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SECTION Il DEFENSE INVESTIGATION AND SETTLEMENT The Company will have the right and duty to defend any claim under Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE B. SECURITY AND PRIVACY LIABILITY COVERAGE C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE and D. PCI DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS even if the allegations of the claim are groundless false or fraudulent. The Company has the right to appoint counsel to defend any such claim. The Company may investigate or settle any claim at its sole discretion. The applicable limit of insurance will be reduced and may be completely exhausted by payment of defense costs. The Company will not be obligated to pay or defend any claim after the applicable limit of insurance has been exhausted. No insured will incur any defense costs or other expenses or settle any claim assume any contractual obligation admit liability voluntarily make any payment or otherwise consent to any settlement or judgment with respect to any claim without the Company s prior written consent which will not be unreasonably withheld. The Company will not be liable for any defense costs or other expenses settlement or judgment to which the Company has not consented. SECTION Il EXCLUSIONS This insurance does not apply to A. Any claim based upon arising out of resulting from in consequence of or in any way involving any multimedia peril security and privacy wrongful act security breach privacy breach adverse media report covered cause of loss cyber extortion threat or act of cyber terrorism W Which was the subject of written notice given to us or to any other insurer prior to the original inception date of this coverage Which was the subject of any prior or pending written demand made against an insured or a civil administrative or arbitration proceeding commenced against an insured prior to the original inception date of this coverage or that involved the same or substantially the same fact circumstance or situation underlying or alleged in such prior demand or proceeding 3 That was identified in any summary or statement of claims or potential claims submitted in connection with your application for insurance or 4 Which an insured had knowledge of prior to the original inception date of this coverage. B. Any claim based upon arising out of resulting from in consequence of or in any way involving any actual alleged or threatened discharge dispersal release or escape of pollutants or any direction request or voluntary decision to test for abate monitor clean up remove contain treat detoxify or neutralize pollutants nuclear material or nuclear waste. For purposes of this exclusion pollutants means any solid liquid gaseous or thermal irritant or contaminant including mold smoke vapor soot fumes acids alkalis chemicals odors noise lead oil or oil products radiation asbestos or asbestos containing products and waste and any electric magnetic or electromagnetic field of any frequency. Waste includes but is not limited to material that is or is to be recycled reconditioned or reclaimed. C. Any claim for liability assumed by an insured under any oral or written contract or agreement except where such liability would apply apart from such contract or agreement and is otherwise covered by this endorsement. With respect to any multimedia peril security breach or privacy breach this exclusion does not apply to any claim alleging liability assumed under contract. D. Any claim for breach of any express implied actual or constructive contract warranty guarantee or promise except where such liability would apply apart from such contract warranty guarantee or promise and is otherwise covered by this endorsement. This exclusion does not apply to any claim alleging breach of your privacy policy or liability assumed by contract. EPA1797 042017 Page 5 of 24 | 2 |
Any business joint venture or enterprise which is not named on the Declarations or by endorsement to the policy. Any claim for violation of the False Claims Act or any similar federal or state law rule or regulation concerning billing errors or fraudulent billing practices or abuse. Any claim for infringement of any patent or the misappropriation theft copying display or publication of any trade secret. Any claim for unfair competition price fixing deceptive trade practices restraint of trade or violation of any anti trust laws. Any claim based upon arising out of resulting from in consequence of or in any way involving W Any employment or employment related matters including but not limited to employer employee relations policies acts or omissions Any actual or alleged refusal to employ any person or any other actual or alleged misconduct with respect to employees or 3 Any actual or alleged obligations of an insured under any workers compensation unemployment insurance social security disability benefits or other similar law. This exclusion does not apply to an otherwise covered claim under Coverage Agreement B. SECURITY AND PRIVACY LIABILITY COVERAGE of SECTION I COVERAGE AGREEMENTS which is brought by your past present or future employee alleging a security and privacy wrongful act. Any claim for bodily injury or property damage. Any claim for harassment or discrimination because of or relating to race creed color age sex sexual orientation or preference national origin religion handicap disability political affiliation marital status or any other basis prohibited by federal state or local law. Any claim based upon arising out of resulting from in consequence of or in any way involving W Satellite failures 2 Electrical or mechanical failure or interruption including but not limited to electrical disturbance spike brownout or blackout 3 Outages to gas water telephone cable telecommunications or other infrastructure unless such infrastructure is under your direct operational control and such claim is otherwise covered under Coverage Agreements F. NETWORK ASSET PROTECTION COVERAGE and H. CYBER TERRORISM COVERAGE of SECTION I COVERAGE AGREEMENTS 4 The failure of overhead transmission and distribution lines or 5 The gradual deterioration of subterranean insulation. Any claim for violation of any of United States of America s economic or trade sanctions including but not limited to sanctions administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Any criminal proceeding. Any claim based upon arising out of resulting from in consequence of or in any way involving any of the following if committed by an insured whether acting alone or in collusion with other persons W Any willful deliberately dishonest malicious or fraudulent act or omission 2 Any intentional violation of the law or your privacy policy or EPA1797 042017 Page 6 of 24 | 2 |
3 3 The gaining in fact of any profit remuneration or financial advantage to which an insured was not legally entitled. Notwithstanding the foregoing the insurance afforded by this endorsement will apply to defense costs incurred in defending any such claim until such time as there is a judgment or other final adjudication adverse to the insured establishing such willful dishonest fraudulent or malicious conduct. The Company will have the right to recover defense costs incurred in defending such claim from those parties found to have committed the conduct described in this exclusion. This exclusion does not apply to W Any insured that did not commit participate in or have knowledge of any conduct described in this exclusion or A claim resulting from sabotage by your employee. Any claim based upon arising out of resulting from in consequence of or in any way involving W Any actual or alleged multimedia peril security and privacy wrongful act security breach privacy breach covered cause of loss cyber extortion threat act of cyber terrorism or adverse media report that took place or first commenced prior to the retroactive date or Any actual or alleged multimedia peril security and privacy wrongful act security breach privacy breach covered cause of loss cyber extortion threat act of cyber terrorism or adverse media report that took place on or after the retroactive date which together with an actual or alleged multimedia peril security and privacy wrongful act security breach privacy breach covered cause of loss cyber extortion threat act of cyber terrorism or adverse media report that took place prior to the retroactive date would constitute related multimedia perils security and privacy wrongful acts security breaches privacy breaches covered causes of loss cyber extortion threats acts of cyber terrorism or adverse media reports. For purposes of this exclusion multimedia perils security and privacy wrongful acts security breaches privacy breaches covered causes of loss cyber extortion threats acts of cyber terrorism or adverse media reports will be deemed related if we determine that they are logically or causally connected by any common fact circumstance situation event transaction or series of facts circumstances situations events or transactions. Any claim based upon arising out of resulting from in consequence of or in any way involving any conduct act error or omission of any individual serving in any capacity other than as your officer director partner stockholder trustee or employee. Any claim based upon arising out of resulting from in consequence of or in any way involving an insured s insolvency or bankruptcy the insolvency or bankruptcy of any other individual or entity or the failure inability or unwillingness to make payments because of the insolvency liquidation or bankruptcy of any individual or entity. Any claim based upon arising out of resulting from in consequence of or in any way involving the wear and tear drop in performance progressive deterioration or aging of your electronic equipment or computer hardware. Any claim based upon arising out of resulting from in consequence of or in any way involving fire smoke explosion lightning wind water flood earthquake volcanic eruption tidal wave landslide hail force majeure or any other physical event however caused. Any claim based upon arising out of resulting from in consequence of or in any way involving the gradual deterioration or wear and tear of an insured computer system. EPA1797 042017 Page 7 of 24 | 2 |
BB. cc. Any claim based upon arising out of resulting from in consequence of or in any way involving the actual or alleged inaccurate inadequate or incomplete description of the price of goods products or services. Any claim based upon arising out of resulting from in consequence of or in any way involving cost guarantees cost representations contract price or cost estimates being exceeded. Any claim brought by or on behalf of W An insured against another insured 2 Any entity which is owned in whole or in part by an insured or any entity directly or indirectly controlled operated or managed by an insured 3 Any entity which is a parent affiliate or subsidiary of any business organization or joint venture in which an insured is a partner or 4 Any individual or entity who is a partner of any business organization or joint venture in which an insured is also a partner. This exclusion does not apply to an otherwise covered claim under Coverage Agreement B. SECURITY AND PRIVACY LIABILITY COVERAGE of SECTION I COVERAGE AGREEMENTS which is brought by your past present or future employee alleging a security and privacy wrongful act. Any claim based upon arising out of resulting from in consequence of or in any way involving unauthorized trading. For purposes of this exclusion unauthorized trading means trading which at the time of the trade is W In excess of permitted financial limits or 2 Outside of permitted product lines. Any claim based upon arising out of resulting from in consequence of or in any way involving W The actual or alleged purchase or sale of securities or an offer or solicitation of an offer to purchase or sell securities The actual or alleged loss of value of any securities or 3 Any actual or alleged violation of any securities law such as the provisions of the Securities Act of 1933 the Securities Exchange Act of 1934 the Sarbanes Oxley Act of 2002 or any regulation promulgated under the foregoing statutes or any federal state local or foreign laws similar to the foregoing statutes including Blue Sky laws whether such law is statutory regulatory or common law. Any claim for violation of the Organized Crime Control Act of 1970 commonly known as Racketeer Influenced And Corrupt Organizations Act or RICO as amended or any regulation promulgated under the foregoing statutes or any similar federal state local or foreign laws whether such law is statutory regulatory or common law. Any claim which is brought by the Federal Trade Commission the Federal Communications Commission or any other federal state or local governmental entity in such entity s regulatory or official capacity. This exclusion does not apply to an otherwise covered claim under Coverage Agreement C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE of SECTION COVERAGE AGREEMENTS. Any claim alleging W The violation of any pension healthcare welfare profit sharing or mutual or investment plans funds or trusts or The violation of any provision of the Employee Retirement Income Security Act of 1974 and its EPA1797 042017 Page 8 of 24 | 2 |
DD. EE. FF. GG. HH. JJ. KK. amendments andor the Pension Protection Act of 2006 and its amendments or any regulation ruling or order issued pursuant thereto. Any claim based upon arising out of resulting from in consequence of or in any way involving W Strikes or similar labor actions war invasion act of foreign enemy hostilities or warlike operations whether declared or not civil war mutiny civili commotion assuming the proportions of or amounting to a popular uprising military uprising insurrection rebellion revolution military or usurped power or any action taken to hinder or defend against these actions The confiscation commandeering nationalization requisition or destruction of or damage to property including computer hardware by or under the order of any government or public authority for whatever reason or 3 Any action taken in controlling preventing suppressing or in any way relating to DD.1 or DD.2 above. This exclusion does not apply to an act of cyber terrorism. Any claim based upon arising out of resulting from in consequence of or in any way involving your commercial decision to cease providing a particular product or service but only if you are contractually obligated to continue providing such products or services. Any claim based upon arising out of resulting from in consequence of or in any way involving W Gambling or pornography 2 Prizes awards or coupons or 3 The sale or provision of prohibited restricted or regulated items such as alcoholic beverages tobacco or drugs. Any claim based upon arising out of resulting from in consequence of or in any way involving the use of programs that are not operational programs or delivered programs. Any claim based upon arising out of resulting from in consequence of or in any way involving an insured s intentional use of illegal or unlicensed programs. Any claim based upon arising out of resulting from in consequence of or in any way involving the existence emission or discharge of any electromagnetic field electromagnetic radiation or electromagnetism that affects the health safety or condition of any person or the environment or that affects the value marketability condition or use of any property. Any claim based upon arising out of resulting from in consequence of or in any way involving any violation of the Telephone Consumer Protection Act 47 U.S.C.227 the Telemarketing and Consumer Fraud and Abuse Prevention Act 15 U.S.C. 6101 6108 or the CAN SPAM Act 15 U.S.C. 7701 7713 as amended or any regulations promulgated thereunder or any similar federal state local or foreign laws whether such laws are statutory regulatory or common law including any anti spam law or other law concerning the use of telephonic or electronic communications for solicitation purposes or any allegations of invasion or violation of any rights to privacy derived therefrom. This exclusion does not apply to an otherwise covered claim under Coverage Agreements B. SECURITY AND PRIVACY LIABILITY COVERAGE and C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE of SECTION I COVERAGE AGREEMENTS alleging a violation of the CAN SPAM Act as amended or any regulations promulgated thereunder or any similar federal state local or foreign law whether such law is statutory regulatory or common law but only if such violation arises out of a security breach. Any claim based upon arising out of resulting from in consequence of or in any way involving W Any violation of the PCI Data Security Standard or any payment card company rules or 2 EPA1797 042017 Page 9 of 24 | 2 |
2 LL. MM NN. The failure to implement maintain or comply with any security measures or standards related to payment card data including any fine or penalty imposed by a payment card company on a merchant bank or payment processor that you have paid or agreed to reimburse or indemnify. This exclusion does not apply to an otherwise covered claim under Coverage Agreement D. PCI DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS. With respect to subparagraph 1 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE of SECTION I COVERAGE AGREEMENTS W Any amount incurred in restoring updating or replacing digital assets to a level beyond that which existed prior to the covered cause of loss Physical damage to the computer hardware or data center other than accidental physical damage or destruction of electronic media so that stored digital assets are no longer machine readable 3 Contractual penalties or consequential damages 4 Any liability to third parties for whatever reason including legal costs and expenses of any type 5 Fines or penalties imposed by law 6 The economic or market value of digital assets M Costs or expenses incurred to identify patch or remediate software program errors or computer system vulnerabilities 8 Costs to upgrade redesign reconfigure or maintain an insured computer system to a level of functionality beyond that which existed prior to the covered cause of loss or 9 Any losses paid under subparagraph 2 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE of SECTION I COVERAGE AGREEMENTS. With respect to subparagraph 2 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE of SECTION I COVERAGE AGREEMENTS W Any loss arising out of updating or replacing digital assets to a level beyond that which existed prior to the covered cause of loss Contractual penalties or consequential damages 3 Any liability to third parties for whatever reason including legal costs and expenses of any type 4 Fines or penalties imposed by law 5 Costs or expenses incurred to identify patch or remediate software program errors or computer system vulnerabilities 6 Loss of goodwill and reputational harm Costs to upgrade redesign reconfigure or maintain an insured computer system to a level of functionality beyond that which existed prior to the covered cause of loss or 8 Any losses paid under subparagraph 1 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE of SECTION I COVERAGE AGREEMENTS. With respect to Coverage Agreement. BRANDGUARD COVERAGE of SECTION I COVERAGE AGREEMENTS Any amounts incurred by you in an effort to re establish your reputation including public relations expenses 2 Any amounts incurred in any claim that is insured by any other insurance except excess insurance 3 Any amounts incurred in connection with an adverse media report that also affects or refers in similar terms to a general security issue an industry or your specific competitors without any specific allegations regarding a privacy breach or security breach by an insured a BPO service provider an outsourced IT service provider or by others acting on your behalf and for whom you are legally responsible 4 Any civil or regulatory liability to third parties for whatever reason including legal costs and expenses of any type EPA1797 042017 Page 10 of 24 | 2 |
