensated individual who volunteers labor or services to you but only when performing such labor or services at the request of and under the direction of you.. Related wrongful employment acts means wrongful employment acts which are the same related or continuous orwrongful employment acts which arise from a common nucleus of facts. Claims or suits can allege related wrongful employment acts regardless of whether such claims or suits involve the same or different claimants insureds or legal causes of actions. Related third party violations means third party violations which are the same related or continuous or third party violations which arise from a common nucleus of facts. Claims or suits can allege related third party violations regardless of whether such claims or suits involve the same or different claimants insureds or legal causes of actions.. Retaliation means a wrongful employment act of an insured alleged to be in response to the actual or attempted exercise by an employee of any right that such employee has under the law. Subsidiary means 1. Any for profit organization which on or before the inception of the EPL coverage period is more than fifty 50 percent owned by the named insured either directly or indirectly through one or more of its subsidiaries or 2. A for profit organization which becomes a subsidiary during the EPL coverage period but only upon the condition that within ninety 90 days of its becoming a subsidiary the named insured shall have provided us with full particulars of the new subsidiary and agreed to any additional premium or amendment of the provisions of this EPL Coverage required by us relating to such new subsidiary. Further coverage as shall be afforded to the new subsidiary is conditioned upon the named insured paying when due any additional premium required by us relating to such new subsidiary. An organization becomes a subsdiary when the named insured owns more than fifty 50 percent ownership interest in such subsidiary either directly or indirectly through one or more of its subsidiaries. An organization ceases to be a subsidiary when the named insured ceases to own more than a fifty 50 percent ownership in such subsidiary either directly or indirectly through one or more of its subsidiaries. In all events coverage as is afforded under thisEPL Coverage with respect to a claim made or suit brought against any subsidiary or an insured of any subsidiary shall only apply to wrongful employment acts or third party violations commenced or allegedly commenced after the effective time that such subsidiary became a subsidiary and prior to the time that such subsidiary ceased to be a subsidiary.. Suit means a civil proceeding or an administrative proceeding seeking money damages and includes an arbitration mediation or any other alternative dispute resolution procedure seeking such damages to which the insured must submit or may submit with our consent. Suit shall not include any civil proceeding or administrative proceeding arising from any labor or grievance dispute which is subject to a collective bargaining agreement.. Third party violation means any actual or alleged discrimination or sexual harassment against your clients customers tenants or vendors. Third party violation shall also include any of the following as it relates to such discrimination or sexual harassment Violation of an individual s civil rights Libel Slander Humiliation Mental anguish Infliction of emotional distress Defamation Invasion of privacy or Any discrimination arising out of Title IIl of the Americans With Disabilities Act of 1990. Transaction means any of the following that occur during the EPL coverage period 1. The named insured shall consolidate with or merge into or sell all orsubstantially all of its assets to any other person or entity or group of persons or entities acting in concert or 2. Any person or entity or group of persons or entities acting in concert shall acquire an amount of the outstanding securities representing more than fifty 50 percent of the voting power for the election of directors or General Partners of the named insured in the event the named insured is a Partnership or acquires the voting rights of such an amount of such securities or PNOOEWwN 3. A General Partner of the named insured in the event the named insured is a partnership withdraws resigns or is terminated. Wrongful employment acts means any actual or alleged NAEP 000118 2017 The Hartford Steam Boiler Inspection and Insurance Company All rights reserved. Page 8 of 9 | 2 |
1. 12. Wrongful dismissal discharge or termination either actual or constructive including breach of an implied contract Harassment or coercion including sexual harassment whether quid pro quo hostile work environment or otherwise Discrimination including but not limited to discrimination based upon age gender race color national origin religion sexual orientaton or preference pregnancy disability or violation of Title Ill of the Americans With Disabilities Act of 1990 Retaliation including lockouts Employment related misrepresentations to your employee or applicant for employment with you Employment related libel slander humiliation mental anguish infliction of emotional distress defamation or invasion of privacy Wrongful failure to employ or promote Wrongful deprivation of career opportunity wrongful demotion or negligent employee evaluation including the giving of negative or defamatory statements in connection with an employee reference Wrongful discipline. Failure to provide or enforce adequate or consistent corporate policies and procedures relating to any wrongful employment act or third party violations Negligent supervision or hiring by an insured relating to any of the aboveor Violation of an individual s civil rights relating to any of the above. NAEP 000118 2017 The Hartford Steam Boiler Inspection and Insurance Company All rights reserved. Page 9 of 9 | 2 |
IL0017 11 98 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled 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. Ifnoticeis mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of the policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and 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 insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health and safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 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 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitied to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 2 3 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 o | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. d Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 a | 2 |
IL 01680312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES DUTIES This endorsement modifies insurance provided under the following 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 The following is added to the Duties Condition 2. Any seulemenl of a claim made or suit We will notify the first Named Insuredin writing of brought against the insured insured under o this coverage. The notice will be given not later 1. An initial offer to settle a claim made or suit than the 30th day after the date of the brought against any insured insured under settlement. this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. IL 01680312 Insurance Services Office Inc. 2011 Page 1 of 1 | 2 |
IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy However if this policy covers a condominium Condition is replaced by the following association and the condominium property is policy contains at least one residence or the 2. We may cancal this policy condominium declarationsconform with the a. By mailing or delivering to the first Named Texas Uniform Condominium Act then the Insured written notice of cancellation notice of cancellation as described above will stating the reason for cancellation at least be provided to the first Named Insured 30 days 10 days before the effective date of before the effective date of cancellation. We cancellation. will also provide 30 days written notice to each unit owner to whom we issued a certificate or memorandum of insurance by mailing or delivering the notice to each last mailing address known to us. IL02751113 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
b. For the following reasons if this policy does not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. c. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas 2 d c If the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. B. The following condition is added and supersedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Page 2 of 2 Insurance Services Office Inc. 2013 IL02751113 | 2 |
