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POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations PCBC MOSCONE CENTER FREEMAN COMPANIES CALIFORNIA BUILDING INDUSTRY ASSOCIATION AND THEIR RESPECTIVE MEMBERS OFFICERS DIRECTORS AGENTS AND EMPLOYEES Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations BROWNFIELD REVITALIZATION 56 LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. OWNFIELD REVITALIZATION 56 LLC CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations CGRF SUBSIDIARY EIGHT LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. RE SUBSIDIARY EIGHT LLC CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations CSDP SUBSIDIARY CDE 12 LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. DP SUBSIDIARY CDE 12 LLC CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Moss Associates LLLC dba Lockhart Construction Team Barton Malow Company MasTec Inc. Lemartec Corporation Miami Beckham United LLC and each of the foregoing affiliates and their respective officials officers directors partners members managers shareholders employees and Lenders as well as agents and contractors. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. ntractors. CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations MRC 37 LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. C 37 LLC CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations TWAIN INVESTMENT FUND 390 LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. AIN INVESTMENT FUND 390 LLC CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations U.S. BANCORP COMMUNITY DEVELOPMENT CORPORATION Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. S. BANCORP COMMUNITY DEVELOPMENT CORPORATION CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 CY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY G 2026 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations DVCI CDE XLVII LLC Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section 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. CI CDE XLVII LLC CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIAE POLICY NUMBER 37 c s38817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALIENATED PREMISES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 2. of Exclusion j. of COVERAGE A Section I does not apply. Form HS 04 02 01 88 Page 1 of 1 c 1988 The Hartford | 2 |
POLICY NUMBER 37 c s38817 LICY NUMBER 37 c s38817 COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad Where required by Written Contract. Designated Job Site If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions section is replaced by the following 9. Insured Contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement o CG 24171001. Any easement or license agreement. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. ISO Properties Inc. 2000 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 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 Paragraph 1 above and supervisory inspection architectural or engineering activities. Page 1 of 1 lere required by Written Contract. 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 b prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. ISO Properties Inc. 2000 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR INJURY TO LEASED WORKERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART With respect to the Employer s Liability exclusion SECTION 1 only the definition of employee in the DEFINITIONS Section is replaced by the following Employee does not include a leased worker or a temporary worker. CG 04241093 Copyright Insurance Services Office Inc. 1992 | 2 |
COMMERCIAL GENERAL LIABILITY Policy Number 37 c s38817 Effective Date 09012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PRODUCTS COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. This insurance does not apply to bodily injury or property damage included within the products completed operations hazard. CG 21041185 Copyright Insurance Services Office Inc. 1984 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FUNGI BACTERIA AND VIRUSES 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 MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART EDUCATORS LEGAL LIABILITY COVERAGE FORM CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM This insurance does not apply to 1. Injury or damage arising out of or related to the presence of suspected presence of or exposure to a. Fungi including but not limited to mold mildew and yeast b. Bacteria c. Viruses or d. Dust spores odors particulates or byproducts including but not limited to mycotoxins and endotoxins resulting from any of the organisms listed in a. b. or c. above from any source whatsoever. 2. Any loss cost or expense arising out of the testing for monitoring of cleaning up of removal of containment of treatment of detoxification of neutralization of remediation of disposal of or any other response to or assessment of the effects of any of the items in 1.a. b. c. or d. above from any source whatsoever. However this exclusion does not apply to bodily injury or property damage caused by the ingestion of food. Form HC 21 90 06 08 Page 10f 1 2008 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. EXCLUSION RESIDENTIAL CONSTRUCTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART SCHEDULE OF EXCEPTIONS Locations Projects Operations A. The following exclusion is added to Paragraph 2. Exclusions under each Coverage Part of Section I This subparagraph A.3. applies regardless of whether the insured has knowledge of or performs the conversion. Residential Construction Exclusion B. For claims arising out of a mixed use This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of or related to any residential construction operations or 2. Bodily injury or property damage included within the products completed operations hazard arising out of or related to any residential construction operations or 3. Bodily injury or property damage D included within the products completed operations hazard arising out of or related to any construction operations on at or incidental to any