5 Contractual penalties or consequential damages 6 Privacy breach response costs notification expenses or breach support and credit monitoring expenses paid under Coverage Agreement E. PRIVACY BREACH RESPONSE COSTS NOTIFICATION EXPENSES AND BREACH SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE of SECTION I COVERAGE AGREEMENTS or Y Fines or penalties imposed by law or regulation. SECTION IV LIMITS OF LIABILITY A The limit of insurance shown in the Schedule as applicable to a Coverage Agreement is the most the Company will pay for each claim and in the aggregate under that Coverage Agreement including defense costs where applicable regardless of the number of insureds involved or affected the number of individuals or entities making a claim or the number of claims made. Subject to the provisions respecting each Coverage Agreement the limit of insurance shown in Schedule as the Annual Aggregate Limit is the most the Company will pay for all claims made during the endorsement period under all Coverage Agreements combined. The Annual Aggregate Limit includes defense costs. If the Annual Aggregate Limit is exhausted then the Company s obligations under this endorsement will be deemed completely fulfilled and extinguished. All claims made under any one Coverage Agreement which arise out of the same related or continuing acts facts or circumstances will be considered a single claim without regard to the number of insureds claims or persons or entities making a claim and only one Each Claim limit will apply. Such claim will be deemed to have been first made on the date the earlier of the related claims was first made and will be deemed to have been first reported to the Company on the date the earlier of the related claims was first reported to the Company in writing. Appeals and any post trial proceedings or consolidated proceedings approved by us will be considered to be part of the original claim. In the event that a claim is made and applies to more than one Coverage Agreement only one Each Claim limit will apply. The Company has the sole discretion to allocate amounts paid if any against the appropriate limit of liability. SECTION V DEFINITIONS A Acquiring bank means a bank or financial institution that accepts credit and debit card payments including stored value cards and pre paid cards for products or services on behalf of a merchant including processing and crediting those payments to a merchant s account. Act of cyber terrorism means the premeditated use of information technology to organize and execute attacks or the threat thereof against computers computer systems networks or the internet by any person or group whether acting alone on behalf of or in connection with any organization or government which is committed for political religious or ideological purposes with the intention to influence any government put the public in fear or cause destruction or harm to critical infrastructure or data. Adverse media report means any report or communication of an actual or potential security breach or privacy breach which 1 Has been publicized through any media channel including but not limited to television print media radio or electronic networks the internet or electronic mail and 2 Threatens material damage to your reputation or brands. Assumed under contract means liability for damages resulting from a multimedia peril security EPA1797 042017 Page 11 of 24 | 2 |
breach or privacy breach where such liability has been assumed by you in the form of a written hold harmless or indemnity agreement provided that such agreement was executed prior to the date the multimedia peril security breach or privacy breach occurred. Bodily injury means physical injury sickness disease pain or death and if arising out of the foregoing mental anguish mental injury shock humiliation or emotional distress sustained by a person at any time. BPO service provider means any third party independent contractor that provides business process outsourcing services for your benefit under a written contract with you including but not limited to call center services fulfillment services and logistical support. Brand loss means your net profit as could have been reasonably projected immediately prior to notification or in the event of an adverse media report immediately prior to the publication of an adverse media report but which has been lost as a direct result of such notification or adverse media report. Brand loss will be determined in accordance with paragraph C. BRANDGUARD of SECTION VII. LOSS DETERMINATION. Breach support and credit monitoring expenses means those reasonable and necessary costs and expenses you incur with the Company s prior written consent for the provision of support activity to affected individuals in the event of a privacy breach including the cost to provide a maximum of twelve 12 months of credit monitoring and identity theft education or assistance. Card association means Visa International Mastercard Discover JCB American Express and any similar credit or debit card association that is a participating organization of the Payment Card Industry Security Standards Council. Claim means W With respect to Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE and B. SECURITY AND PRIVACY LIABILITY COVERAGE of SECTION I COVERAGE AGREEMENTS a Any written demand for monetary or non monetary relief made against an insured b Any civil proceeding or arbitration proceeding initiated against an insured commenced by the service of a summons complaint or similar pleading or notice or c Any written request to toll or waive a statute of limitations relating to a potential claim against an insured including any appeal therefrom. A claim under Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE and B. SECURITY AND PRIVACY LIABILITY COVERAGE of SECTION I COVERAGE AGREEMENTS will be deemed to be first made when an insured first receives notice of any of 1a through 1c above. With respect to Coverage Agreement C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE of SECTION I COVERAGE AGREEMENTS a government investigation commenced against an insured by letter notice complaint or order of investigation. A claim under paragraph C. will be deemed to be first made when it is first received by an insured. 3 With respect to Coverage Agreement D. PCl DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS a written demand made against an insured by an acquiring bank or card association for a PCl DSS assessment due to the insured s non compliance with the PCI Data Security Standard. A claim under Coverage Agreement D. PCl DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS will be deemed to be first made when such written demand is received by an insured. 2 3 EPA1797 042017 Page 12 of 24 | 2 |
4 4 With respect to Coverage Agreement E. PRIVACY BREACH RESPONSE COSTS NOTIFICATION EXPENSES AND BREACH SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE of SECTION I COVERAGE AGREEMENTS your written report to the Company of an adverse media report security breach or privacy breach. 5 With respect to Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE of SECTION I COVERAGE AGREEMENTS your written report to the Company of a covered cause of loss. 6 With respect to Coverage Agreement G. CYBER EXTORTION COVERAGE of SECTION I COVERAGE AGREEMENTS your written report to the Company of a cyber extortion threat. M With respect to Coverage Agreement H. CYBER TERRORISM COVERAGE of SECTION I COVERAGE AGREEMENTS your written report to the Company of an act of cyber terrorism. 8 With respect to Coverage Agreement. BRANDGUARD COVERAGE of SECTION I COVERAGE AGREEMENTS your written report to the Company of brand loss directly caused by an adverse media report or notification. Computer hardware means the physical components of any computer system including CPU s memory storage devices storage media input output devices and other peripheral devices and components including but not limited to cables connectors fiber optics wires power supply units keyboards display monitors and audio speakers. Computer program means an organized set of instructions that when executed causes a computer to behave in a predetermined manner. Computer program includes but is not limited to communication systems networking systems operating systems and related computer programs used to create maintain process retrieve store or transmit electronic data. Computer system means interconnected electronic wireless or web systems or similar systems including all computer hardware and software used to process and store data or information in an analogue digital electronic or wireless format including but not limited to computer programs electronic data operating systems firmware servers media libraries associated input and output devices mobile devices networking equipment websites extranets off line storage facilities to the extent that they hold electronic data and electronic backup equipment. Computer virus means a program that possesses the ability to create replicas of itself commonly known as an auto reproduction program within other programs or operating system areas and which is capable of spreading copies of itself wholly or in part to other computer systems. Covered cause of loss means and is limited to the following W Accidental Damage or Destruction a Accidental physical damage or destruction of electronic media so that stored digital assets are no longer machine readable b Accidental damage or destruction of computer hardware so that stored data is no longer machine readable c Failure in power supply or under over voltage but only if such power supply including back up generators is under your direct operational control d Programming error of delivered programs or e Electrostatic build up and static electricity. 5 6 7 8 EPA1797 042017 Page 13 of 24 | 2 |
Administrative or Operational Mistakes An accidental unintentional or negligent act error or omission by an insured a BPO service provider or outsourced IT service provider in a The entry or modification of your electronic data which causes damage to such data or b The creation handling development modification or maintenance of your digital assets or c The on going operation or maintenance of an insured computer system excluding the design architecture or configuration of an insured computer system. 3 Computer Crime and Computer Attacks A negligent act error or omission in the operation of an insured computer system or in the handling of your digital assets by an insured a BPO service provider or outsourced IT service provider which fails to prevent or hinder any of the following attacks on an insured computer system a A denial of service attack b Malicious code c Unauthorized access or d Unauthorized use. Criminal proceeding means any governmental action for enforcement of criminal laws including those offenses for which conviction could result in imprisonment or criminal fine. Cyber extortion expenses means all reasonable and necessary costs and expenses you incur with the Company s prior written consent as a direct result of a cyber extortion threat other than cyber extortion monies. Cyber extortion monies means any funds or property you pay with the Company s prior written consent to a person or organization reasonably believed to be responsible for a cyber extortion threat in order to terminate such cyber extortion threat. Cyber extortion threat means a credible threat or series of related credible threats including but not limited to a demand for cyber extortion monies directed at you to 1 Release divulge disseminate destroy or use the confidential information of a third party taken from an insured as a result of unauthorized access to or unauthorized use of an insured computer system 2 Introduce malicious code into an insured computer system 3 Corrupt damage or destroy an insured computer system 4 Restrict or hinder access to an insured computer system including but not limited to the threat of a denial of service attack or 5 Electronically communicate with your customers and falsely claim to be you or to be acting under your direction in order to falsely obtain personal or confidential information of a customer also known as pharming phishing or other types of false communications. Damages means the amount of money which an insured is legally obligated to pay as a result of a covered claim under Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE and B. SECURITY AND PRIVACY LIABILITY COVERAGE of SECTION I COVERAGE AGREEMENTS including judgments legal fees and costs awarded against an insured pursuant to such judgments and settlements negotiated with the Company s consent. Damages does not include EPA1797 042017 Page 14 of 24 | 2 |
BB. cc. W Taxes 2 Any amount for which an insured is absolved from legal responsibility to make payment to a third party 3 Amounts owed under contract 4 Your future profits or royalties or any return withdrawal restitution or reduction of your professional fees profits or other charges 5 Punitive liquidated or exemplary damages or the multiplied portion of multiplied damages 6 Fines sanctions or penalties Any matters that are deemed uninsurable under applicable law 8 The costs to comply with orders granting injunctive or non monetary relief including specific performance or any agreement to provide such relief 9 Disgorgement of any remuneration or financial advantage to which you were not legally entitled or 10 Settlements negotiated without the Company s consent. Data means any and all machine readable information including but not limited to ready for use programs applications account information personal information health and medical information or electronic information subject to back up procedures irrespective of the way it is used or rendered. Defense costs means reasonable and necessary legal fees and related costs and expenses incurred with the Company s consent in the investigation defense and appeal of any claim under Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE B. SECURITY AND PRIVACY LIABILITY COVERAGE C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE and D. PCI DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS. Defense costs does not include any wages salaries fees overhead or other charges incurred by or paid to any insured for time spent in cooperating in the defense and investigation of any claim or potential claim under this endorsement. Delivered programs means programs applications and software where the development stage has been finalized having passed all test runs and been proven successful in a live environment. Denial of service attack means an event caused by unauthorized or unexpected interference or a malicious attack intended by the perpetrator to overwhelm the capacity of a computer system by sending an excessive volume of electronic data to such computer system in order to prevent authorized access to such computer system. Digital assets means data and computer programs that exist in an insured computer system. Digital assets does not include computer hardware. Digital assets loss means reasonable and necessary expenses and costs you incur to replace recreate or restore digital assets to the same state and with the same contents immediately before it was damaged destroyed altered misused or stolen including expenses for materials and machine time. Digital assets loss also includes amounts representing employee work time to replace recreate or restore digital assets which shall be determined on a predefined billable hours or per hour basis as based upon your schedule of employee billable hours. Electronic media means floppy disks CD ROMs flash drives hard drives solid state drives magnetic tapes magnetic discs or any other media on which electronic data is recorded or stored. Endorsement period means the period of coverage beginning on the effective date specified on this endorsement and ending on the earlier of the termination expiration or cancellation date of the policy to which this endorsement attaches. Endorsement period does not include any extended reporting period. Firmware means the fixed programs that internally control basic low level operations in a device. EPA1797 042017 Page 15 of 24 | 2 |
DD. EE. FF. GG. HH. JJ. Government investigation means a formal investigation instituted against an insured by any federal state or local government agency or authority the subject matter of which is a privacy breach or security breach. Income loss means financial loss you sustain as determined in accordance with the provisions of subparagraph 2 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE and Coverage Agreement H. CYBER TERRORISM COVERAGE of SECTION COVERAGE AGREEMENTS. Insured means the named insured and current executive officers partners directors stockholders trustees or employees of the named insured but only while such individuals are acting within the scope of their duties on behalf of the named insured. Insured computer system means 1 A computer system operated by and either owned by or leased to you 2 With respect to Coverage Agreement B. SECURITY AND PRIVACY LIABILITY COVERAGE of SECTION I COVERAGE AGREEMENTS only a computer system operated by a BPO service provider or outsourced IT service provider and used for the sole purpose of providing hosted computer application services to you or for processing maintaining hosting or storing your electronic data pursuant to a written contract with you to provide such services. Interruption expenses means those expenses excluding special expenses which you incur in accordance with the provisions of subparagraph 2 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE and Coverage Agreement H. CYBER TERRORISM COVERAGE of SECTION I COVERAGE AGREEMENTS to W Avoid or minimize the suspension of your business as a result of a total or partial interruption degradation in service or failure of an insured computer system caused directly by a covered cause of loss or act of cyber terrorism which you would not have incurred had no covered cause of loss or act of cyber terrorism occurred including but not limited to the use of rented leased external equipment substitution of other work or production procedures use of third party services or additional staff expenditures or labor costs and Minimize or avoid a covered cause of loss or an act of cyber terrorism and continue your business. The amount of interruption expenses recoverable under paragraph A. above shall in no case exceed the amount by which the covered income loss is reduced by such incurred expenses. Malicious code means software intentionally designed to insert itself into and damage a computer system without the owner s informed consent by a variety of forms including but not limited to viruses worms Trojan horses spyware dishonest adware and crimeware. Multimedia peril means the release of or display of any electronic media on your internet site or print media for which you are responsible which directly results in any of the following W Any form of defamation or other tort related to the disparagement or harm to the reputation or character of any person or organization including libel slander product disparagement or trade libel Invasion infringement or interference with an individual s right of privacy or publicity including false light intrusion upon seclusion commercial misappropriation of name person or likeness or public disclosure of private facts 3 Plagiarism piracy or misappropriation of ideas under an implied contract 4 Infringement of copyright trademark trade name trade dress title slogan service mark or 2 EPA1797 042017 Page 16 of 24 | 2 |