COMMERCIAL INTERLINE NAIL 010212 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDENTITY RECOVERY COVERAGE IDENTITY THEFT CASE MANAGEMENT SERVICE AND EXPENSE REIMBURSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART The following Identity Recovery Coverage has been endorsed onto your coverage form as a matter of convenience for policy issuance. The coverage and service provided under this endorsement are sepa rate from the underlying coverage. Identity Recovery Coverage is a first party coverage that inures to benefit of the owners of the insured entity. Identity Recovery Coverage includes reimbursement of speci fied legal expenses but such coverage is subject to the Identity Recovery coverage limit. Under Identity Recovery Coverage we do not have a duty to defend the insured from claims or suits. The limit and de ductible applicable to Identity Recovery Coverage are separate from and in addition to the limits and de ductibles that apply to the underlying coverage. The Common Policy Conditions apply to coverage under this Identity Recovery Coverage. The following is added as an Additional Coverage. If this is being endorsed onto a multi section form it is added to the Property section IDENTITY RECOVERY COVERAGE We will provide the Case Management Service and Expense Reimbursement Coverage indicated below if all of the following requirements are met 1. There has been an identity theft involving the personal identity of an identity recovery insured under this policy and 2. Such identity theft is first discovered by the identity recovery insured during the policy period for which this Identity Recovery Coverage is applicable and 3. Such identity theft is reported to us within 60 days after it is first discovered by the identity recovery insured. If all three of the requirements listed above have been met then we will provide the following to the identity recovery insured 1. Case Management Service Services of an identity recovery case man ager as needed to respond to the identity theft and 2. Expense Reimbursement Reimbursement of necessary and reasonable identity recovery expenses incurred as a direct result of the identity theft. This coverage is additional insurance. EXCLUSIONS The following additional exclusions apply to this coverage We do not cover loss or expense arising from any of the following. 1. The theft of a professional or business identity. 2. Any fraudulent dishonest or criminal act by an identity recovery insured or any person aiding or abetting an identity recovery insured or by any authorized representative of an identity recovery insured whether acting alone or in collusion with others. However this exclusion shall not apply to the interests of an identity recovery insured who has no knowledge of or involvement in such fraud dishonesty or criminal act. 3. An identity theft that is not reported in writing to the police. LIMITS Case Management Service is available as needed for any one identity theft for up to 12 consecutive months from the inception of the service. Expenses we incur to provide Case Management Service do not reduce the amount of limit available for Expense Reimbursement Coverage. Expense Reimbursement Coverage is subject to a limit of 15000 annual aggregate per identity recovery insured. Regardless of the number of claims this limit is the most we will pay for the total of all loss or expense arising out of all identity thefts to any one identity recovery insured which are first discovered by the identity recovery insured during the present annual policy period. If an identity theft is first discovered in one policy period and continues verage under Coverage. If tion form it is t Service and cated below if t eft involving ntity recovery overed by the oy o Page 1 0f 3 NAIL 010212 | 2 |
into other policy periods all loss and expense arising from such identity theft will be subject to the aggregate limit applicable to the policy period when the identity theft was first discovered. Legal costs as provided under item d. of the definition of identity recovery expenses are part of and not in addition to the Expense Reimbursement Coverage limit. Item e. Lost Wages and item f. Child and Elder Care Expenses of the definition of identity recovery expenses are jointly subject to a sublimit of 5000. This sublimit is part of and not in addition to the Expense Reimbursement Coverage limit. Coverage is limited to wages lost and expenses incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. Item g. Mental Health Counseling of the definition of identity recovery expenses is subject to a sublimit of 1000. This sublimit is part of and not in addition to the Expense Reimbursement Coverage limit. Coverage is limited to counseling that takes place within 12 months after the first discovery of the identity theft by the identity recovery insured. ltem h. Miscellaneous Unnamed Costs of the definition of identity recovery expenses is subject to a sublimit of 1000. This sublimit is part of and not in addition to the Expenses Reimbursement Coverage limit. Coverage is limited to costs incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. DEDUCTIBLE Neither the Case Management Service nor the Expense Reimbursement Coverage is subject to a deductible. CONDITIONS The following additional conditions apply to this coverage A. Help Line For assistance the identity recovery insured should call the Identity Recovery Help Line at 1 866 221 3645. The Identity Recovery Help Line can provide the identity recovery insured with 1. Information and advice for how to respond to a possible identity theft and 2. Instructions for how to submit a service request for Case Management Service andor a claim form for Expense Reimbursement Coverage. In some cases we may provide Case Management services at our expense to an identity recovery insured prior to a determination that a covered identity theft has occurred. Our provision of such services is not an admission of liability under the policy. We reserve the right to deny further coverage or service if after investigation we determine NAIL 010212 that a covered identity theft has not occurred. As respects Expense Reimbursement Coverage the identity recovery insured must send to us within 60 days after our request receipts bills or other records that support his or her claim for identity recovery expenses. B. Services The following conditions apply as respects any services provided by us or our designees to any identity recovery insured under this endorsement 1. Our ability to provide helpful services in the event of an identity theft depends on the cooperation permission and assistance of the identity recovery insured. 2. All services may not be available or applicable to all individuals. For example identity recovery insureds who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. 3. We do not warrant or guarantee that our services will end or eliminate all problems associated with an identity theft or prevent future identity thefts. DEFINITIONS With respect to the provisions of this endorsement only the following definitions are added 1. Identity Recovery Case Manager means one or more individuals assigned by us to assist an identity recovery insured with communications we deem necessary for re establishing the integrity of the personal identity of the identity recovery insured. This includes with the permission and cooperation of the identity recovery insured written and telephone communications with law enforcement authorities governmental agencies credit agencies and individual creditors and businesses. 2. Identity Recovery Expenses means the following when they are reasonable and necessary expenses that are incurred as a direct result of an identity theft a. Costs for re filing applications for loans grants or other credit instruments that are rejected solely as a result of an identity theft. b. Costs for notarizing affidavits or other similar documents long distance telephone calls and postage solely as a result of your efforts to report an identity theft or amend or rectify records as to your true name or identity as a result of an identity theft. c. Costs for credit reports from established credit bureaus. d. Fees and expenses for an attorney approved Page 2 of 3 | 2 |
by us for the following 1 The defense of any civil suit brought against an identity recovery insured. 2 The removal of any civil judgment wrongfully entered against an identity recovery insured. 3 Legal assistance for an identity recovery insured at an audit or hearing by a governmental agency. 4 Legal assistance in challenging the accuracy of the identity recovery insured s consumer credit report. 5 The defense of any criminal charges brought against an identity recovery insured arising from the actions of a third party using the personal identity of the identity recovery insured.. Actual lost wages of the identity recovery insured for time reasonably and necessarily taken away from work and away from the work premises. Time away from work includes partial or whole work days. Actual lost wages may include payment for vacation days discretionary days floating holidays and paid personal days. Actual lost wages does not include sick days or any loss arising from time taken away from self employment. Necessary time off does not include time off to do tasks that could reasonably have been done during non working hours.. Actual costs for supervision of children or elderly or infirm relatives or dependants of the identity recovery insured during time reasonably and necessarily taken away from such supervision. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured.. Actual costs for counseling from a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured.. Any other reasonable costs necessarily incurred by an identity recovery insured as a direct result of the identity theft. 1 Such costs include A Costs by the identity recovery insured to recover control over his or her personal identity. B Deductibles or service fees from financial institutions. 2 Such costs do not include A Costs to avoid prevent or detect identity theft or other loss. B Money lost or stolen. C Costs that are restricted or excluded elsewhere in this endorsement or policy. 3. Identity Recovery Insured means the following a. When the entity insured under this policy is a sole proprietorship the identity recovery insured is the individual person who is the sole proprietor of the insured entity. b. When the entity insured under this policy is a partnership the identity recovery insureds are the current partners. c. When the entity insured under this policy is a corporation or other organization the identity recovery insureds are all individuals having an ownership position of 20 or more of the insured entity. However if and only if there is no one who has such an ownership position then the identity recovery insured shall be 1 The chief executive of the insured entity or 2 As respects a religious institution the senior ministerial employee. An identity recovery insured must always be an individual person. The entity insured under this policy is not an identity recovery insured. 4. Identity Theft means the fraudulent use of the social security number or other method of identifying an identity recovery insured. This includes fraudulently using the personal identity of an identity recovery insured to establish credit accounts secure loans enter into contracts or commit crimes. Identity theft does not include the fraudulent use of a business name d b a or any other method of identifying a business activity. All other provisions of this policy apply. NAIL 010212 Page 3 of 3 | 2 |
POLICY NUMBER GL19750142 IL 05 01 20 NATIONAL AMERICAN INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTRA POLICY ANTI STACKING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART This policy may contain multiple coverage forms or endorsements that apply to a particular occurrence offense or loss. Such forms or endorsements may also contain differing Limits of Insurance. If coverage for a particular occurrence offense or loss is provided by more than one coverage form or endorsement the aggregate maximum Limit of Insurance under all coverage forms or endorsements shall not exceed the highest applicable Limit of Insurance under any one coverage form or endorsement and payment shall be made under only one such coverage form or endorsement. NAIL 0501 20 Page 1 of 1 | 2 |
Starr Indemnity Liability Company Starr Indemnity Liability Company Commercial Casualty Impairment Liability Program Claim Reporting Guidelines Please Send All Commercial Casualty Impairment Loss Notices To Gallagher Bassett 333 Research Court Norcross GA 30092 Claims E mail tnwclaimstnwinc.com Claims Fax 800 748 6159 After hours emergency call service 855 782 7750 Our preferred method of reporting is by email but Loss Notices may be submitted via certified mail or faxed. If immediate attention is needed e mailing or faxing the Loss Notice andor Claim or Litigation information is strongly recommended. If you have a claim related question and need to contact Gallagher Bassett by telephone please do so at 855 782 7750. Consult Your Policy For Loss Reporting Requirements Your policy states when to report a loss and details the information to be submitted with a First Notice of Loss. This is often found in the General Conditions section although it may be changed by an endorsement. Additionally the following information documentation will always be helpful in assisting us with our evaluation. Citing Starr Indemnity Liability Company policy or claim number in all correspondence. Providing a copy of any suit demand for arbitration or mediation a governmental agency notice claim letter or any similar notice. Sending a copy of any internal reports related to the loss. Forwarding copies of status reports prepared by your defense counsel andor your claim handler if the case has been pending for a period of time. Our claim s administrator will always acknowledge each First Notice of Loss initiate contact to open lines of communication and will request any additional information that may be needed. Our formal claims acknowledgment will identify the person responsible for handling your reported Claim and their specific contact information. If you have questions or would like to discuss a specific loss with one of our Claims Team members please feel free to contact us. Thank you. Starr Indemnity Liability Company Starr Indemnity Liability Company Commercial Casualty Impairment Liability Program Claim Reporting Guidelines Please Send All Commercial Casualty Impairment Loss Notices To Gallagher Bassett 333 Research Court Norcross GA 30092 Claims E mail thwclaimstnwinc.com Claims Fax 800 748 6159 After hours emergency call service 855 782 7750 Our preferred method of reporting is by email but Loss Notices may be submitted via certified mail or faxed. If immediate attention is needed e mailing or faxing the Loss Notice andor Claim or Litigation information is strongly recommended. If you have a claim related question and need to contact Gallagher Bassett by telephone please do so at 855 782 7750. Consult Your Policy For Loss Reporting Requirements Your policy states when to report a loss and details the information to be submitted with a First Notice of Loss. This is often found in the General Conditions section although it may be changed by an endorsement. Additionally the following information documentation will always be helpful in assisting us with our evaluation.. Citing Starr Indemnity Liability Company policy or claim number in all correspondence.. Providing a copy of any suit demand for arbitration or mediation a governmental agency notice claim letter or any similar notice.. Sending a copy of any internal reports related to the loss.. Forwarding copies of status reports prepared by your defense counsel andor your claim handler if the case has been pending for a period of time. Our claim s administrator will always acknowledge each First Notice of Loss initiate contact to open lines of communication and will request any additional information that may be needed. Our formal claims acknowledgment will identify the person responsible for handling your reported Claim and their specific contact information. If you have questions or would like to discuss a specific loss with one of our Claims Team members please feel free to contact us. Thank you. Starr Indemnity Liability Company Commercial Casualty Impairment Liability Program Claim Reporting Guidelines Please Send All Commercial Casualty Impairment Loss Notices To Gallagher Bassett 333 Research Court Norcross GA 30092 Claims E mail thwclaimstnwinc.com Claims Fax 800 748 6159 After hours emergency call service 855 782 7750 Our preferred method of reporting is by email but Loss Notices may be submitted via certified mail or faxed. If immediate attention is needed e mailing or faxing the Loss Notice andor Claim or Litigation information is strongly recommended. If you have a claim related question and need to contact Gallagher Bassett by telephone please do so at 855 782 7750. Consult Your Policy For Loss Reporting Requirements Your policy states when to report a loss and details the information to be submitted with a First Notice of Loss. This is often found in the General Conditions section although it may be changed by an endorsement. Additionally the following information documentation will always be helpful in assisting us with our evaluation.. Citing Starr Indemnity Liability Company policy or claim number in all correspondence.. Providing a copy of any suit demand for arbitration or mediation a governmental agency notice claim letter or any similar notice.. Sending a copy of any internal reports related to the loss.. Forwarding copies of status reports prepared by your defense counsel andor your claim handler if the case has been pending for a period of time. Our claim s administrator will always acknowledge each First Notice of Loss initiate contact to open lines of communication and will request any additional information that may be needed. Our formal claims acknowledgment will identify the person responsible for handling your reported Claim and their specific contact information. If you have questions or would like to discuss a specific loss with one of our Claims Team members please feel free to contact us. Thank you. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 FLORIDA AMENDMENT NOTICE OF CANCELLATION FOR THIRD PARTIES Policy Number 1000305120181 Effective Date September 30 2018 at 1201 A.M. Named Insured Checkers Drive In Restaurants Inc. This endorsement modifies the insurance coverage forms listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policyies carefully. Auto Dealers Coverage Form Business Auto Coverage Form Business Auto Physical Damage Coverage Form Commercial General Liability Coverage Form Contractor s Pollution Liability Coverage Form Electronic Data Liability Coverage Form Excess Liability Policy Form Garage Coverage Form Liquor Liability Coverage Form Motor Carrier Coverage Form Owners And Contractors Protective Liability Coverage Form Coverage For Operations Of Designated Contractor Pollution Liability Coverage Form Designated Sites Products Completed Operations Liability Coverage Form Product Withdrawal Coverage Form Professional Liability Coverage Form Railroad Protective Liability Coverage Form Site Pollution Liability Coverage Form Special Protective And Highway Liability Policy New York Department Of Transportation Truckers Coverage Form Underground Storage Tank Policy Designated Tanks. Itis agreed that in the event the Insurer cancels the policy for any reason other than non payment of premium the First Named Insured must within five 5 days of receiving the notice of cancellation provide the Insurer either directly or through the retail broker with a written list of certificate holders Schedule that the First Named Insured is contractually obligated to notify in the event that the policy is cancelled. The Schedule must specify the name and current email address of a contact for each certificate holder. The Insurer will provide notice of cancellation to the certificate holders listed in the Schedule by email. The Insurer agrees to provide such notice of cancellation at the premium computed in accordance with our rules and rates. The Insurer s failure to provide such notice will neither extend the policy cancellation nor negate cancellation of the policy nor will this failure result in obligation or liability of any kind upon the Insurer its agents or representatives. This endorsement does not affect in any way coverage provided under this policy the cancellation of this policy or the effective date of cancellation. The following definitions apply to this endorsement 1. First Named Insured means the named insured shown in the Declarations Page of this policy. 2. Insurer means the insurance company shown in the header on the Declarations Page of this policy. 