KK. LL. MM NN. 00. PP. Qa. RR. SS. TT. service name or 5 Domain name infringement improper deep linking or framing. Named insured means the person or organization listed as such on the Declarations of the policy to which this endorsement attaches. Notification means written notice to affected individuals in the event of a security breach or a privacy breach. Notification expenses means W Those reasonable and necessary legal expenses computer forensic and investigation fees postage expenses and related advertising expenses incurred by you with the Company s prior written consent to comply with governmental privacy legislation mandating notice to affected individuals in the event of a security breach or privacy breach and Voluntary notification expenses incurred with the Company s prior written consent subject to the voluntary notification expenses sublimit. Operational programs means programs and software which are ready for operational use having been fully developed tested and accepted by you. Outsourced IT service provider means a third party independent contractor that provides information technology services for your benefit under a written contract with you. Outsourced IT service provider services include but are not limited to hosting security management co location and data storage. PCI Data Security Standard known as PCI DSS means the published data security standards of the Payment Card Industry Standards Council in effect now or as hereafter amended which all merchants and processors must follow when storing processing and transmitting cardholder data. PCI DSS assessment means monetary fines penalties or assessments such as fraud recoveries card reissuance costs operational expenses or compliance case costs which are imposed against an insured by an acquiring bank or card association as a result of a security breach or privacy breach. Period of indemnity means the period beginning with the earlier of the date of notification or the first publication of an adverse media report whichever applies and ending on the earlier of W The date that gross revenues are restored to the level they had been prior to notification or the first adverse media report whichever applies or One hundred eighty 180 consecutive days after the notice of brand loss is received by the Company. Period of restoration means the period of time beginning on the date when the interruption degradation or failure of an insured computer system began and ending on the earlier of W The date when the insured computer system is restored or could have been repaired or restored to the same condition functionality and level of service that existed prior to the covered cause of loss or act of cyber terrorism with reasonable diligence plus up to thirty 30 additional consecutive days after restoration of the insured computer system to allow for restoration of your business or One hundred twenty 120 consecutive days after the notice of covered cause of loss or act of cyber terrorism is received by the Company. Print media means newspapers newsletters magazines brochures books and literary works in any form or other types of publications and advertising materials including packaging photographs and digital images. 2 EPA1797 042017 Page 17 of 24 | 2 |
uu. wWw. XX. YY. Privacy breach means any of the below whether actual or alleged but only if committed or allegedly committed by an insured or by others acting on your behalf for whom you are legally responsible including BPO service providers and outsourced IT service providers W A common law breach of confidentiality infringement or violation of any right to privacy including but not limited to a breach of your privacy policy false light intrusion upon a person s seclusion commercial misappropriation of name person or likeness or public disclosure of a person s private information or Any breach or violation of U.S. federal state or local privacy statutes or regulations as they currently exist and as amended associated with confidentiality access control and use of personally identifiable non public information including but not limited to a The Health Insurance Portability and Accountability Act of 1996 Public Law 104 191 known as HIPAA and related state medical privacy laws b The Gramm Leach Bliley Act of 1999 GLBA also known as the Financial Services Modernization Act of 1999 c State and federal statutes and regulations regarding the security and privacy of consumer information d Governmental privacy protection regulations or laws associated with the control and use of personal information e Privacy provisions of consumer protection laws including the Federal Fair Credit Reporting Act FCRA and similar state laws f Title XIlI the Health Information Technology for Economic and Clinical Health Act HITECH of the American Recovery and Reinvestment Act of 2009 ARRA. A series of continuing privacy breaches related or repeated privacy breaches or multiple privacy breaches resulting from the same facts or circumstances will be considered a single privacy breach and will be deemed to have occurred at the time the first of such privacy breaches occurred. Privacy breach response costs means W Those reasonable and necessary public relations expenses you incur with the Company s prior written consent to avert or mitigate any material damage to your reputation or brands which results or reasonably will result from an adverse media report and Proactive privacy breach response costs incurred with the Company s prior written consent subject to the proactive privacy breach response costs sublimit. Proactive privacy breach response costs means those reasonable and necessary public relations expenses you incur in response to an actual or potential security breach or privacy breach but prior to the publication of an adverse media report in an effort to avert or mitigate the potential impact of such adverse media report. Proactive privacy breach response costs must be incurred with our prior written consent. Proactive privacy breach response costs sublimit means the maximum amount that the Company will pay for proactive privacy breach response costs. The proactive privacy breach response costs sublimit is included within and will erode the limits of liability applicable to Coverage Agreement E. PRIVACY BREACH RESPONSE COSTS NOTIFICATION EXPENSES AND BREACH SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE of SECTION I COVERAGE AGREEMENTS. Programming error means an error that occurs during the development or encoding of a computer program software or application which would when in operation result in a malfunction or incorrect operation of a computer system. EPA1797 042017 Page 18 of 24 | 2 |
zz. BBB. ccc. DDD. EEE. Property damage means injury to tangible property including all resulting loss of use of that property and loss of use of tangible property that is not physically injured. Data is not considered tangible property. Public relations expenses means reasonable and necessary fees and expenses you incur in the employment of a public relations consultant to re establish your reputation which was damaged as a direct result of an adverse media report. Regulatory compensatory award means a sum of money an insured is legally obligated to pay as an award or fund for affected individuals including a regulatory agency s monetary award to a third party due to an adverse judgment or settlement arising out of a government investigation. Regulatory compensatory award does not include any criminal penalty or fine issued by a regulatory agency of any kind including federal state or local governmental agencies. Regulatory fines and penalties means civil or administrative fines and penalties imposed against an insured as a result of a government investigation. Regulatory fines and penalties does not include W Any criminal fines or penalties of any nature 2 Any fines or penalties imposed against an insured for failure to comply with or follow the PCI Data Security Standard or any payment card company rules or 3 Any interest assessed on regulatory fines and penalties. Retroactive date means the date specified as such on this endorsement on or after which any multimedia peril security and privacy wrongful act security breach privacy breach covered cause of loss act of cyber terrorism or adverse media report must have taken place in order to be considered for coverage under this endorsement. Security and privacy wrongful act means any of the following acts whether actual or alleged but only if committed or allegedly committed by an insured 1 The failure to prevent or hinder a security breach which in turn results in a The alteration copying corruption destruction or deletion of or damage to electronic data stored on an insured computer system b Theft loss or unauthorized disclosure of electronic or non electronic confidential commercial corporate personally identifiable or private information that is in an insured s care custody or control c Theft loss or unauthorized disclosure of electronic or non electronic confidential commercial corporate personally identifiable or private information that is in the care custody or control of a BPO service provider or outsourced IT service provider that is holding processing or transferring such information on your behalf provided however that the theft loss or unauthorized disclosure occurs while your written contract with such BPO service provider or outsourced IT service provider is in effect or d Unauthorized use of or unauthorized access to a computer system other than an insured computer system The failure to timely disclose a security breach affecting personally identifiable nonpublic information or the failure to dispose of personally identifiable nonpublic information within the required time period in violation of privacy regulations in effect now or in the future 3 The failure to prevent the transmission of malicious code or computer virus from an insured computer system to the computer system of a third party 4 A privacy breach 5 The failure to prevent or hinder participation by an insured computer system in a denial of service attack directed against internet sites or the computer system of any third party or c 2 EPA1797 042017 Page 19 of 24 | 2 |
6 The loss of your employee s information. FFF. Security breach means any of the following whether a specifically targeted attack or a generally GGG. HHH. JJJ. KKK. LLL. distributed attack W Unauthorized access to or unauthorized use of an insured computer system including unauthorized access or unauthorized use resulting from the theft of a password from an insured computer system or from an insured A denial of service attack against an insured computer system or 3 Infection of an insured computer system by malicious code or the transmission of malicious code from an insured computer system. A series of continuing security breaches related or repeated security breaches or multiple security breaches resulting from a continuing failure of computer security will be considered a single security breach and will be deemed to have occurred at the time the first of such security breaches occurred. Special expenses means reasonable and necessary costs and expenses you incur to W Prevent preserve minimize or mitigate any further damage to your digital assets including the reasonable and necessary fees and expenses of specialists outside consultants or forensic experts Preserve critical evidence of any criminal or malicious wrongdoing 3 Purchase replacement licenses for computer programs because the copy protection system or access control software was damaged or destroyed by a covered cause of loss or act of cyber terrorism or 4 Notify customers of a total or partial interruption degradation in service or failure of an insured computer system resulting from a covered cause of loss or act of cyber terrorism. Unauthorized access means the gaining of access to a computer system by an unauthorized person. Unauthorized use means the use of a computer system by unauthorized persons or by authorized persons in an unauthorized manner. Voluntary notification expenses means reasonable and necessary legal expenses computer forensic and investigation fees postage expenses and related advertising expenses you incur to provide written notice to any individual or organization of a privacy breach or security breach where there is no specific legal requirement in the applicable jurisdiction mandating such notice. Voluntary notification expenses sublimit means the maximum amount that the Company will pay for voluntary notification expenses. The voluntary notification expenses sublimit is included within and will erode the limits of liability applicable to E. PRIVACY BREACH RESPONSE COSTS NOTIFICATION EXPENSES AND BREACH SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE of SECTION I COVERAGE AGREEMENTS. Waiting period means W With respect to subparagraph 2 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE and Coverage Agreement H. CYBER TERRORISM COVERAGE of SECTION I COVERAGE AGREEMENTS the 8 hour period which must elapse before income loss interruption expenses and special expenses may be payable. The waiting period applies to each period of restoration. With respect to Coverage Agreement. BRANDGUARD COVERAGE of SECTION I COVERAGE AGREEMENTS the two week period which must elapse after notification or in the event of an adverse media report after publication of the first adverse media report before brand loss may be payable. The waiting period applies to each period of indemnity. 2 3 4 2 EPA1797 042017 Page 20 of 24 | 2 |
MMM. You and your mean the named insured. NNN. Your reputation means the estimation of trust that customers or clients have in doing business with you or in purchasing your products or services. SECTION VI NOTICE PROVISIONS A NOTICE OF A CLAIM W As a condition precedent to coverage under Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE B. SECURITY AND PRIVACY LIABILITY COVERAGE C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE and D. PCl DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS an insured must give the Company written notice of any claim made against the insured no later than sixty 60 days after the claim is first made against the insured. As a condition precedent to coverage under Coverage Agreements E. PRIVACY BREACH RESPONSE COSTS NOTIFICATION EXPENSES AND BREACH SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE F. NETWORK ASSET PROTECTION COVERAGE G. CYBER EXTORTION COVERAGE H. CYBER TERRORISM COVERAGE and I. BRANDGUARD COVERAGE of SECTION I COVERAGE AGREEMENTS you must give the Company written notice of any claim no later than sixty 60 days from the date an insured first discovers the event or incident giving rise to such claim. 3 You must provide the Company with copies of all documentation comprising the claim as well as any authorization cooperation or assistance as the Company may require. 4 The Company will not be obligated to pay any amounts incurred prior to notice of a claim to the Company or amounts incurred without the Company s prior written consent. B. NOTICE OF A POTENTIAL CLAIM If during the endorsement period any insured first becomes aware of any facts or circumstances which could give rise to a claim covered under this endorsement and if the insured provides the Company with written notice during the endorsement period of W The details regarding such facts or circumstances 2 The nature of the loss incurred 3 The identity of the potential claimants involved 4 The manner in which the insured first became aware of the facts or circumstances and 5 The consequences which have resulted or may result then any claim subsequently made arising out of such reported facts or circumstances will be deemed to be a claim first made on the date notice complying with the foregoing requirements was first received by the Company. SECTION VII LOSS DETERMINATION A LOSS OF DIGITAL ASSETS For any and all coverage provided under subparagraph 1 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE of SECTION I COVERAGE AGREEMENTS digital assets loss will be determined as follows W If the impacted digital asset was purchased from a third party the Company will pay only the lesser of the original purchase price of the digital asset or the reasonable and necessary digital assets loss. If it is determined that the digital assets can not be replaced restored or recreated then the Company will only reimburse the actual and necessary digital assets loss incurred up to such 2 EPA1797 042017 Page 21 of 24 | 2 |
determination. NON PHYSICAL BUSINESS INTERRUPTION AND EXTRA EXPENSE AND CYBER TERRORISM For any and all coverage provided under subparagraph 2 of Coverage Agreement F. NETWORK ASSET PROTECTION COVERAGE and Coverage Agreement H. CYBER TERRORISM COVERAGE of SECTION I COVERAGE AGREEMENTS income loss will be determined as the reduction of your income during the period of restoration which is W Your net income net profit or loss before income taxes that would have been reasonably projected but which has been lost directly as a result of a total or partial interruption degradation in service or failure of an insured computer system caused directly by a covered cause of loss or act of cyber terrorism whichever applies. The income projection will take into account the prior experience of your business preceding the date of the covered cause of loss or act of cyber terrorism and the probable experience had no covered cause of loss or act of cyber terrorism occurred. Income includes the amount of money paid or payable to you for goods products or services sold delivered or rendered in the normal course of your business. The income projection will be reduced by the extent to which you use substitute methods facilities or personnel to maintain your revenue stream. The Company will take into consideration your documentation of the trends in your business and variations in or other circumstances affecting your business before or after the covered cause of loss or act of cyber terrorism which would have affected your business had no covered cause of loss or act of cyber terrorism occurred and Any fixed operating expenses including ordinary payroll incurred but only to the extent that such operating expenses must continue during the period of restoration. BRANDGUARD For any and all coverage provided under Coverage Agreement. BRANDGUARD COVERAGE of SECTION I COVERAGE AGREEMENTS brand loss will be calculated by taking into account the prior experience of your business preceding the date of the adverse media report or notification whichever applies and the probable experience had no adverse media report been published or notification occurred. Income includes the amount of money paid or payable to you for goods products or services sold delivered or rendered in the normal course of your business. The income projection will be reduced by the extent to which you use substitute methods facilities or personnel to maintain its revenue stream. The Company will take into consideration your documentation of the trends in your business and variations in or other circumstances affecting your business before or after the adverse media report or notification which would have affected your business had no adverse media report been published or notification occurred. Any fixed operating expenses including ordinary payroll incurred will be considered in calculating brand loss but only to the extent that such operating expenses must continue during the period of indemnity. SECTION VIl EXTENDED REPORTING PERIOD A AUTOMATIC EXTENDED REPORTING PERIOD In the event of non renewal or termination of this policy for any reason other than non payment of premium the Company will provide an Automatic Extended Reporting Period of sixty 60 days during which claims otherwise covered by this endorsement may be reported. Such Automatic Extended Reporting Period will commence immediately upon termination or expiration of this policy and will apply to W A claim under Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE B. SECURITY AND PRIVACY LIABILITY COVERAGE C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE and D. PCI DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS which EPA1797 042017 Page 22 of 24 | 2 |