3. Schedule means the written list of certificate holders. All other terms and conditions of this Policy remain unchanged. SIIL 102 FL 1014 Page 1 of 1 Copyright Starr Indemnity Liability Company. Al rights reserved. Includes copyrighted material of ISO Properties Inc. used with its permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 FLORIDA COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NO 1000305120181 RENEWAL OF NO 1000305120171 NAMED INSURED MAILING ADDRESS Checkers Drive In Restaurants Inc. 4300 W Cypress St Ste 600 Tampa FL 33607 PRODUCER S NAME MAILING ADDRESS Joseph M Agnello 444 W 47th Street Suite 900 Kansas City MO 64112 POLICY PERIOD From September 30 2018 to September 30 2019 at 1201 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS INDIVIDUAL PARTNERSHIP JJOINT VENTURE JLIMITED LIABILITY COMPANY X ORGANIZATION INCLUDING A CORPORATION BUT NOT INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIABILITY COMPANY DESCRIPTION OF BUSINESS Fast Food Restaurants IEATION OF ALL PREMISES YOU OWN RENT OR OCCUPY ON FILE WITH IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. POLICY PREMIUM 279698 Premium for Certified Acts of Terrorism Coverage 13319 Included in Policy Premium MINIMUM PREMIUM 251728 MINIMUM EARNED PREMIUM 69925 SCHEDULE OF STATE TAXES FEES AND SURCHARGES IF APPLICABLE See Attached Schedule State Taxes Fees and Surcharges shown are in addition to the above referenced Policy Premium. ENDORSEMENTS ATTACHED TO THIS POLICY SEE ATTACHED FORMS SCHEDULE GCGL 001 FL D 0813 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. Page 10f3 | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Date Issued October 25 2018 LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 1000000 ANY ONE PREMISE MEDICAL EXPENSE LIMIT ANY ONE PERSON 0 ANY ONE PERSON PERSONAL ADVERTISING INJURY LIMIT 1000000 ANY ONE PERSON OR ORGANIZATION GENERAL AGGREGATE 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 MIT RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES. CLASSIFICATION AND PREMIUM RATE ADVANCE PREMIUM CLASSIFICATION CODE PREMIUM Prem Ops Prod Comp Prem Ops Prod Comp NO. BASE Ops Ops ON FILE WITH COMPANY FOR THE LOCATIONS Total 279698 A AREA M ADMISSIONS 0 TOTAL OPERATING EXPENSES P PAYROLL S GROSS SALES T OTHER U UNITS EACH AUDIT PERIOD IF APPLICABLE X ANNUALLY SEMI ANNUALLY QUARTERLY MONTHLY GCGL 001 FL D 0813 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. Page 20f3 | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 ADDRESS OF INSURER AND ITS AUTHORIZED AGENTS FOR NOTICES UNDER THIS POLICY A. Claims Related Notices New Claims can be reported to Address Gallagher Bassett 333 Research Court tnwclaimstnwinc.com Norcross GA 30092 Claims Fax Number 800 748 6159 Claims Phone Number 855 782 7750 After hours emergency service call 855 782 7750 B. All Other Notices i To the Insurer Starr Indemnity Liability Comg 399 Park Avenue 8 Floor Address 333 Research Court Norcross GA 30092 Starr Indemnity Liability Company 399 Park Avenue 8 Floor New York NY 10022 THIS POLICY CONTAINS AGGREGATE LIMITS REFER TO SECTION IIl. LIMITS OF INSURANCE OF THE APPLICABLE COVERAGE PARTS FOR DETAILS The foregoing discloses all hazards insured hereunder known to exist at the inception date of this Policy unless otherwise stated herein by endorsement on this Policy. BY ek S S AUTHORIZED REPRESENTATIVE COUNTERSIGNED October 25 2018 DATE GCGL 001 FL D 0813 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. Page 30f3 | 2 |
Schedule of State Taxes Fees and Surcharges Page Schedule of State Taxes Fees and Surcharges If Applicable GCGL 001 FL D 0813 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. Page 1 of 1 | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 INTERLINE SIIL0000 1212 SIGNATURE PAGE In witness whereof we as officers of the stock Company designated on the Declarations Page have caused this policy to be executed and attested. If required by state law this policy shall not be valid unless countersigned by our authorized representative. Qe Gl Steve Blakey President MEM Nehemiah E. Ginsburg Senior Counsel and Senior Vice President SIIL 0000 1212 Page 1 of 1 Copyright Starr Indemnity Liability Company. Al rights reserved. Includes copyrighted material of ISO Properties Inc. used with its permission. | 2 |
Starr Indemnity Liability Company POLICYHOLDER NOTICE SIPN026 1117 IMPORTANT NOTICE TO POLICYHOLDER FLORIDA To present inquiries about coverage andor to obtain assistance in resolving any complaints You may call Starr Indemnity Liability Insurance Company s toll free telephone number at 1 866 519 2522 You may also write the company at Starr Indemnity Liability Company Attn Legal Department 399 Park Avenue New York NY 10022 You may contact the Florida Office of Insurance Regulation for assistance on resolving any complaints at 200 East Gaines Street Tallahassee FL 32399 Web Address www.floir.com Phone 877 693 5236 SIPN 026 1117 Page 1 of 1 | 2 |
IL P 0010104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your 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 0010104 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 Policy Number 1000305120181 Effective Date September 30 2018 at 1201 A.M. Named Insured Checkers Drive In Restaurants Inc. This policy includes all the forms and endorsements listed in the Schedule below SCHEDULE OF FORMS AND ENDORSEMENTS Claim Reporting Guidelines CLAIMS RPT 0000 Florida Amendment Notice of Cancellation For Third Parties SIIL 102 FL 1014 Florida Commercial General Liability Declarations GCGL 001 FL D 0813 Signature Page SIIL 0000 1212 Important Notice To Policyholder Florida SIPN 026 1117 U.S. Treasury Department s Office Of Foreign Assets Control OFAC IL P 001 01 04 Advisory Notice To Policyholders Schedule of Forms Endorsements PC 101 0209 Common Policy Conditions IL00 17 1198 Nuclear Energy Liability Exclusion Endorsement Broad Form IL 00 21 09 08 Disclosure Pursuant To Terrorism Risk Insurance Act IL 09 850115 Commercial General Liability Coverage Form CG 00010413 Employee Benefits Liability Insurance Claims Made Basis OG 188 0412 Florida Changes Cancellation And Nonrenewal CG 02200312 Earlier Notice of Cancellation Provided by Us CG 02241093 Additional Insured Owners Lessees Or Contractors Scheduled Person CG201004 13 Or Organization Additional Insured State Or Governmental Agency Or Subdivision Or CG 20130413 Political Subdivision Permits Or Authorizations Relating To Premises Additional Insured Vendors CG 20150413 CG 20130413 CG 20150413 PC 101 0209 Page 10f3 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 Additional Insured Mortgagee Assignee Or Receiver Additional Insured Designated Person Or Organization Additional Insured Designated Person Or Organization Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception Not Included Exclusion Coverage C Medical Payments Employment Related Practices Exclusion Total Pollution Exclusion With A Building Heating Cooling And Dehumidifying Equipment Exception And A Hostile Fire Exception Fungi Or Bacteria Exclusion Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses from Certified Acts of Terrorism Extended Reporting Period for Terrorism Coverage Waiver of Transfer of Rights of Recovery Against Others to Us Products Completed Operations Hazard Redefined Composite Rating Plan Premium Endorsement Notice and Knowledge of an Occurrence Endorsement Amendment of Other Insurance Primary and Non Contributory Condition Broad Form Named Insured Extension Schedule of Named Insureds Unintentional Errors and Omissions Endorsement Amendment of Limits of Insurance Per Project or Per Location Aggregate Limit CG 20180413 CG 20260413 CG 20260413 CG 210705 14 CG 21351001 CG 21471207 CG 21651204 CG 21671204 CG21710115 CG 219307 04 CG 24 04 05 09 CG 24 07 0196 0 G 100 1109 0 G 102 1014 OG 104 1014 0 G 107 0411 0 G 111 0611 0 G 112 0312 0 G 114 0711 0 G 139 0711 CG 20180413 CG 20260413 CG 20260413 CG 210705 14 CG 21351001 CG 21471207 CG 21651204 PC 101 0209 Page 20f3 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 Bodily Injury Definition Extension Endorsement Alienated Premises Endorsement Fellow Employee Exclusion Deleted Incidental Medical Malpractice Endorsement Newly Acquired or Formed Entities Personal and Advertising Injury Definition Extension Endorsement Self Insured Retention Endorsement Per Occurrence Additional Insured Where Required Under Contract or Agreement Additional Insured Designated Person or Organization OG 144 0312 0 G 158 0412 0 G 169 0412 0 G 170 0412 0 G 172 0412 OG 174 0412 0 G 179 0412 OG 184 0412 OG 213 04 1014 All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY LIABILITY COMPANY Sl mp Steve Blakey President Nehen Ihowial Limstlios Nehemiah E. Ginsburg General Counsel PC 101 0209 Page 30f3 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the 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 sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply 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 recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Named Insured shown in the IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 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 COVI 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 nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of 2. America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 2 ERAGE PART 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 behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 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 nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 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 behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property 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 nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component 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 concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 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 Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
IL 09 8501 15 POLICY NUMBER 1000305120181 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts 13319 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies Commercial General Liability Coverage Form Employee Benefits Liability Coverage Form Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 85 Year 2015 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 84 Year 2016 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 83 Year 2017 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 82 Year 2018 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 81 Year 2019 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 80 Year 2020 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations. his premium is the total Certified Acts premium attributable to the following Coverage Parts overage Forms andor Policyies ommercial General Liability Coverage Form mployee Benefits Liability Coverage Form dditional information if any concerning the terrorism premium 85 84 83 82 81 80 Year Year Year Year Year Year 2015 2016 2017 2018 2019 2020 IL 09 8501 15 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion.. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 IL 09 85 01 15 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM arious provisions in this policy restrict coverage. ead the entire policy carefully to determine rights uties and what is and is not covered. hroughout this policy the words you and your efer to the Named Insured shown in the Declarations nd any other person or organization qualifying as a lamed Insured under this policy. The words we us and our refer to the company providing this 1surance. he word insured means any person or organization ualifying as such under Section I Who Is An nsured. dther words and phrases that appear in quotation narks have special meaning. Refer to Section V Definitions. SECTION COVERAGES OVERAGE A BODILY INJURY AND PROPERTY AMAGE LIABILITY. 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 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 2 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 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 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 0of 15 | 0 |
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. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other 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. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply t i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is 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 Page 2 of 15 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b c d i used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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 CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 15 | 1 |
wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or b 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you 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 2 3 fa ffice Inc. 2012 CG 00010413 Page 4 of 15 Insurance Services Office Inc. 2012 | 1 |
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 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 B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 15 | 1 |
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.. 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. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time.. 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. Page 6 of 15 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
o. War reasc Personal and advertising injury however b. We will ma caused arising directly or indirectly out of fault. Thest 1 War including undeclared or civil war applicable N N 3. reasonable 2 Warlike action by a military force including Fi. action in hindering or defending against an 4 S td ale actual or expected attack by any accident government sovereign or other authority 2 Necessa using military personnel or other agents or dental 3 Insurrection rebellion revolution usurped devices power or action taken by governmental 3 Necessa authority in hindering or defending against professic any of these. 2. Exclusions p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising We will not pay a. Any Insure directly or indirectly out of any action or To any insu omission that violates or is alleged to violate b. Hired Persc 1 The Telephone Consumer Protection Act To a person TCPA including any amendment of or any insured addition to such law c. Injury On N 2 The CAN SPAM Act of 2003 including any To a perso amendment of or addition to such law you oifvn 3 The Fair Credit Reporting Act FCRA and occupies. any amendment of or addition to such law. including the Fair and Accurate Credit d. Workers C Transactions Act FACTA or To a persor 4 Any federal state or local statute Ir g m ordinance or regulation other than the worersy pe TCPA CAN SPAM Act of 2003 or FCRA oW Or 5 simn and their amendments and additions that addresses prohibits or limits the printing e. Athletics A dissemination disposal collecting To a person recording sending transmitting or participa communicating or distribution of material or games spo information.. Products C COVERAGE C MEDICAL PAYMENTS Included 1. Insuring Agreement operations a. We will pay medical expenses as described g. Coverage below for bodily injury caused by an accident Excluded ur.. SUPPLEMENTAR 1 On premises you own or rent AND B 2 On ways next to premises you own or rent 1. We will pay or investigate or 3 Because of your operations insured we defe provided that a. All expense a The accident takes place in the b. Up to 25 coverage territory and during the because of policy period arising out b The expenses are incurred and reported the Bodily Ir to us within one year of the date of the do not have accident and c. The cost of c The injured person submits to only for bo examination at our expense by limit of inst physicians of our choice as often as we these bonds CG 00010413 Insurance Services Office Inc. 2012 b. reasonably require. 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.. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. 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. Page 7 of 15 | 1 |
. 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.. 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 The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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 b c d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. 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. 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 s Office Inc. 2012 CG 00010413 Page 8 of 15 Insurance Services Office Inc. 2012 | 1 |
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 c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. int venture or limited nanagers if you are but only for acts ployment by you or ated to the conduct er none of these ser workers are onal and advertising ners or members if ip or joint venture f you are a limited 0 a coemployee se of his or her rming duties related our business or to er workers while lated to the conduct i parent brother or coemployee or s a consequence of ve. any obligation to Or repay someone lamages because of in Paragraph 1a or her providing or professional health operty used by care custody or hich physical control r any purpose by loyees volunteer r member if you are venture or any a limited liability your employee or organization while anager. ion having proper property if you die arising out of the hat property and sentative has been if you die but only as such. That all your rights and Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 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 Insurance Services Office Inc. 2012 Page 9 of 15 CG 00010413 Page 9 of 15 | 1 |
Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to 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 settiement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily s Office Inc. 2012 CG 00010413 Page 10 of 15 Insurance Services Office Inc. 2012 | 1 |
occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete 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 CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 15 | 1 |
a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 7. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 2 3 Page 12 of 15 Insurance Service 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or Insurance Services Office Inc. 2012 CG 00010413 | 1 |
failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 13. 14 15. f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 15 | 1 |
waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means c information fa created or us computer sof applications s CD ROMs tap devices or any electronically ct 18.Suit means a because of b personal and insurance appli a. An arbitrat damages ar must submi or b. Any other proceeding claimed anc our consent 19.Temporary w furnished to y employee or short term work 20.Volunteer wor your employee and acts at the duties determir salary or other else for their we 21.Your product a. Means 1 Any goc property distribute a You b Othe A busin and 2 Containe parts or with sucl b. Includes 1 Warranti time wit durability product 2 The prc warnings c. Does not ir property rel others but n 22.Your work a. Means 1 Work or Page 14 of 15 Insurance Services Office Inc. 2012 information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on CG 00010413 | 1 |