2 a Arises out of an actual or alleged multimedia peril security and privacy wrongful act security breach or privacy breach whichever applies that takes place or first commences on or after the retroactive date but prior to the expiration or termination of the policy and b Is first made against an insured during the endorsement period but prior to the policy termination or expiration date and c Is reported in writing to the Company during the Automatic Extended Reporting Period. A claim under Coverage Agreements E. PRIVACY BREACH RESPONSE COSTS NOTIFICATION EXPENSES AND BREACH SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE F. NETWORK ASSET PROTECTION COVERAGE G. CYBER EXTORTION COVERAGE H. CYBER TERRORISM COVERAGE and I. BRANDGUARD COVERAGE of SECTION I COVERAGE AGREEMENTS which a Arises out of an adverse media report security breach privacy breach covered cause of loss cyber extortion threat or act of cyber terrorism whichever applies that takes place or first commences on or after the retroactive date but prior to the expiration or termination of the policy and b Is reported in writing to the Company during the Automatic Extended Reporting Period. SUPPLEMENTAL EXTENDED REPORTING PERIOD 1 You shall have the option upon payment of the required additional premium to purchase a Supplemental Extended Reporting Period of 12 months 24 months or 36 months following the effective date of termination of coverage. The Supplemental Extended Reporting Period will extend the time during which claims otherwise covered by this endorsement may be made and reported. If the Supplemental Extended Reporting Period is purchased the Automatic Extended Reporting Period will be included within the Supplemental Extended Reporting Period. Such Supplemental Extended Reporting Period will apply only to a A claim under Coverage Agreements A. MULTIMEDIA LIABILITY COVERAGE B. SECURITY AND PRIVACY LIABILITY COVERAGE C. PRIVACY REGULATORY DEFENSE AND PENALTIES COVERAGE and D. PClI DSS ASSESSMENT COVERAGE of SECTION I COVERAGE AGREEMENTS which i Arises out of an actual or alleged multimedia peril security and privacy wrongful act security breach or privacy breach whichever applies that takes place or first commences on or after the retroactive date but prior to the expiration or termination of the policy and ii Is first made against an insured during the Supplemental Extended Reporting Period and iii Is reported in writing to the Company no later than 60 days after the claim is first made against an insured. b A claim under Coverage Agreements E. PRIVACY BREACH RESPONSE COSTS NOTIFICATION EXPENSES AND BREACH SUPPORT AND CREDIT MONITORING EXPENSES COVERAGE F. NETWORK ASSET PROTECTION COVERAGE G. CYBER EXTORTION COVERAGE H. CYBER TERRORISM COVERAGE and I. BRANDGUARD COVERAGE of SECTION I COVERAGE AGREEMENTS which i Arises out of an adverse media report security breach privacy breach covered cause of loss cyber extortion threat or act of cyber terrorism whichever applies that takes place or first commences on or after the retroactive date but prior to the expiration or termination of the policy and EPA1797 042017 Page 23 of 24 | 2 |
i ii Is reported in writing to the Company during the Supplemental Extended Reporting Period but no later than 60 days from the date any insured discovers the adverse media report security breach privacy breach covered cause of loss cyber extortion threat act of cyber terrorism or brand loss whichever applies. The right to purchase the Supplemental Extended Reporting Period shall terminate unless written notice of such election together with full payment of the required additional premium due is received by us no later than sixty 60 days after the effective date of non renewal or termination of the policy. 3 The additional premium for the Supplemental Extended Reporting Period shall be a percentage of the rates for such coverage in effect on the later of the date the policy was issued or last renewed. 4 If you do not elect to purchase a Supplemental Extended Reporting Period then coverage under this endorsement will terminate at the end of the Automatic Extended Reporting Period. If you elect to purchase a Supplemental Extended Reporting Period coverage will terminate at the end of the Supplemental Extended Reporting Period. 5 Once in effect the Supplemental Extended Reporting Period may not be canceled and the entire premium will be deemed fully earned. We will not be liable to return any portion of the premium to you for such Supplemental Extended Reporting Period. If you have not paid the required additional premium for the Supplemental Extended Reporting Period when due then such Supplemental Extended Reporting Period shall be void. C. All terms and conditions of this endorsement including the limits of insurance will continue to apply during any extended reporting period. D. The existence of any extended reporting period will not increase or reinstate the limits of insurance shown in the Schedule. SECTION IX OTHER INSURANCE The coverage provided by this endorsement will be excess insurance over any other valid and collectible insurance available including any self insured retention or deductible portion thereof whether such insurance is stated to be primary pro rata contributory excess contingent or otherwise unless such insurance specifically applies as excess insurance over the insurance provided under this endorsement. SECTION X ARBITRATION Notwithstanding any other provision of this endorsement or the policy any irreconcilable dispute between the Company and an insured is to be resolved by arbitration in accordance with the then current rules of the American Arbitration Association except that the arbitration panel shall consist of one arbitrator selected by the insured one arbitrator selected by the Company and a third independent arbitrator selected by the first two arbitrators. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator has the power to decide any dispute between the Company and the insured concerning the application or interpretation of this endorsement. However the arbitrator shall have no power to change or add to the provisions of this endorsement. The insured and the Company will share equally in the cost of arbitration. 3 4 5 EPA1797 042017 Page 24 of 24 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCOOPERATION WITH AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to 5. Premium Audit of Section IV Commercial General Liability Conditions Notwithstanding any policy provision to the contrary failure of the first Named Insured to 1. Fully cooperate with a premium audit at the close of a premium audit period or 2. Pay additional premium generated by a premium audit will result in a. Cancellation of the current term policy and any renewal policy we issue as applicable and b. Our retention of any unearned premium. EPA1833 012018 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION FIREARMS AND OTHER WEAPONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I COVERAGES COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to bodily injury property damage or personal and advertising injury arising outof the use sale or demonstration of firearms or other weapons by any person whether or not caused 1. 2. 3. By atthe instigation of or with the direct or indirect involvement of you or your employees patrons orother persons in on near or away from your premises By or arising out of your failure to properly supervise or keep your premises in a safe condition By or arising out of any insured s act or omission in connection with the prevention suppression orfailure to warn including but not limited to negligent hiring training andor supervision or By or arising out of negligent reckless or wanton conduct by you your employees patrons or other persons. EPA1333 032018 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMUSEMENTS OR ACTIVITIES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY SCHEDULE Amusement or Activity This insurance does not apply to bodily injury to any person arising out of cooTe e. Boats submarines or any other floating objects Trains or miniature automobile rides Live animal rides or shows Mechanical or other devices or equipment providing rides or activities for adults or children including bungy jumping and ziplining or Any amusement or activity shown in the Schedule above. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. EPA1941 032019 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 40141219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANNABIS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added B. The exclusion in Paragraph A. does not apply to This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of a. The design cultivation manufacture storage processing packaging handling testing distribution sale serving furnishing possession or disposal of cannabis or b. The actual alleged threatened or suspected inhalation ingestion absorption or consumption of contact with exposure to existence of or presence of cannabis or 2. Property damage to cannabis. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved that which is described in Paragraph A.1. or A.2. above. However Paragraph A.1.b. does not apply to bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by 1 Aninsured or 2 Any other person for whom you are legally responsible but only if the bodily injury or property damage does not arise out of your selling serving or furnishing of cannabis to any person described above. personal and advertising injury arising out of the following offenses 1. False arrest detention or imprisonment or 2. The wrongful eviction from wrongful entry into or invasion of the right or private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor.. The following definition is added to the Definitions section Cannabis 1. Means Any good or product that consists of or contains any amount of Tetrahydrocannabinol THC or any other cannabinoid regardless of whether any such THC or cannabinoid is natural or synthetic. 2. Paragraph C.1. above includes but is not limited to any of the following containing such THC or cannabinoid a. Any plant of the genus Cannabis L. or any part thereof such as seeds stems flowers stalks and roots or b. Any compound byproduct extract derivative mixture or combination such as 1 Resin oil or wax 2 Hash or hemp or 3 Infused liquid or edible cannabis whether or not derived from any plant or part of any plant set forth in Paragraph C.2.a. je or personal it of manufacture ging handling ale serving r disposal of CG40141219 Insurance Services Office Inc. 2018 Page 1 of 1 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART 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 The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 1 of 1 o | 2 |
POLICY NUMBER PAV0214437 POLICY NUMBER PAV0214437 IL 09850115 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 535.00 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies Commercial General Liability Coverage Commercial Liquor Liability Coverage Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 80 Year 20 20 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses Refer to Paragraph B. in this endorsement. 80 o vear20 21 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act 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. his premium is the total Certified Acts premium attributable to the following Coverage Parts overage Forms andor Policyies ommercial General Liability Coverage ommercial Liquor Liability Coverage dditional information if any concerning the terrorism premium Year 20 20 Year 20 21 IL 09 850115 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
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. C. 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 850115 | 2 |
COMMERCIAL LINES POLICY LIQUOR LIABILITY COVERAGE FORM DECLARATIONS POLICY NUMBER PAV0214437 1. NAMED INSURED WS Dynoco Petroleum Management LLCPer Form IL1201 2. LIMITS OF INSURANCE Aggregate Limit 1000000 Each Common Cause Limit 1000000 3. DESCRIPTION AND LOCATIONS of all licensed premises you Own Rent or Occupy 2300 E Glendale Blvd Moapa NV 89025 4. DESCRIPTION OF HAZARDS LIQUOR LIABILITY PREM. BASIS 183141 2.800 ADVANCE PREMIUM 513.00 5. Policy may be AUDITABLE 6. SPECIFIC LIQUOR LIABILITY FORMS ENDORSEMENTS This page alone does not provide coverage and must be attached to a Commercial Lines Common Policy Declarations Page Common Policy Conditions Coverage Part Coverage Forms and any other applicable forms and endorsements. 80001197 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00330413 LIQUOR LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION LIQUOR LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of injury to which this insurance applies if liability for such injury is imposed on the insured by reason of the selling serving or furnishing of any alcoholic beverage. 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 injury to which this insurance does not apply. We may at our discretion investigate any injury 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to injury only if 1 The injury occurs during the policy period in the coverage territory and 2 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 injury or claim knew that the injury had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the injury occurred then any continuation change or resumption of such injury during or after the policy period will be deemed to have been known prior to the policy period. c. Injury 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 injury or claim includes any continuation change or resumption of that injury after the end of the policy period. d. Injury will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an injury or claim 1 Reports all or any part of the injury to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the injury or 3 Becomes aware by any other means that injury has occurred or has begun to occur. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Injury 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. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. CG 00330413 Insurance Services Office Inc. 2012 Page 1 of 6 | 2 |
c. 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. d. Liquor License Not In Effect Injury arising out of any alcoholic beverage sold served or furnished while any required license is not in effect. e. Your Product Injury arising out of your product. This exclusion does not apply to injury for which the insured or the insured s indemnitees 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. Other Insurance Any injury with respect to which other insurance is afforded or would be afforded but for the exhaustion of the limits of insurance. This exclusion does not apply if the other insurance responds to liability for injury imposed on the insured by reason of the selling serving or furnishing of any alcoholic beverage. g. War Injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. 2. These payments will All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer.. 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.. Expenses incurred by the insured for first aid administered to others at the time of an event to which this insurance applies. not reduce the limits of insurance. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual insureds. 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. you and your spouse are Isiness or are nt brother or sister as a consequence of whether the insured ployer or in any other obligation to share y someone else who use of the injury. ffect ny alcoholic beverage 2d while any required your product. This y to injury for which ed s indemnitees may of g to the intoxication of oholic beverages to a egal drinking age or f alcohol or e or regulation relating listribution or use of s A Page 2 of 6 Insurance Services Office Inc. 2012 CG 00330413 | 2 |
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 employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees is an insured for 1 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 or to a coemployee while that coemployee is either in the course of his or her employment or performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee as a consequence of Paragraph a above or 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 a or b above. 2 Property damage to property a Owned or occupied by or b Rented or loaned to that employee any of your other employees by any of your partners or members if you are a partnership or joint venture or by any of your members if you are a limited liability company. b. 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. b c c. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier and b. Coverage does not apply to injury that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lil 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 Aggregate Limit is the most we will pay for all injury as the result of the selling serving or furnishing of alcoholic beverages. 3. Subject to the Aggregate Limit the Each Common Cause Limit is the most we will pay for all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to 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 LIQUOR 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. int venture re a limited employee either in the ployment or the conduct t brother or yee as a a above or bligation to ay someone s because of graph a or 1 Ny. CG 00330413 Insurance Services Office Inc. 2012 Page 3 of 6 | 2 |
2. Duties In The Event Of Injury Claim Or Suit a. You must see to it that we are notified as soon as practicable of an injury which may result in a claim. To the extent possible notice should include 1 2 3 How when and where the injury took place The names and addresses of any injured persons and witnesses and The nature and location of any injury. b. If a claim is made or suit is brought against any insured you must 1 2 Immediately record the specifics of the claim or suit and the date received and 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 2 3 4 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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 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 settlement 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 this Coverage Part our obligations are limited as follows a. Primary Insurance 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 b. below. b. 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. Page 4 of 6 Insurance Services Office Inc. 2012 CG 00330413 | 2 |
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. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 2. 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 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 arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above or 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Injury means damages because of bodily injury and property damage including damages for care loss of services or loss of support.. 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.. 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.. Suit means a civil proceeding in which damages because of injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. CG 00330413 Insurance Services Office Inc. 2012 Page 5 of 6 | 2 |
10.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. Page 6 of 6 Insurance Services Office Inc. 2012 CG 00330413 | 2 |
POLICY NUMBER PAV0214437 POLICY NUMBER PAV0214437 COMMERCIAL GENERAL LIABILITY CG 03 0501 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following LIQUOR LIABILITY COVERAGE PART SCHEDULE Location 2300 E Glendale Blvd Moapa NV 89025 Coverage Amount and Basis of Deductible PER CLAIM or PER COMMON CAUSE Liquor Liability 500 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for injury however caused A. Our obligation under the Liquor Liability Coverage to pay damages on your behalf applies only to the amount of damages in excess of any deductible amount stated in the Schedule above. B. You may select a deductible amount on either a per claim or a per common cause basis. Your se lected deductible applies to the Liquor Liability Coverage and to the basis of the deductible indi cated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies under Lig uor Liability Coverage to all injuries sus tained by any one person or organization. 2. PER COMMON CAUSE BASIS. If the de ductible amount indicated in the Schedule above is on a per common cause basis that deductible amount applies under Liquor Liabil ity Coverage to all damages because of injury as the result of the selling serving or furnishing of any alcoholic beverage to any one person regardless of the number of per sons or organizations who sustain damages. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suit seeking those damages and 2. Your duties in the event of an injury claim or suit apply irrespective of the application of the de ductible amount. D. We may pay any part or all of the deductible amount to effect settlement of any claims or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. CG 03 0501 96 Copyright Insurance Services Office Inc. 1994 Page 1 of 1 a | 2 |
x D i ASSAULT OR BATTERY LIQUOR LIABILITY EXCLUSION x Group X THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following LIQUOR LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA ASSAULT OR BATTERY LIQUOR LIABILITY EXCLUSION In consideration of the premium charge it is understood and agreed that this insurance does not apply to liability for damages because of bodily injury property damage personal and advertising injury medical expense arising out of an assault battery or physical altercation that occurs in on near or away from an insured s premises 1 Whether or not caused by at the instigation of or with the direct or indirect involvement of an insured an insured s employees patrons or other persons in on near or away from an insured s premises or 2 Whether or not caused by or arising out of an insured s failure to properly supervise or keep an insured s premises in a safe condition or 3 Whether or not caused by or arising out of any insured s act or omission in connection with the prevention suppression failure to warn of the assault battery or physical altercation including but not limited to negligent hiring training andor supervision. 4 Whether or not caused by or arising out of negligent reckless or wanton conduct by an insured an insured s employees patrons or other persons. DEFINITIONS For purposes of this endorsement Assault means any attempt or threat to inflict injury to another including any conduct that would reasonably place another in apprehension of such injury. Battery means the intentional or reckless physical contact with or any use of force against a person without his or her consent that entails some injury or offensive touching whether or not the actual injury inflicted is intended or expected. The use of force includes but is not limited to the use of a weapon. Physical altercation means a dispute between individuals in which one or more persons sustain bodily injury arising out of the dispute. All other terms conditions and definitions of the Policy otherwise apply. 80010605 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCOOPERATION WITH AUDIT This endorsement modifies insurance provided under the following LIQUOR LIABILITY COVERAGE FORM The following is added to 5. Premium Audit of Section IV Liquor Liability Conditions Notwithstanding any policy provision to the contrary failure of the first Named Insured to 1. Fully cooperate with a premium audit at the close of a premium audit period or 2. Pay additional premium generated by a premium audit will result in a. Cancellation of the current term policy and any renewal policy we issue as applicable and b. Our retention of any unearned premium. EPA1834 012018 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
POLICY NUMBER 37 C 538817 IMPORTANT NOTICE TO POLICYHOLDERS DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT TERRORISM PREMIUM Coverage Premium if Covered oo o A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act as amended TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for certified acts of terrorism under TRIA. The portion of your premium attributable to such coverage is shown above in this notice. B. The following definition is added with respect to the provisions of this notice A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. Disclosure Of Federal Share Of Terrorism Losses Under TRIA The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under TRIA 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. The United States Government has not charged any premium for their participation in covering terrorism losses. Form G3318 4 Page 1 of 2 2015 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Cap On Insurer Liability for Terrorism Losses Under TRIA If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form Coverage Part or Policy. F. All other terms and conditions remain the same. Page 2 of 2 Form G3318 4 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS ADDITION OF TERRORISM COVERAGE This renewal policy contains certain modifications of coverage. Compared to your present policy your renewal may be broader in some areas and more restrictive in others. The brief statements below highlight some of these changes. NO COVERAGE IS PROVIDED BY THIS SUMMARY NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS IN YOUR POLICY. You should read your policy and review your Property Choice Schedule of Premises and Coverages to determine your rights duties and what is and is not covered. Please contact your Hartford agent or broker with any questions. If there is any conflict between the policy and the summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. SUMMARY OF CHANGE We have added coverage to your policy for certified acts of terrorism. In accordance with the federal Terrorism Risk Insurance Act as amended TRIA we must make terrorism coverage available in the policies we offer. However the actual coverage available under our policies for certified acts of terrorism is limited by the terms conditions exclusions and limits or by endorsements to your policy or binder. Coverage may also be limited by generally applicable rules of law and by the terms of the coverage quote to which this offer is attached. The premium for terrorism coverage is shown in your policy. A 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 under TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The United States Department of the Treasury will reimburse insurers for a portion of insured losses as indicated in the below table attributable to certified acts of terrorism that exceeds the applicable insurer deductible. Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 Form G4032 1 Page 1 of 2 | 2 |
However if aggregate insured losses under TRIA 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. The United States government has not charged any premium for their participation in covering terrorism losses. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. Page 2 of 2 Form G4032 1 | 2 |
NOTICE CONCERNING POLICYHOLDER RIGHTS IN AN INSOLVENCY UNDER THE MINNESOTA INSURANCE GUARANTY ASSOCIATION LAW The financial strength of your insurer is one of the most important things for you to consider when determining from whom to purchase a property or liability insurance policy. It is your best assurance that you will receive the protection for which you purchased the policy. If your insurer becomes insolvent you may have protection from the Minnesota Insurance Guaranty Association as described below but to the extent that your policy is not protected by the Minnesota Insurance Guaranty Association or if it exceeds the guaranty association s limits you will only have the assets if any of the insolvent insurer to satisfy your claim. Residents of Minnesota who purchase property and casualty or liability insurance from insurance companies licensed to do business in Minnesota are protected SUBJECT TO LIMITS AND EXCLUSIONS in the event the insurer becomes insolvent. This protection is provided by the Minnesota Insurance Guaranty Association. Minnesota Insurance Guaranty Association 7600 Parklawn Ave STE 460 Edina Minnesota 55435 952 831 1908 The maximum amount that the Minnesota Insurance Guaranty Association will pay in regard to a claim under all policies issued by the same insurer is limited to 300000. This limit does not apply to workers compensation insurance. Protection by the guaranty association is subject to other substantial limitations and exclusions. If your claim exceeds the guarantee association s limits you may still recover a part or all of that amount from the proceeds from the liquidation of the insolvent insurer if any exist. Funds to pay claims may not be immediately available. The guarantee association assesses insurers licensed to sell property and casualty or liability insurance in Minnesota after the insolvency occurs. Claims are paid from the assessment. THE PROTECTION PROVIDED BY THE GUARANTY ASSOCIATION IS NOT A SUBSTITUTE FOR USING CARE IN SELECTING INSURANCE COMPANIES THAT ARE WELL MANAGED AND FINANCIALLY STABLE. IN SELECTING AN INSURANCE COMPANY OR POLICY YOU SHOULD NOT RELY ON PROTECTION BY THE GUARANTY ASSOCIATION. THIS NOTICE IS REQUIRED BY THE MINNESOTA STATE LAW TO ADVISE POLICYHOLDERS OF PROPERTY AND CASUALTY INSURANCE POLICIES OF THEIR RIGHTS IN THE EVENT THEIR INSURANCE CARRIER BECOMES INSOLVENT. THIS NOTICE IN NO WAY IMPLIES THAT THE COMPANY CURRENTLY HAS ANY TYPE OF FINANCIAL PROBLEMS. ALL PROPERTY AND CASUALTY INSURANCE POLICIES ARE REQUIRED TO PROVIDE THIS NOTICE. Form G4065 0 Page 1 of 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS CLAIMS MADE COVERAGE Dear Policyholder This notice is not your policy. It is a notice which describes some of the major features of your claims made coverage. Please read your policy carefully to determine rights duties and what is and is not covered. Only the provisions of your policy determine the scope of your insurance protection. YOUR POLICY PROVIDES CERTAIN COVERAGES ON A CLAIMS MADE BASIS Occurrence Vs Claims Made There is no difference in the kinds of damages covered on an occurrence basis or a claims made basis. Claims for damages may be assigned to different policy periods however depending on which coverage you have purchased. Coverage on an occurrence policy is provided for injury or damage that occurs during the policy period no matter when the claim is made. Your claims made coverage provides for injury or damage if the claim for damages is first made against any insured during the policy period. A claim by a person or organization seeking damages will be considered as being first made when notice of such claim is received and recorded by any insured or by us whichever comes first. This insurance does not apply to a covered injury which occurred before the Retroactive Date or after the end of the policy period. RETROACTIVE DATE According to the terms and conditions of the claims made coverage each coverage may carry its own Retroactive Date. There is no coverage for damage that occurred before the Retroactive Date. If your coverage does not have a Retroactive Date the covered injury or loss must occur during the policy period. EXTENDED REPORTING PERIODS Your policy includes a Basic Extended Reporting Period of 60 days. However if a claim is made after the termination of your claims made policy or endorsement thereto you may not have coverage for the claim unless you purchase an Extended Reporting Period. Carefully review the provision entitted EXTENDED REPORTING PERIODS. These provisions have certain limitations including but not limited to the availability of and the length of coverage and the time during which you must purchase or accept any offered Extended Reporting Periods. Your claims made coverage contains certain limitations exclusions and conditions. Please read them carefully and consult your agent about any questions you might have. Form HS 99 46 06 05 Page 1 of 1 2005 The Hartford | 2 |
This SPECIAL MULTI FLEX POLICY is provided by the stock insurance companys of The Hartford Insurance Group shown below. COMMON POLICY DECLARATIONS POLICY NUMBER 37 C 538817 THE RENEWAL OF 37 C 538817 HARTFRD Named Insured and Mailing Address 1y yapyy COMPANIES INC. No. Street Town State Zip Code 401 STATE AVENUE WARROAD MN 56763 Policy Period Policy Period From 09012020 To 09012021 1201 a.m. Standard Time at your mailing address shown above. In return for the payment of the premium and subject to all of the terms of this policy we agree with you to provide insurance as stated in this policy. The Coverage Parts that are of this policy are listed below. The Advance Premium shown may be subject to adjustment. Total Advance Premium 61157 Coverage Part and Insurance Company Summary Advance Premium COMMERCIAL GENERAL LIABILITY HARTFORD FIRE INSURANCE COMPANY HARTFORD CT 06155 INCLUDED Form Numbers of Coverage Parts Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. HS00020605 Agent Broker Name LOCKTON COMPANIES LLC AGENCY CODE 272106 444 WEST 47TH STREET SUITE 900 KANSAS CITY MO 64112 Countersigned by SwornF Lastineata 09012020 Where required by law Authorized Representative Date 09212020 Form HM 00 10 01 07 | 2 |
COMMERCIAL GENERAL LIABILITY I COVERAGE PART DECLARATIONS DECLARATIONS POLICY NO. 37 c 38817 Previous Policy No. 37 C S38817 This COMMERCIAL GENERAL LIABILITY COVERAGE PART consists of A. This Declarations B. Commercial Liability Schedule if applicable C. Commercial General Liability Coverage Form and D. Any Endorsements issued to be part of this Coverage Part and listed below. 1. Audit Period is the Policy Period unless otherwise herein stated Semi Annual Quarterly Monthly x Annual Not subject to Audit 2. Advance Premium 61157 which is AFlat Charge Per Each Policy Period Adjustable at the end of each Audit Period Per Premium Computation Endorsement Minimum Retained Audit Premium 51831 Minimum Retained Premium 51831 not subject to adjustment in the event of cancellation by you. Applicable State Surcharges REFER TO SCHEDULE HC1210 Note charges if any are included in item 2. above 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy that apply are Each Occurrence 81000000 Personal and Advertising Injury Limit 1000000 Damage to Premises Rented To You Limit Any One Premises 1000000 Medical Payments Coverage Limit Any One Person General Aggregate Limit Other than Products Completed Operations Products Completed Operations Aggregate Limit 10000 2000000 NOT APPLICABLE 4. Classifications if any REFER TO EXTENSION SCHEDULE. 5. Business Description DISTRIBUTOR.MANUFACTURER OF HIGH QUALITY WINDOWS AND DOORS 6. Form Numbers of Coverage Forms and Endorsements forming a part of this policy SEE LISTING OF POLICY PROVISIONS AND ENDORSEMENTS FORMING A PART OF THE POLICY AT ISSUE. POLICY NO. 37 c s38817 09212020 Form HS 00 02 06 05 c 2005 The Hartford | 2 |
OLICY NUMBER 37 C s38817 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 C 538817 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE HG0001 09 16 COMMERCIAL GENERAL LIABILITY COVERAGE FORM HS2534 06 05 BROAD FORM NAMED INSURED HM9901 11 85 INSTALLMENT PAYMENT PLAN HS9906 06 05 PREMIUM COMPUTATION ENDORSEMENT HC1210 11 85 COMMERCIAL GENERAL LIABILITY SCHEDULE IH0310 06 11 NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS HS2432 06 05 EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT CLAIMS MADE 01 15 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM GN984718 HC2370 10 HS9855 01 06 ADJUSTMENT OF TERRORISM CHARGES AT AUDIT 11 HC2137 03 93 ABSOLUTE LEAD EXCLUSION 12 HS2530 06 08 PER LOCATION AMENDMENT OF GENERAL AGGREGATE SUBJECT TO MAXIMUM ANNUAL AGGREGATE LIMIT Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 C s38817 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 C 538817 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 13 CG2002 11 85 ADDITIONAL INSURED CLUB MEMBERS 14 G2028 04 13 ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT 15 G2028 04 13 ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT 16 CG2011 04 13 ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES 17 CG2015 04 13 ADDITIONAL INSURED VENDORS 18 CG2015 04 13 ADDITIONAL INSURED VENDORS 19 CG2026 04 13 04 13 04 13 04 13 04 13 04 13 ADDITIONAL INSURED ORGANIZATION ADDITIONAL INSURED ORGANIZATION ADDITIONAL INSURED ORGANIZATION ADDITIONAL INSURED ORGANIZATION ADDITIONAL INSURED ORGANIZATION ADDITIONAL INSURED ORGANIZATION DESIGNATED DESIGNATED DESIGNATED DESIGNATED DESIGNATED DESIGNATED PERSON PERSON PERSON PERSON PERSON PERSON OR OR OR OR OR OR 20 CG2026 21 CG2026 22 CG2026 23 CG2026 24 CG2026 Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 C s38817 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 C 538817 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. 25 26 27 28 FORM NUMBER CG2026 CG2026 CG2026 HS0402 04 13 04 13 04 13 01 88 TITLE ADDITIONAL INSURED ORGANIZATION ADDITIONAL INSURED ORGANIZATION ADDITIONAL INSURED ORGANIZATION ALIENATED PREMISES DESIGNATED PERSON OR DESIGNATED PERSON OR DESIGNATED PERSON OR COVERAGE 26 CG2026 27 CG2026 28 HS0402 29 G2417 10 01 CONTRACTUAL LIABILITY RAILROADS 30 CG0424 10 93 COVERAGE FOR INJURY TO LEASED WORKERS 31 CG2104 11 85 EXCLUSION PRODUCTS COMPLETED OPERATIONS HAZARD 32 HC2190 06 08 EXCLUSION FUNGI BACTERIA AND VIRUSES 33 HS2138 03 18 EXCLUSION RESIDENTIAL CONSTRUCTION 34 HC0403 12 07 FELLOW EMPLOYEE SUITS 35 HG2407 06 17 UNMANNED AIRCRAFT COVERAGE ENDORSEMENT 36 HC3052 12 18 AMENDMENT OF DEFINITION OF COVERAGE TERRITORY UNITED STATES Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 C s38817 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 C 538817 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 37 HS9948 02 13 IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS 38 CG2681 12 04 MINNESOTA CHANGES DUTIES CONDITION 38 CG2681 39 HS2531 06 05 AMENDMENT PREMIUMS AND PREMIUM AUDIT 40 HS2537 06 05 AMENDMENT POLICY PERIOD 41 HC2131 10 01 ABSOLUTE POLLUTION EXCLUSION EXCEPTION HOSTILE FIRE 42 G3418 0 PRODUCER COMPENSATION NOTICE 43 CG2605 02 07 MINNESOTA CHANGES 44 HC2186 10 01 ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 45 IL0021 46 IL0245 09 08 MINNESOTA CHANGES CANCELLATION AND NONRENEWAL 47 HS2532 06 08 AMENDMENT OTHER INSURANCE CONDITION 48 IH9940 04 09 U.S. DEPT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 C s38817 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 C 538817 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 49 HG0122 12 10 MINNESOTA CHANGES CONTRACTUAL LIABILITY EXCLUSION AND SUPPLEMENTARY PAYMENTS 50 IL0017 11 98 COMMON POLICY CONDITIONS 50 IL0017 51 IH9941 04 09 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT 52 HC2203 09 14 EXCLUSION AIRCRAFT PRODUCTS 53 HC3006 09 16 DISCRIMINATION AMENDMENT OF PERSONAL ADVERTISING INJURY DEFINITION 06 17 EXCLUSION UNMANNED AIRCRAFT 54 HC2314 Form HS 99 22 06 08 c 2008 The Hartford | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the stock insurance company member of The Hartford providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if HG 00 01 09 16 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. d. 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. e. Incidental Medical Malpractice And Good Samaritan Coverage Bodily injury arising out of the rendering of or failure to render the following health care services by any employee or volunteer worker shall be deemed to be caused by an occurrence for Page 1 of 21 2016 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. d. 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. e. Incidental Medical Malpractice And Good Samaritan Coverage Bodily injury arising out of the rendering of or failure to render the following health care services by any employee or volunteer worker shall be deemed to be caused by an occurrence for | 0 |