your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 15 | 1 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 Employee Benefits Liability Insurance Claims Made Basis Policy Number 1000305120181 Effective Date September 30 2018 at 1201 A.M. Named Insured Checkers Drive In Restaurants Inc. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTICE EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN THE COVERAGE OF THIS ENDORSEMENT IS GENERALLY LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE INSURER PURSUANT TO THE TERMS HEREIN. PLEASLE READ THIS ENDORSEMENT CAREFULLY AND DISCUSS THE COVERAGE THEREUNDER WITH YOUR INSURANCE AGENT OR BROKER. NOTICE THE LIMIT OF INSURANCE AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS SHALL BE REDUCED BY AMOUNTS INCURRED BY US FOR LEGAL DEFENSE. EMPLOYEE BENEFITS LIABILITY INSURANCE PROVIDES CLAIMS MADE COVERAGE Please read carefully ADDITIONAL DECLARATIONS ITEMS 1 LIMIT OF INSURANCE FOR EMPLOYEE BENEFITS LIABILITY INSURANCE Any payments made pursuant to this endorsement will be subject to and erode the General Aggregate Limit of the policy to which this endorsement is attached. 1000000 Each Wrongful Act or Series Of Related Wrongful Acts Limit 2 SELF INSURED y 5000 Each Wrongful act or series of related Wrongful acts. If applicable RETENTION then the insurance provided by this endorsement will only apply in excess Applicable if checked of the listed Self Insured Retention hereinafter Retained Limit. Additionally we shall have the right but not the duty to defend any suit against the Insured seeking damages on account of a Wrongful act or series of related Wrongful acts. 3 DEDUCTIBLE Each Wrongful act or series of related Wrongful acts. If Applicable if applicable then the Deductible is subject to the terms and conditions of checked the Deductible Endorsement Form A Form No. that is attached to the policy under Endorsement No. 4 RETROACTIVE DATE 09302016 5 ESTIMATED ANNUAL PREMIUM 1750 0 G 188 0412 Page 10f9 Copyright C. V. Starr Company and Starr Indemnity Liability Company. Allrights reserved. ode the General Applicable if checked DEDUCTIBLE Applicable if checked suit Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 A. For the purpose of coverage provided by this endorsement only SECTION COVERAGES is amended with the addition of the following COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay the Insured for those sums which the Insured shall become legally obligated to pay as damages because of any claim made against the Insured due to any Wrongful act of the Insured or any other person for whose acts the Insured is legally liable in the administration of the employee benefit program of the Insured. Except with respect to a Retained Limit as indicated in Item 2 of the Additional Declarations we have the right and duty to defend any suit against the Insured seeking damages on account of such negligent act error or omission even if any of the allegations of the suit are groundless false or fraudulent and we may make such investigation and settlement of any claim or suit as we deem expedient. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. But The amount we will pay for damages is limited as described in Section D. 1. of this endorsement headed Limits of Insurance the amounts we pay for allocated loss adjustment expenses will reduce the Limit of Insurance available as provided under Section D. 1. of this endorsement headed Limits of Insurance and our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments settlements or allocated loss adjustment expenses. n No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section C. of this endorsement. The insurance provided by this endorsement applies to damages only if 1 the damages did not occur before the Retroactive Date if any shown in Item 4. of the Additional Declarations or after the end of the policy period and 2 the claim for damages covered by this endorsement is first made against the insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Section E. 2. Optional Extended Reporting Period. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make settlement in accordance with Paragraph 1.a. above A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an employee because of any Wrongful act or series of related Wrongful acts including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any 0 G 188 0412 Page 20f 9 V. Starr Company anc demnity Liability Company. Al rights reserved. Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 insured. 2. Exclusions This endorsement does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act. Damages arising out of any intentional dishonest. fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon i 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes. Fines or Penalties Taxes fines or penalties including those imposed under the internal Revenue Code or any similar state or local law. Employment Practices 0 G 188 0412 Page 30f 9 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 Damages arising out of wrongful termination of employment discrimination or other employment related practices. k. Failure to Maintain Insurance on Bond Any claim made against the Insured based on or attributable to any failure or omission on the part of the Insured to effect and maintain insurance or bonding for Plan Property or Assets. B. For purposes of the coverage provided by this endorsement only Section Il Who Is An Insured is deleted in its entirety and replaced with the following Insured as used in this endorsement means the Named Insured provided that a if the Named Insured is designated as an individual the insurance applies only to the conduct of a business of which he is the sole proprietor and b the unqualified word Insured also includes the following A If the Named Insured is or includes a partnership or joint venture any partner or member thereof but only with respect to his liability as such B. Any executive officer director or stockholder of the Named Insured while acting within the scope of his duties as such C. Any employee provided such employee is authorized to act in the administration of the Employee Benefits Program of the Named Insured. C. For the purposes of the coverage provided by this endorsement only SECTION SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted in its entirety and replaced with the following ALLOCATED LOSS ADJUSTMENT EXPENSES EMPLOYEE BENEFITS LIABILITY COVERAGE a. If a Retention Amount is shown in Item 2. of the Additional Declarations above you are responsible for all Allocated Loss Adjustment Expenses we pay as Supplementary Payments according to the election indicated by an X below. If no election is indicated election i. shall apply. i AllAllocated Loss Adjustment Expenses up to the Retained Limit. However the most you are responsible for with respect to damages and Allocated Loss Adjustment Expenses combined shall not exceed the Retained Limit. ii. AllAllocated Loss Adjustment Expenses. iii. A part of Allocated Loss Adjustment Expenses. That part will be calculated by dividing the smaller of the Retained Limit or the damages you pay by the damages we pay. If we pay no damages you are responsible for all Allocated Loss Adjustment Expenses up to the applicable Retained Limit and of all remaining Allocated Loss Adjustment Expenses. iv. No Allocated Loss Adjustment Expenses. b. If a Deductible Amount is shown in Item 3. of the Additional Declarations above you must reimburse us for all Allocated Loss Adjustment Expense we pay as Supplementary Payments according to the election indicated in the Deductible Endorsement that is referred to in Item 3 of the Additional Declarations. c. With regard to either a Retained Limit or a Deductible 1 your duty to pay for Allocated Loss Adjustment Expenses applies separately to each Wrongful 0 G 188 0412 Page 4 of 9 Copyright C. V. Starr Company Indemnity Liability Company. Al ights reserved. Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured and 2 All payments made by us for Allocated Loss Adjustment Expenses will be within the Limits of Insurance as provided under Section D. 1. of this endorsement headed Limits of Insurance. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is revised as follows 1. Limits Of Insurance a. The Limits of Insurance shown in the Additional Declarations and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Wrongful act or series of related Wrongful acts or 5 Benefits included in your employee benefit program. b. The General Aggregate Limit as described in Section lll Limits Of Insurance 2. is amended to include the following paragraph d. All damages and all associated allocated loss adjustment expenses that we pay because of a Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured. c. Subject to the General Aggregate Limit the Each Wrongful Act or Series Of Related Wrongful Acts Limit as stated in Item 1. of the Additional Declarations is the most we will pay for all damages and all associated allocated loss adjustment expenses due to any one Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is 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. Retention Amount If a Retention Amount is shown in Item 2. of the Additional Declarations above the Limits of Insurance for the Coverage provided by this endorsement will apply in excess of the Retained Limit as stated in Item 2. of the Additional Declarations. Subject to additional Allocated Loss Adjustment Expenses the Retained Limit is the most an insured will pay for all damages due to any one Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured. 0 G 188 0412 Page 5 0f 9 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 3. Deductible If a Deductible Amount is shown in Item 3. of the Additional Declarations above you must reimburse us for all damages due to any one Wrongful act or series of related Wrongful acts committed in the administration of the employee benefit program of the Insured and any Allocated Loss Adjustment Expense we pay as Supplementary Payments according to the terms and conditions as provided for in the Deductible Endorsement that is referred to in Item 3 of the Additional Declarations. E. For the purpose of coverage provided by this endorsement only. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended with the addition of the following conditions 1. PREMIUM The premium stated in the ADDITIONAL DECLARATIONS is an estimated premium only. Upon termination of each annual period of this endorsement the Insured on request will furnish us a statement of the total number of employees at the end of the period. The earned premium shall be computed on the average of the number of employees at the end of the coverage period and that stated in the ADDITIONAL DECLARATIONS. If the earned premium thus computed exceeds the estimated premium paid the Insured shall pay the excess to us if less we shall return to the Insured the unearned portion paid by such Insured. OPTIONAL EXTENDED REPORTING ENDORSEMENT The coverage under the Employee Benefits Liability Endorsement may end because one of us chooses to cancel it or not renew it. If this is not the result of non payment of the premium then you have the right to purchase an Extended Reporting Period Endorsement. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It only extends the time to report covered claims that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. The claim must first be made against an Insured and reported to us within 3 years after the Employee Benefits Liability Endorsement ends and while the reporting endorsement is in effect. To obtain this reporting endorsement you must request it in writing and pay the additional premium within 30 days after this agreement ends. If we do nt receive written notice and payment within this period the Extended Reporting Period will not go into effect. Additionally you may not exercise this right at a later date. We ll sell you this endorsement for the additional premium. This additional premium will not exceed 200 of the annual premium for the Employee Benefits Liability Endorsement. Once you pay the premium we ca nt cancel the endorsement. We will determine the additional premium taking into account the following a. The exposures insured b. Previous types and amounts of insurance c. Limits of Liability available under the Employee Benefit Liability Insurance for future payment of damages and d. Other related factors. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 0 G 188 0412 Page 6 of 9 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 The optional Extended Reporting Endorsement does not reinstate or increase the Limits of Liability applicable to any claim to which The Employee Benefits Liability Endorsement applies. 3. CONFORMITY WITH STATUTE Terms of this endorsement which are in conflict with the statute of the state wherein this endorsement is issued are hereby amended to conform to such statutes. F. Special Conditions relating to the Retained Limit if applicable 1. With respect to the coverage provided by this endorsement only Section IV Commercial General Liability Conditions 2. Duties in the Event of Occurrence Offense claim or Suit a. is amended to read A. Periodic Notices on a annual basis you must provide us with a written summary loss run of all wrongful acts claims or suits which have or may result in payments within the Retained Limit. This written summary must show 1. The date of the wrongful act and 2. Adescription of the damage and 8. The amount paid or reserved including allocated loss adjustment expense resulting from the wrongful act claim or suit. Individual Notices of a wrongful act in addition to the Periodic Notices provided for in A. above you must see to it that we are notified as soon as practicable of any wrongful act which may result in a claim. Knowledge of a wrongful act by your agent your servant or your employee will not in itself constitute knowledge to you unless the Director of Risk Management or one with similar or equivalent title or his her designee at the address shown in the policy declarations will have received such notice. To the extent possible notice should include how when and where the wrongful act took place and the nature of any damage arising out of the wrongful act. You must provide us with any and all additional information material andor data subsequent to the original notice as it becomes available. 2. Claims Administration A. You will employ and pay without any reimbursement from us a firm acceptable to us for the purpose of providing claim services Claims Administrator. In the event of cancellation expiration or revision of the contract between you and the self insurance service company you will notify us within ten 10 days of the cancellation expiration or revision. B. Loss settlements made by you or the Claims Administrator will be within the terms conditions and limits of the policy. C. There will be no reduction of the Retained Limit because of payment of claims or suits arising from claims or suits for which coverage is not afforded to by the policy. 0 G 188 0412 Page 7 of 9 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 3. Bankruptcy Your bankruptcy insolvency inability to pay failure to pay or refusal to pay the Retained Limit will not increase our obligations under the policy. In the event there is insurance whether or not applicable to an wrongful act claim or suit within the Retained Limit you will continue to be responsible for the full amount of the Retained Limit before the limits of insurance under this policy apply. In no case will we be required to pay the Retained Limit or any portion thereof. Our obligations will attach only when the entire amount of the Retained Limit has been paid and then only in excess of the Retained Limit and not in excess of the total limit of insurance adjusted for any reduction in the aggregate limit of our liability. G. For the purpose of coverage provided by this endorsement only SECTION V DEFINITIONS is amended with the addition of the following definitions 1. Administration shall mean A. Giving counsel to employees with respect to the Employee benefit program B. Interpreting the Employee benefit program C. Handling of records in connection with the Employee benefit program Effective enroliment termination or cancellation of employees under the Employee benefit program provided all are acts which are authorized by the Named Insured. 2. Allocated Loss Adjustment Expenses means all fees for service of process and court costs and court expenses pre and post judgement interest attorneys fees cost of undercover operative and detective services costs of employing experts costs for legal transcripts copies of any public records and costs of depositions and court reported or recorded statements costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settiement or defense of a loss or a claim or suit against you or to the protection and perfection of your or our subrogation rights. Allocated Loss Adjustment Expenses shall not include our general overhead the salary and employee benefits of any of our employees nor the fees of any attorney who is our employee or under our permanent retainer nor the fees of any attorney we retain to provide counsel to us about our obligations if any under any policy issued by us or our affiliated company ies with respect to a claim or suit against you. 3. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 4. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 5. Employee benefit program means a program providing some or all of the following benefits to employees of the Insured whether provided through a cafeteria plan or otherwise a group life insurance group accident or health insurance dental vision and hearing plans provided that no one other than an employee of the Insured may subscribe to such benefits and such benefits are made generally available to those employees of the Insured who satisfy the plan s eligibility requirements b profit sharing plans employee savings plans pension plans employee stock subscription plans provided that no one other than an employee of the Insured may subscribe to such benefits and such benefits are made generally available to all employees of the Insured who are eligible under the plan for such benefits c workmen s compensation unemployment insurance social security benefits disability benefits 0 G 188 0412 Page 8.0f 9 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
Starr Indemnity Liability Company Dallas TX 1 866 519 2522 d Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and e Any other similar benefits designated in the Schedule or added thereto by endorsement. 6. Wrongful act means any actual or alleged negligent act error or omission in the administration of the Employee Benefits Plan. H For the purpose of coverage provided by this endorsement only Definitions 5. and 18. in SECTION V DEFINITIONS are replaced by the following 5.Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. 18. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. All other terms and conditions of this Policy remain unchanged. Signed for STARR INDEMNITY LIABILITY COMPANY Qen w Ihanial Lolors President Steve Blakey Nehemiah E. Ginsburg General Counsel Iofoninl Lolors Nehemiah E. Ginsburg General Counsel 0 G 188 0412 Page 9 0f 9 Copyright C. V. Starr Company and Starr Indemnity Liability Company. All rights reserved. Includes copyrighted material of ISO Properties Inc. used with ts permission. | 2 |
COMMERCIAL GENERAL LIABILITY CG 022003 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 3 Failure to comply with underwriting requirements established by the insurer 2. Cancellation Of Policies In Effect a. For 90 Days Or Less If this policy has been in effect for 90 days or less we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation accompanied by the reasons for cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 20 days before the effective date of cancellation if we cancel for any other reason except we may cancel immediately if there has been A material misstatement or misrepresentation or b A failure to comply with the underwriting requirements established by the insurer. b. For More Than 90 Days If this policy has been in effect for more than 90 days we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained by a material misstatement within 90 days of the effective date of coverage 4 A substantial change in the risk covered by the policy or The cancellation is for all insureds under such policies for a given class of insureds. If we cancel this policy for any of these reasons we will mail or deliver to the first Named Insured written notice of cancellation accompanied by the reasons for cancellation at least a 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b 45 days before the effective date of cancellation if we cancel for any of the other reasons stated in Paragraph 2.b. G B. Paragraph 3. of the Cancellation Common Policy Condition is replaced by the following 3. We will mail or deliver our notice to the first Named Insured at the last mailing address known to us. CG 02200312 Insurance Services Office Inc. 2011 Page 1 of 2 | 2 |