1 Professional health care services such as a Medical surgical dental laboratory x ray or nursing services or treatment advice or instruction or the related furnishing of food or beverages b Any health or therapeutic service treatment advice or instruction or c The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or 2 First aid services which include a Cardiopulmonary resuscitation whether performed manually or with a defibrillator or b Services performed as a Good Samaritan. For the purpose of determining the limits of insurance any act or omission together with all related acts or omissions in the fumnishing of these services to any one person will be considered one occurrence. However this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 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 or property damage 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 attorney 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 Page 2 of 21 a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or fumishing 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 HG 00 01 09 16 | 1 |
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 1 Whether the insured may be liable as an employer or in any other capacity and 2 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 aAt or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire bAt or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible dAt or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or 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 Page 3 of 21 HG 00 01 09 16 | 1 |
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 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 51 feet long and b Not being used to carry persons 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 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 definiton of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment or 6 An aircraft that is not owned by any insured and is hired chartered or loaned with a paid crew. However this exception does not apply if the insured has any other insurance for such bodily injury or property damage whether the other insurance is primary excess contingent or on any other basis.. 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement Page 4 of 21 HG 00 01 09 16 | 1 |
enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lll 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 and 4 of this exclusion do not apply to property damage arising from the use of elevators. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to property damage to borrowed equipment while not being used to perform operations at the job site. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. 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. n. 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. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. 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 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. HG 00 01 09 16 Page 5 of 21 | 1 |
bl However unless Paragraph 1 above applies this exclusion does not apply to 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.. Employment Related Practices Bodily injury to 1 A person arising out of any employment related practices or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any employment related practices are directed. This exclusion applies 1 Whether the injury causing event described in the definition of employment related practices 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. Asbestos 1 Bodily injury or property damage arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard b Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating 2 3 c detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. s. 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 Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA or 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. Damage To Premises Rented To You Exception For Damage By Fire Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire lightning or explosion 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 lll 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 Page 6 of 21 HG 00 01 09 16 | 1 |
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.. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury arising out of an offense committed by at the direction or with the consent or acquiescence of the insured with the expectation of inflicting personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral written or electronic publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services. i. Infringement Of Intellectual Property Rights 1 Personal and advertising injury arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright patent trademark trade name trade secret trade dress service mark or other designation of origin or authenticity or 2 Any injury or damage alleged in any clam or suit that also alleges an infringement or violation of any intellectual property right whether such allegation of infringement or violation is made by you or by any other party involved in the claim or suit regardless of whether this insurance would otherwise apply. However this exclusion does not apply if the only allegation in the claim or suit involving any intellectual property right is limited to 1 Infringement in your advertisement of a Copyright b Slogan or c Title of any literary or artistic work or 2 Copying in your advertisement a person s or organization s advertising idea or style of advertisement. 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 a. b. and c. of the definition of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the HG 00 01 09 16 Page 7 of 21 | 1 |
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 metatags or any other similar tactics to mislead another s potential customers. m. 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. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Personal and advertising injury arising out of 1 An advertisement for others on your web site 2 Placing a link to a web site of others on your web site 3 Content including information sounds text graphics or images from a web site of others displayed within a frame or border on your web site or Page 8 of 21 4 Computer code software or programming used to enable a Your web site or b The presentation or functionality of an advertisement or other content on your web site.. Right Of Privacy Created By Statute Personal and advertising injury arising out of the violation of a person s right of privacy created by any state or federal act. However this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act.. Violation Of Anti Trust law Personal and advertising injury arising out of a violation of any anti trust law.. Securities Personal and advertising injury arising out of the fluctuation in price or value of any stocks bonds or other securities.. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA or 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.. Employment Related Practices Personal and advertising injury to 1 A person arising out of any employment related practices 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 employment related practices are directed. HG 00 01 09 16 | 1 |
This exclusion applies 1 Whether the injury causing event described in the definition of employment related practices occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos 1 Personal and advertising injury arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard b Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or c Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. w. 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. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within three years of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. HG 00 01 09 16 Page 9 of 21 | 1 |
f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 1000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. e. All court costs taxed against the insured in the suit. However such costs do not include attorneys fees attorneys expenses witness or expert fees or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. Allinterest 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. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. 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 a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. Page 10 of 21 HG 00 01 09 16 | 1 |
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. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees.. Each of the following is also an insured a. Employees And Volunteer Workers Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or that 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 Paragraphs 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services a Subparagraphs 1a 1b and 1c above do not apply to any employee or volunteer worker providing first aid services and b Subparagraph 1d above does not apply to any nurse emergency medical technician or paramedic employed by you to provide such services. Property damage to property a Owned occupied or used by bRented 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. Real Estate Manager Any person other than your employee or volunteer worker or any organization while acting as your real estate manager.. Temporary Custodians Of Your Property 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.. Legal Representative If You Die 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.. Unnamed Subsidiary Any subsidiary and subsidiary thereof of yours which is a legally incorporated entity of which you own a financial interest of more than 50 of the voting stock on the effective date of the Coverage Part. 2 HG 00 01 09 16 Page 11 of 21 | 1 |
The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock 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 180th 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. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the watercraft and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person operating the watercraft or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract Written Agreement Or Permit The following persons or organizations are an additional insured when you have agreed in a written contract written agreement or because of a permit issued by a state or political subdivision that such person or organization be added as an additional insured on your policy provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any persons or organizations referred to below as vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business and only if this Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. 1 The insurance afforded the vendor is subject to the following additional exclusions This insurance 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 Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or e f g Page 12 of 21 HG 00 01 09 16 | 1 |
hBodily 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 i The exceptions contained in Sub paragraphs d or f or ii 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.. Lessors Of Equipment 1 Any persons or organizations from whom you lease equipment but only with respect to their liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. 2 With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires.. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises but only with respect to liability arising out of the ownership maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply This insurance does not apply to 1. Any occurrence which takes place after you cease to lease that land or 2. Structural alterations new construction or demolition operations performed by or on behalf of such person or organization.. Architects Engineers Or Surveyors Any architect engineer or surveyor 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 connection with your premises or 2 In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional services by or for you.. Permits Issued By State Or Political Subdivisions Any state or political subdivision but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds this insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard.. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above 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 HG 00 01 09 16 Page 13 of 21 | 1 |
2 In connection with your premises owned by or rented to you or 3 In connection with your work and included within the products completed operations hazard but only if a The written contract or agreement requires you to provide such coverage to such additional insured and b This Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. 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. With respect to the insurance afforded to these additional insureds this insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section lll Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Most We Will Pay 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. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages wunder Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. Products Completed Operations Aggregate Limit 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. Personal And Advertising Injury Limit Subject to 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. Each Occurrence Limit Subject to 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. Damage To Premises Rented To You Limit Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire lightning or explosion while rented to you or temporarily occupied by you with permission of the owner. Page 14 of 21 HG 00 01 09 16 | 1 |
In the case of damage by fire lightning or explosion the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event whether such damage results from fire lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 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. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy the most we will pay on behalf of such additional insured is the lesser of a. The limits of insurance specified in the written contract or written agreement or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. 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. Notice Of Occurrence Or Offense You or any additional insured 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. Notice Of Claim If a claim is made or suit is brought against any insured you or any additional insured must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or suit as soon as practicable. c. Assistance And Cooperation Of The Insured 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. Obligations At The Insureds Own Cost 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. e. Additional Insureds Other Insurance If we cover a claim or suit under this Coverage Part that may also be covered by other insurance available to an additional insured such additional insured must submit such claim or suit to the other insurer for defense and indemnity. However this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non contributory with the additional insured s own insurance. Knowledge Of An Occurrence Offense Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such occurrence offense claim or suit is known to 1 You or any additional insured that is an individual 2 Any partner if you or the additional insured is a partnership HG 00 01 09 16 Page 15 of 21 | 1 |
3 Any manager if you or the additional insured is a limited liability company 4 Any executive officer or insurance manager if you or the additional insured is a corporation 5 Any trustee if you or the additional insured is a trust or 6 Any elected or appointed official if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. 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 b. below applies. If other insurance is also primary we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis 1 Your Work That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work Premises Rented To You That is fire lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner 2 3 Tenant Liability That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner 4 Aircraft Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of property damage to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability 6 When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations or products and completed operations for which you have been added as an additional insured by that insurance or 7 When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. 5 However the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. a Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in c. below. b Primary And Non Contributory To Other Insurance When Required By Contract If you have agreed in a written contract written agreement or permit that this insurance is primary and non contributory with the additional insured s own insurance this insurance is primary and we will not seek contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 | 1 |
Paragraphs a and b do not apply to other insurance to which the additional insured has been added as an additional insured. 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. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. 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 a. When You Accept This Policy By accepting this policy you agree 1 The statements in the Declarations are accurate and complete 2 Those statements are based upon representations you made to us and 3 We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part we shall not deny coverage under this Coverage Part because of such failure. 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 a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment including Supplementary Payments 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. b. Waiver Of Rights Of Recovery Waiver Of Subrogation If the insured has waived any rights of recovery against any person or organization for all or part of any payment including Supplementary Payments we have made under this Coverage Part we also waive that right provided the insured waived their rights of recovery against such person or organization in a contract agreement or permit that was executed prior to the injury or damage. 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 HG 00 01 09 16 Page 17 of 21 | 1 |
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 the widespread public dissemination of information or images that has the purpose of inducing the sale of goods products or services through a. 1 Radio 2 Television 3 Billboard 4 Magazine 5 Newspaper or b. Any other publication that is given widespread public distribution. However advertisement does not include a. The design printed material information or images contained in on or upon the packaging or labeling of any goods or products or b. An interactive conversation between or among persons through a computer network. 2. Advertising idea means any idea for an advertisement. 3. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. 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. 5. Bodily injury means physical a. Injury b. Sickness or c. Disease sustained by a person and if arising out of the above mental anguish or death at any time. 6. 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 a. above or Page 18 of 21 10. 1 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 a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in the United States of America including its territories and possessions Puerto Rico or Canada in a suit on the merits according to the substantive law in such territory or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Employment Related Practices means 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.. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be..Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. 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 fulfil the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. 12.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 lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to HG 00 01 09 16 | 1 |
Premises Rented To You Limit described in Section Ill Limits of Insurance b. A sidetrack agreement c. Any easement or license agreement including an easement or license agreement 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement 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. However Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 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 1 above and supervisory inspection architectural or engineering activities. 13.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. 14.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. 15.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. Venhicles 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 a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in 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 HG 00 01 09 16 Page 19 of 21 | 1 |
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 vehicle that is 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. 16.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 17.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 or organization occupies committed by or on behalf of its owner landlord or lessor d. Oral written or electronic 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 written or electronic publication in any manner of material that violates a person s right of privacy f. Copying in your advertisement a person s or organization s advertising idea or style of advertisement or g. Infringement of copyright slogan or title of any literary or artistic work in your advertisement. 18.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 19.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 Page 20 of 21 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 20.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. As used in this definition computerized or electronically stored data programs or software are not tangible property. Electronic data means information facts or programs a. Stored as or on b. Created or used on or c. Transmitted to or from computer software including systems and applications software hard or floppy disks CD HG 00 01 09 16 | 1 |
ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 21.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. 22.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. 23.Volunteer worker means a person who a. Is not your employee b. Donates his or her work c. Acts at the direction of and within the scope of duties determined by you and d. Is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 24.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 cA person or organization whose business or assets you have acquired and 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. 2 25. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. HG 00 01 09 16 Page 21 of 21 | 1 |
POLICY NUMBER 37 c 538817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1. The Named Insured shown in the Common Policy Declarations page is amended to read The Marvin Companies Inc. Marvin Lumber Cedar Company LLC Marvin Lumber Cedar Company LLC Grafton Tecton Products Tecton Products Fargo Unity Holdings LLC Unity Insurance Inc. Infinity Fargo Integrity Windows LLC Integrity Roanoke AMA DO Leasing Apex Siding Systems LLC Grafton Infinity Fargo Infinity Windows LLC Integrity Fargo 2. The following is also considered to be a Named Insured under the policy Any subsidiary a. Of any corporation named above or b. Owned by a parent corporation that is a Named Insured or subsidiary thereof and has a financial interest of more than 50 of the voting stock. 3. The insurance afforded herein for any subsidiary under 2. above does not apply if there is similar coverage available to that organization or if similar coverage would have been available but for the exhaustion of its limits. Paragraphs 2. and 3. above do not apply to newly acquired organizations and the provisions in paragraph 3. of Section Il Who Is An Insured will apply to such newly acquired organizations. Form HS 25 34 06 05 Page 1 0of 1 c 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER 37 c 538817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1. The Named Insured shown in the Common Policy Declarations page is amended to read Integrity Roanoke Integrity West Fargo North Integrity West Fargo South Integrity Windows LLC Integrity Windows LLC Fargo Integrity Windows LLC Roanoke Lauderdale Leasing Marvin Distribution Inc. Marvin Real Estate Inc. Marvin Windows of Grafton Marvin Windows of New York LLC Marvin Windows LLC MI FLW LLC MI JT LLC Ponderosa Leasing 2. The following is also considered to be a Named Insured under the policy Any subsidiary a. Of any corporation named above or b. Owned by a parent corporation that is a Named Insured or subsidiary thereof and has a financial interest of more than 50 of the voting stock. 3. The insurance afforded herein for any subsidiary under 2. above does not apply if there is similar coverage available to that organization or if similar coverage would have been available but for the exhaustion of its limits. Paragraphs 2. and 3. above do not apply to newly acquired organizations and the provisions in paragraph 3. of Section Il Who Is An Insured will apply to such newly acquired organizations. Form HS 25 34 06 05 Page 1 0of 1 c 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER 37 c 538817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1. The Named Insured shown in the Common Policy Declarations page is amended to read Ripley Leasing Silver Bell Business Center LLC TruStile Doors LLC Marvin Home Center LLC Marvin Real Estate LLC Warroad Real Estate LLC Marvin Wood Products Infinity of Ohio LLC Infinity from Marvin Cleveland Infinity of Ohio LLC Infinity from Marvin Columbus TruStile Doors. LLC Denver Thornton TruStile Doors LLC Northwood TruStile Doors LLC Roanoke TruStile Properties LLC SIW Solutions LLC Marvin Coastal LLC 2. The following is also considered to be a Named Insured under the policy Any subsidiary a. Of any corporation named above or b. Owned by a parent corporation that is a Named Insured or subsidiary thereof and has a financial interest of more than 50 of the voting stock. 3. The insurance afforded herein for any subsidiary under 2. above does not apply if there is similar coverage available to that organization or if similar coverage would have been available but for the exhaustion of its limits. Paragraphs 2. and 3. above do not apply to newly acquired organizations and the provisions in paragraph 3. of Section Il Who Is An Insured will apply to such newly acquired organizations. Form HS 25 34 06 05 Page 1 0of 1 c 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER 37 c s38817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PAYMENTPLAN We and you agree that you will pay the premium in installments as shown below Date Premium Date Premium 09012020 56113 03012021 56116 10012020 56116 04012021 56116 11012020 56116 05012021 56116 12012020 56116 06012021 56116 01012021 6116 02012021 6116 Form HM 99 01 11 85 T Printed in U.S.A. | 2 |
POLICY NUMBER 37 c s38817 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1 The Advance Premium set forth in Item 2. of the Declarations is adjustable and is only an estimated premium for the Audit Period set forth in Item 1. of the Declarations. The final earned premium for the Audit Period shall be determined as specified in paragraph b. of the Premium Audit Condition Section IV. The Audit Premium referred to in such paragraph b. shall be computed by applying the Rate of.0530 per 1000 of the Premium Base identified in 2 below. Such Rate is net of any taxes licenses or fees. 2 The Premium Base shall be identified in A and B below A PREMIUM BASE Gross Sales excluding aircraft products intercompany sales and foreign sales. Payroll as determined immediately below Gross Unmodified Payroll Workers Compensation Payroll Workers Compensation Payroll excluding 1 Clerical Office Employees 2 Salesmen Collectors Messengers 3 Drivers and their helpers if principal duties are to work on or in connection with autos. x Other Describe ayp11ED SALES RECETPTS POLICY NUMBER 37 c s38817 B SPECIFIC DELETIONS FROM PREMIUM BASE IF ANY Designated Products described in the following endorsements Designated Operations described in the following endorsements T Other described in the following endorsements Form HS 99 06 06 05 Page 1 of 2 c 2005 The Hartford | 2 |
3 As used in this endorsement the following additional definitions apply Aircraft includes but is not limited to heavier than air flying vehicles helicopters gliders missiles or spacecraft. Aircraft products means aircraft and any other goods or products manufactured sold handled or distributed or services provided or recommended by the insured or by others trading under his or her name for use in the manufacture repair operation maintenance or use of any aircraft. Aircraft products includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of aircraft products and b. The providing of or failure to provide warnings or instructions. Clerical Office Employees means those employees who work in an area which is physically separated by walls floors or partitions from all your other work areas and whose duties are strictly limited to keeping your books or records or conducting correspondence including any other employees engaged in clerical work in the same area. Foreign Sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales which directly emanate from the sale of your product sold for use or consumption outside the United States of America its territories or possessions or Canada. Intercompany sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales between you and any other organization covered under this policy over which you maintain ownership or majority interest in. Payroll means remuneration. Remuneration means money or substitute for money. Sales means the gross amount charged by the Named Insured concessionaires of the Named Insured or by others trading under the insured s name for a All goods or products sold or distributed b Operations performed or c Rentals during the Audit Period set forth in Item 3. of the Declarations The following items shall be deducted from sales a Sales or excise taxes which are collected and submitted to a governmental division b Credits for repossessed merchandise and products returned and allowance for damaged and spoiled goods c Finance charges for items sold on installments d Freight charges on sales if freight is charged as a separate item on customer s invoice and e Royalty income from patent rights or copyrights which are not product sales. Salesmen collectors and messengers means those employees engaged principally in any such duties away from the Named Insured s premises. Workers Compensation Payroll means payroll developed in accordance with the applicable Workers Compensation manual. Page 2 of 2 Form HS 99 06 06 05 | 2 |
Tue y HARTFORD COMMERCIAL GENERAL LIABILITY SCHEDULE Policy Number 37 c s38817 This Schedule Forms a part of the coMMERCTIAL GENERAL LIABILITY Tue HARTFORD Coverage Part. Entries herein except as specifically provided elsewhere in this policy do not modify any of the other provisions of this policy. Rating Classifications Code No. Premium Basis Rate Premium PREMISES OPERATIONS 98550 1095012377.0530 58036 DRONE COVERAGE FLAT CHARGE 2500 EMPLOYEE BENEFITS LIABILITY INCLUDED TERRORISM CHARGE 1.0000 621 COMPOSITE RATED PER 1000.00 OF AUDITED SALES RECEIPTS MINIMUM PREMIUM OF 51831.00 WILL APPLY ADVANCE PREMIUM 61157 Form HC 12 10 11 85 Printed in U.S.A. ONS c22o0U L 025012377 1.0000 MINIMUM PREMIUM OF 51831.00 WILL APPLY Form HC 1210 11 85 Printed in U.S.A. | 2 |
3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This policy is subject to the following additional Conditions If this policy is cancelled by the Company other than for nonpayment of premium notice of such cancellation will be provided to the certificate holders with mailing addresses on file with the agent of record. Such notice will be provided within 30 days of the Company s receipt of certificate holders information from the agent of record. If notice is mailed proof of mailing to the last known mailing address of the certificate holders on file with the agent of record will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holders who were issued a certificate of insurance applicable to this policy s term. Failure to provide such notice to the certificate holders will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form IH 031006 11 Page 1 of 1 2011 The Hartford | 2 |
POLICY NUMBER 37 c s38817 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT CLAIMS MADE THIS IS A CLAIMS MADE ENDORSEMENT. PLEASE READ ALL PROVISIONS AND CONTACT YOUR AGENT IF YOU HAVE ANY QUESTIONS. THIS ENDORSEMENT APPLIES ONLY TO EMPLOYEE BENEFITS INJURY CAUSED BY AN OFFENSE COMMITTED BETWEEN THE RETROACTIVE DATE IN THE SCHEDULE OF THIS ENDORSEMENT AND THE END OF THE POLICY PERIOD. ADDITIONALLY THIS ENDORSEMENT APPLIES ONLY TO CLAIMS MADE AGAINST THE INSURED AFTER THE INCEPTION DATE AND BEFORE THE END OF THE POLICY PERIOD. UPON TERMINATION OF THIS ENDORSEMENT AN EXTENDED REPORTING PERIOD MAY BE AVAILABLE. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART POLICY NUMBER 37 c s38817 Coverage Premium Retroactive Date 09012002 SCHEDULE Employee Benefits Injury Liability INCLUDED If no date is entered the Retroactive Date is the Inception Date of the policy period shown in the Common Policy Declarations. Limits of Insurance NOT APPLICABLE Each Offense Limit 2000000 Each Claim Limit 2000000 Aggregate Limit Included in the General Aggregate Limit set forth in the Commercial General Liability Coverage Part Declarations or Applies separately to Employee Benefits Injury Liability. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement We will pay those sums that the insured shall become legally obligated to pay as damages because of employee benefits injury to which this endorsement applies. We will have the right and duty to defend the insured against any claim or suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for employee benefits injury to which this endorsement does not apply. We may at our discretion investigate any offense and settle any such claim or suit that may result. But 1 The amount we will pay for damages is limited to the amount described in the Limits of Insurance section of this endorsement and overage Employee Benefits Injury Liabi YwilLUVeE lity Form HS 24 32 06 05 Page 10f 4 c 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 to which this endorsement applies. No obligation to pay claim expenses or any other liability to pay sums or perform acts or services is covered unless explicitly provided under the Supplementary Payments section of the Coverage Part of which this endorsement forms a part. b. This endorsement applies to employee benefits injury only if 1 The offense was not committed before the Retroactive Date if any shown in the above Schedule or after the end of the policy period shown in the Common Policy Declarations 2 The employee benefits injury is caused by an offense committed in the coverage territory and 3 A claim for damages because of the employee benefits injury is first made against any insured in accordance with paragraphs c. and d. below during the policy period or any Extended Reporting Period we provide under the Extended Reporting Period section of this endorsement. c. Aclaim by a person or organization seeking damages will be deemed to have been made when notice of such claim is received and recorded by an insured or by us whichever comes first. Al claims for damages because of employee benefits injury to the same person or organization will be deemed to have been made at the time the first of those claims is made against the insured. 2. Exclusions This insurance does not apply to Dishonest Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Fraudulent Criminal Or c. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Page 2 of 4 d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy of Performance of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. For the purposes of the coverage provided by this endorsement a. All references to Supplementary Payments Coverages A and B are replaced by Supplementary Payments Coverages A B and Employee Benefits Liability. b. Paragraphs 1.b and 2. of the Supplementary Payments provision do not apply. 4. Limits of Insurance a. The Limits of Insurance set forth in the above Schedule and the rules below fix the most we will pay regardless of the number of Form HS 24 32 06 05 Page 2 of 4 | 2 |