refund due shall be mailed within 10 working days of receipt of your audit. The cancellation will be effective even if we have not made or offered a refund. D. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal accompanied by the reason for nonrenewal at least 45 days prior to the expiration of this policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured at the last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. C. Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 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. If the return premium is not refunded with the notice of cancellation or when this policy is returned to us we will mail the refund within 15 working days after the date cancellation takes effect unless this is an audit policy. If this is an audit policy then subject to your full cooperation with us or our agent in securing the necessary data for audit we will return any premium refund due within 90 days of the date cancellation takes effect. If our audit is not completed within this time limitation then we shall accept your own audit and any premium Page 2 of 2 Insurance Services Office Inc. 2011 CG 02200312 | 2 |
POLICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 02241093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE POLICY NUMBER 1000305120181 Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CG 02241093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
POLICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations for them. Any Person or Organization contractually requiring status as an Additional Insured for ongoing operations you perform Locations of Covered Operations specifically requested by written contract or agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER 1000305120181 CG 20100413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
LICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 20130413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION PERMITS OR AUTHORIZATIONS RELATING TO PREMISES POLICY NUMBER 1000305120181 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision The City of Chicago Department of Transportation 121 N. LaSalle Street Room 905 Driveway Permits Chicago IL 60602 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule subject to the following additional provision This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own rent or control and to which this insurance applies 1. The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures or 2. The construction erection or removal of elevators or 3. The ownership maintenance or use of any elevators covered by this insurance. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20130413 Page 1 of 1 | 2 |
POLICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 201504 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Your Products Vendors who sell or distribute your products All Products Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. 2 C. With respect to the insurance afforded to these POLICY NUMBER 1000305120181 CG 20150413 Page 1 of 2 | 2 |
vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 CG20150413 | 2 |
POLICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 20180413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organizations Designation Of Premises Symetra Life Insurance Company co Thomas D. Wood and 9100 South Dadeland Blvd Ste 700 Miami FL Company 33156. In reference to Store 6395 ATIMA 1718 S. 1st Ave. Maywood IL 60153 Loan 4389 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations shown in the Schedule but only with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you and shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER 1000305120181 CG 20180413 Page 1 of 1 | 2 |
POLICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Any person or organization for whom you perform work under a written contract that required you to obtain this agreement from us. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER 1000305120181 CG 2026 0413 Page 1 of 1 | 2 |
POLICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Cleveland Browns Football Company LLC Cleveland Browns Stadium Company LLC JHAC LLC. 76 Lou Groza Blvd Berea OH 44017 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER 1000305120181 CG 2026 0413 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21070514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. As used in this exclusion electronic data means information facts or programs 2 This endorsement modifies insurance provided under the following stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 21070514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER 1000305120181 COMMERCIAL GENERAL LIABILITY CG 21351001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART POLICY NUMBER 1000305120181 SCHEDULE Description And Location Of Premises Or Classification All existing and acquired locations. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 2. The following is added to Section Supplementary Payments h. Expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. With respect to any premises or classification shown in the Schedule 1. Section Coverage C Medical Payments does not apply and none of the references to it in the Coverage Part apply and 2. The following is added to Section Supplementary Payments h. Expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. CG 21351001 ISO Properties Inc. 2000 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of 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 employment of that person 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. 3 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21651204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. This exclusion does not apply to a Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot 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 or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which b is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a b Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a 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. is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or i At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a b Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. CG 21651204 ISO Properties Inc. 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily B. The following exclusion is added to Paragraph 2. Injury And Property Damage Liability Exclusions of Section Coverage B 2. Exclusions Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating 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. a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or C. The following definition is added to the Definitions bacteria that are are on or are contained in a Section good or product intended for bodily Fungi means any type or form of fungus consumption. 9J y typ gus including mold or mildew and any mycotoxins ennree ecrente ar bhunrodiicte orodiiced or B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG21710115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the obvious physical CG 21710115 Insurance Services Office Inc. 2015 dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or Page 1 of 2 dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or Page 1 of 2 | 2 |
2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 CG21710115 | 2 |
COMMERCIAL GENERAL LIABILITY CG 219307 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED REPORTING PERIOD FOR TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CLAIMS MADE VERSION LIQUOR LIABILITY COVERAGE PART CLAIMS MADE VERSION POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART CLAIMS MADE VERSION UNDERGROUND STORAGE TANK POLICY The following provision is added and supersedes any provision to the contrary when an exclusion of terrorism contained in a Conditional Exclusion of Terrorism endorsement attached to this policy goes into effect. If a. An incident of terrorism occurred before the conditional exclusion went into effect but not before November 26 2002 b. A claim arising out of that incident would have been covered under the provisions of this insurance had the claim been made prior to the conditional exclusion taking effect and c. That claim is for any injury or damage arising out of the incident of terrorism and it is made within 5 years after the date the conditional exclusion went into effect that claim will be considered to have been first made prior to the time that the conditional exclusion went into effect. This provision does not apply to claims covered by subsequent insurance you purchase or that would have been covered but for the exhaustion of the amount of insurance applicable to such claims. The phrase any injury or damage means any injury or damage as defined in a Conditional Exclusion of Terrorism endorsement. c. That claim is for any injury or damage arising out of the incident of terrorism and it is made within 5 years after the date the conditional exclusion went into effect that claim will be considered to have been first made prior to the time that the conditional exclusion went into effect. This provision does not apply to claims covered by subsequent insurance you purchase or that would have been covered but for the exhaustion of the amount of insurance applicable to such claims. The phrase any injury or damage means any injury or damage as defined in a Conditional Exclusion of Terrorism endorsement. CG 21930704 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
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