1 Insureds 2 Claims made or suits brought or 3 Persons or organizations making claims or bringing suits. b. The Aggregate Limit set forth in the above Schedule is the most we will pay for all damages to which this endorsement applies. c. Subject to b. above 1 The Each Offense Limit if any set forth in the above Schedule is the most we will pay for all damages with respect to any one offense or 2 The Each Claim limit set forth in the above Schedule is the most we will pay for all damages sustained by any one employee including any employee s dependent or beneficiary whichever of 1 or 2 applies. The Limits of Insurance shown in the above Schedule 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 Common Policy Declarations unless the endorsement 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. 5. Conditions For the purposes of this endorsement only the Representations Condition and Other Insurance Condition Section IV are amended as follows a. The Representations Condition is deleted and replaced by the following By accepting this endorsement you agree 1 The statements in the Declarations of the Coverage Part of which this endorsement forms a part are accurate and complete 2 Those statements are based upon representations you made to us 3 At the time you applied for this endorsement you had no knowledge of any claim or suit or of any offense which might reasonably be expected to result in a claim or suit except as you had reported to us in writing at the time you so applied 4 We have issued this endorsement in reliance upon your representations and 5 If you should unintentionally fail to disclose at the inception date of this policy of which this endorsement forms a part any conditions in your premises or operations that may result in a claim under this endorsement but have not resulted in a claim as of the inception date of this policy we shall not deny coverage under this endorsement because of such failure. However this provision does not apply to failure to disclose at the inception of the policy any knowledge of any claim or suit or of any offense which might reasonably be expected to result in a claim or suit. b. The following is added to the Other Insurance Condition paragraph 4.b. Excess Insurance f Any other insurance that applies to employee benefits injury on other than a claims made basis if 1 No Retroactive Date is set forth in the above Schedule or 2 Such other insurance has a policy period which continues after the Retroactive Date set forth in the above Schedule. 6. Definitions For the purposes of this endorsement only the following additional definitions apply a. Administration means 1 Giving counsel to your employees or their dependents and beneficiaries with respect to interpreting the scope of your employee benefits program or their eligibility to participate in such programs and 2 Handling records in connection with an employee benefits program. b. Claim means a demand made by any employee or employee s dependent or beneficiary for damages alleging employee benefits injury including the institution of a suit for such damages against the insured. c. Employee benefits injury means injury that arises out of any negligent act error or omission in the administration of your employee benefits programs. d. Employee benefits program means a formal program or programs of employee benefits maintained in connection with your business or operation such as but not limited to 1 Group life insurance group accident or health insurance profit sharing plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such insurance or plans and Form HS 24 32 06 05 Page 3of 4 | 2 |
2 Unemployment insurance social security benefits workers compensation and disability benefits. e. Offense means with respect to employee benefits injury an act error or omission described in the administration of your employee benefits program. All employee benefits injury arising out of the same or similar act error or omission shall be considered as arising solely out of one offense. f. Suit means with respect to employee benefits injury a civil proceeding in which damages because of employee benefits injury to which this endorsement applies are alleged. Suit includes 1 An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 7. Extended Reporting Periods For purposes of the coverage provided by this endorsement we will provide one or more Extended Reporting Periods as described below a. Basic Extended Reporting Period 1 Regardless of why the Coverage Part or this endorsement is canceled or non renewed we will automatically provide a Basic Extended Reporting Period starting at the end of the policy period and lasting for a period of sixty 60 days. The Basic Extended Reporting Period is provided at no charge. 2 The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. b. Extended Reporting Period 1 If the Coverage Part or this endorsement is canceled or non renewed for any reason other than non payment of premium we will offer for an additional premium as set forth in paragraph 3 below an Extended Reporting Period Option as set forth in paragraph 2 below. 2 Youmay select an Extended Reporting Period Option starting at the end of the policy period and lasting for one 1 year. 3 Premium for the Extended Reporting Period Option will be determined by taking into account the following a The exposures insured b Previous types and amounts of insurance c Limits of Insurance available under this endorsement for future payment of damages and d Other related factors. 4 We will issue an Extended Reporting Period endorsement only if a You request it within sixty 60 days of the end of the policy period b You have paid all premiums due for this policy at the time you request an Extended Reporting Period endorsement and c You promptly pay when due the additional premium for the Extended Reporting Period endorsement. c. During the Extended Reporting Period coverage under this endorsement applies as excess over any valid and collectible insurance available under policies in force after such Extended Reporting Period starts. d. All Extended Reporting Periods The Basic Extended or Extended Reporting Periods 1 Do not extend the policy period or change the scope of coverage provided. They only apply to claims for employee benefits injury that occurs before the end of the policy period but not before the Retroactive Date if any shown in the above Schedule 2 Do not reinstate or increase the Limits of Insurance shown in the above Schedule. The Limits of Insurance for any Extended Reporting Period shall be a part of and not in addition to the Limits of Insurance shown in the above Schedule. This applies regardless of the number of involved insureds or any other factors 3 Are not renewable and 4 Can not once in effect be canceled. We need not return any part of the premium paid for any reason whatsoever. Page 4 of 4 Form HS 24 32 06 05 | 2 |
Policy Number 37 c s38817 Effective Date 9012020 Named Insured and Address tyr MaRVIN COMPANIES INC. 401 STATE AVENUE WARROAD MN 56763 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT We have previously notified you that in accordance with the federal Terrorism Risk Insurance Act as amended TRIA we must make terrorism coverage available in the policies we offer. A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under TRIA 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. The United States Government has not charged any premium for their participation in covering terrorism losses. If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. At that time we advised you that the premium for such terrorism coverage would be 621 Form GN 98 47 18 ED. 0115 Page 1 of 2 2015 The Hartford | 2 |
Please be advised that this premium charge may be adjusted at audit if applicable. As a result of our notification you have made the following election Accepted Terrorism Coverage X Rejected Terrorism Coverage TERRORISM EXCLUSION ON YOUR BINDER AND OR POLICY AND ITS RENEWALS If the Rejected Terrorism Coverage box above is checked you have previously rejected such coverage by signing a written rejection statement and returning such document to us. By doing so you authorized the attachment of terrorism exclusions to your binder andor policy and to all subsequent renewals. Unless you contact your agent broker or representative and accept coverage prior to the inception of your renewal policy the terrorism exclusions will apply to all subsequent renewals. Page 2 of 2 Form GN 98 47 18 ED. 0115 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM DATA BREACH COVERAGE FORM EDUCATORS PROFESSIONAL CHOICE POLICY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART LIBRARY ERRORS AND OMISSIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTER S ERRORS AND OMISSIONS LIABILITY COVERAGE FORM PRODUCT RECALL EXPENSE COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION A. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA 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. The United States Government has not charged any premium for their participation in covering terrorism losses. Form HC 23 70 01 15 B. Cap On Insurer Liability For Terrorism Losses A 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 under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. 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. If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed Page 1 of 2 2015 The Hartford Includes copyrighted material of the Insurance Services Office Inc. with its permission. | 2 |
100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. C. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of Terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the Nuclear Hazard Exclusion Pollution Exclusion or War Exclusion. Page 2 of 2 Form HC 2370 01 15 | 2 |
ICY NUMBER 37 c 538817 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADJUSTMENT OF TERRORISM CHARGES AT AUDIT POLICY NUMBER 37 c s38817 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Itis agreed that The premium set forth in your policy on your declarations page or any separate endorsement for Certified Acts of Terrorism is a preliminary premium based on your original premium and will be recomputed and adjusted by applying a charge of 1.000 to the premium computed at your final audit. The addition of this terrorism charge will result in your final audited premium. Form HS 98 55 01 06 Page 1 0of 1 c 2006 The Hartford | 2 |
COMMERCIAL GENERAL LIABILITY d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART FARM LIABILITY COVERAGE This insurance does not apply to any damages judgments settlements loss costs or expenses that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to person or property which arises out of or would not have occurred in whole or in part but for the lead hazard or b. Arise out of any request demand or order to 1. Identify abate test for sample monitor clean up remove cover contain treat detoxify decontaminate neutralize or mitigate or in any way respond to or assess the effects of the lead hazard or As a result of such effects repair replace or improve any property. c. Arise out of any claim or any suit for damages because of 1. 2. Identification of abatement of testing for sampling monitoring cleaning up removing covering containing treating detoxifying decontaminating neutralizing or mitigating or in any way responding to or assessing the effects of the lead hazard or As a result of such effects repairing replacing or improving any property. As used in this exclusion lead hazard means an exposure or threat of exposure to the actual or alleged properties of lead and includes the mere presence or suspected presence of lead in any form or combination. Form HC 21 37 03 93 1993 The Hartford | 2 |
POLICY NUMBER 37 c 538817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PER LOCATION AMENDMENT OF GENERAL AGGREGATE SUBJECT TO MAXIMUM ANNUAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations are amended by the following The Limits of Insurance subject to all the terms of this policy that apply are Each Occurrence Limit Personal and Advertising Injury Limit Damage to Premises Rented to You Any One Premises Medical Expense Limit Any One Person General Aggregate Limit Location General Aggregate Limit Maximum Annual Aggregate Limit Products Completed Operations Aggregate Limit See Declarations Page See Declarations Page See Declarations Page See Declarations Page B 2000000 2000000 10000000 See Declarations Page In return for the payment of the premium when due and subject to all the terms of the Commercial General Liability Coverage Part not expressly modified herein we agree with you as follows A. The LIMITS OF INSURANCE SECTION IIl is The Maximum Annual Aggregate Limit is the deleted in its entirety and replaced with the most we will pay for the sum of following a. Damages under the General Aggregate 1. The Most We Will Pay Limit and The Limits of Insurance shown in the above b. Damages under any one or more Location Schedule and the rules below fix the most we General Aggregate Limits as described in will pay regardless of the number of paragraph 4. below. a. Insureds 3. General Aggregate Limit b. Claims made or suits brought or Subject to 2. above the General Aggregate c. Persons or organizations making claims or Limit is the most we will pay for the sum of bringing suits. a. Damages under Coverage B Personal and 2. Maximum Annual Aggregate Adbvertising Injury Liability and Form HS 25 30 06 08 Page 10f 3 2008 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b. Damages under Coverage C Medical Payments and Coverage A Bodily Injury and Property Damage Liability with the following exceptions 1 Bodily injury or property damage included in the products completed operations hazard or 2 Bodily injury or property damage attributed solely to ongoing operations at a single location c. Property damage included as Damage to Premises Rented to You. 4. Location General Aggregate Limit Subject to 2. above a. A separate Location General Aggregate Limit applies to each single location in lieu of and not in addition to the General Aggregate. Such Location General Aggregate is the most we will pay for all damages under Coverage A Bodily Injury and Property Damage Liability or Coverage C Medical Payments with the following exceptions 1 Bodily injury or property damage included in the products completed operations hazard or 2 Property damage included in the Damage to Premises Rented to You coverage or Bodily injury property damage or medical expenses under Coverage C which can not be attributed solely to the ongoing operatons at a single location. Such damages will erode the General Aggregate Limit as provided in paragraph 3. above. b. The Location General Aggregate Limit 1 Applies only to occurrences attributed solely to ongoing operations at a single 3 location and 2 Does not include damages for Coverage B Personal and Adbvertising Injury Liability no matter where or in how many locations the offense or offenses may be committed. Such damages will erode the General Aggregate Limit as provided in paragraph 3. above. c. Any payments made under this paragraph 4. for damages for bodily injury property damage or medical expenses under Coverage C shall reduce the Maximum Annual Aggregate Limit and the Location General Aggregate for that location. Such payments shall not reduce the General Aggregate Limit or the Products Completed Operations Aggregate Limit nor shall they reduce any other Location General Aggregate Limit. Products Completed Operations Aggregate Limit The Products Completed Operations Aggregate Limit is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. Personal And Advertising Injury Limit Subject to 3. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B Personal and Advertising Injury Liability for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Occurrence Limit Subject to 3. 4. or 5. above whichever applies the Each Occurrence Limit is the most we will pay for damages under bodily injury or property damage arising out of any one occurrence. Damage To Premises Rented To You Limit Subject to 7. above the Damage to Premises Rented to You Limit is the most we will pay for damages because of property damage to any one premises while rented to you or in the case of damage by fire lightning or explosion while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire lightning or explosion the Damage to Premises Rented to You Limit applies to all damage proximately caused by the same event whether such damage results from fire lightning or explosion or any combination of these. The Damage to Premises Rented to You Coverage is not subject to any Location General Aggregate Limit but will erode the General Aggregate Limit. Medical Expense Limit Subject to 3. or 4. above whichever applies the Medical Expense Any One Person Limit is the most we will pay under Coverage C Medical Payments for all medical expenses because of bodily injury sustained by any one person. Such Medical Payments Coverage is subject to either the Location General Aggregate Limit or Form HS 25 30 06 08 Page 2 of 3 | 2 |
10. 1 the General Aggregate Limit as provided in paragraphs 3. or 4. above. How Limits Apply When To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy the most we will pay on behalf of such additional insured is the lesser of 1 The limits of insurance specified in the written contract or written agreement or 2 The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section.. If More Than One Limit of Insurance Applies If more than one limit of insurance under this Coverage Part and any endorsements attached thereto applies to any claim or suit the most we will pay under this Coverage Part and such endorsements is the single highest limit of liability of all coverages applicable to such claim or suit. However this paragraph 11. does not apply to the Medical Expense Limit for Coverage C. 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. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. Form HS 25 30 06 08 Page 3of 3 | 2 |
Policy Number 37 c s38817 Effective Date 09012020 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CLUB MEMBERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED Section Il is amended to include as an insured any of your members but only with respect to their liability for your activities or activities they perform on your behalf. Copyright Insurance Services Office Inc. 1984 CG 20021185 | 2 |
POLICY NUMBER 37 c 538817 POLICY NUMBER 37 c 538817 COMMERCIAL GENERAL LIABILITY CG 20280413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations IF ANY 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 maintenance operation or use of equipment leased to you by such persons or organizations. 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 this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ANY CG 20280413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 POLICY NUMBER 37 c 538817 COMMERCIAL GENERAL LIABILITY CG 20280413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations F M FORKLIFT SALES SERVICE 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 maintenance operation or use of equipment leased to you by such persons or organizations. 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 this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. M FORKLIFT SALES SERVICE CG 20280413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You IF ANY Name Of Persons Or Organizations Additional Insured Additional Premium INCLUDED Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional 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. ANY CG20110413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER 37 c s38817 CY NUMBER 37 c 538817 COMMERCIAL GENERAL LIABILITY CG 20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products Builders FirstSource Inc. its Subsidiaries 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 bsidiaries CG20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the wusual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG20150413 | 2 |
POLICY NUMBER 37 c s38817 CY NUMBER 37 c 538817 COMMERCIAL GENERAL LIABILITY CG 20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products IF ANY 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 CG20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the wusual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG20150413 | 2 |
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