building structure development or project that is converted to a residential premises after the insured s construction operations are complete. Form HS 21 38 0318 development the exclusion set forth in Section A. applies regardless of whether the bodily injury property damage or personal and advertising injury partially or exclusively arises out of commercial or industrial space.. The exclusion set forth in Section A. does not apply to the Locations Projects or Operations shown in the Schedule of Exceptions above. If no entry appears in the Schedule of Exceptions the exclusion applies to all Locations Projects and Operations.. The following provision is added to Paragraph 4 of Section IV Conditions 1. For any Location Project or Operation shown in the Schedule of Exceptions above any coverage provided under this endorsement is excess over any other valid and collectible insurance including any Page 1 of 2 2018 The Hartford ne ne ne 2018 The Hartford | 2 |
deductible or self insured retention portion thereof available to the insured whether such other insurance is primary excess or contingent or provides coverage on any other basis. Paragraph D.1. does not apply to an additional insured on this policy with whom an insured has agreed in a written agreement written contract or permit that this insurance is primary except when such additional insured also qualifies as an additional insured under another insurance policy. When an additional insured also qualifies as an additional insured under another insurance policy Paragraph D.1. controls. E. The following definitions are added to Section V Definitions 1. Construction operations means pre construction new construction renovation remodeling rehabilitation repair or maintenance and includes supervising or providing materials or professional services for operations or work performed by an insured or on an insured s behalf for an insured or for others. Mixed use development means any form of building structure development or project that contains both commercial or industrial space and some form of building structure development or project that is a residential premises. Mixed use development does not include buildings structures developments or projects that solely and exclusively contain multiple types of commercial or industrial space. Professional Services means the rendering of or failure to render any professional engineering architectural or surveying services in your capacity as an engineer architect or surveyor. Professional services also includes 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. Supervisory or inspection activities performed as a part of any related architectural or engineering activities. Residential construction operations means construction operations performed on or at any residential premises by an insured or on an insured s behalf for the insured or for others. Residential premises means any one or more of the following a. Condominiums cooperatives homes houses tract housing timeshares townhomes or townhouses Mixed use development c. Any form of building structure development or project with multiple dwelling units where such dwelling units are individually owned or intended for individual ownership including any associated commercial or industrial space regardless of whether the bodily injury property damage or personal and advertising injury partially or exclusively arises out of such commercial or industrial space d. Any appurtenant common areas structures facilities grounds or improvements on or associated with a premises described in subparagraphs E.5.a. through E.5.c. above except for public streets or roads public rights of way or utility easements. However residential premises do not include buildings structures developments or projects with multiple dwelling units where such dwelling units are not individually owned or not intended for individual ownership including nursing homes assisted living facilities hospitals dormitories jails prisons military housing apartment buildings hotels or motels. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2.a. 1 of Section Il Who Is An Insured is replaced by the following 1 Bodily injury or personal and advertising injury arising out of his or her providing or failing to provide professional health care services. However this exclusion does not apply to any nurse emergency medical technician or paramedic employed by you to provide such services only if you are not in the business of providing professional health care services. B. The following is added to paragraph 2.a of Section Il Who Is An Insured 3 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 To the spouse child parent brother or sister of that coemployee or that volunteer worker as a consequence of Paragraph 3a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 3a or b above. C. Paragraph 4.a. of Section Il Who Is An insured is deleted. b c Form HC 04 03 1207 Page 1 of 1 2007 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNMANNED AIRCRAFT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Unmanned Aircraft DJI Inspire 2 with Zenmuse X5S Lens Gimbal Description Of Operations Or Projects Operation of the above captioned unmanned aircraft units while conducting your work so long as the above captioned unmanned aircraft units is being operated in compliance with Part 107 of Title 14 Code of Federal Regulations. Limit Of Insurance Unmanned Aircraft Liability Aggregate Limit Included Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Aircraft Auto Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 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 2 Form HG 24 07 06 17 2017 The Hartford caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This Paragraph g.1 does not apply to unmanned aircraft described in the Schedule but only with respect to the operations or projects described in the Schedule. Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Dt | 2 |
This Paragraph g.2 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 other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent A watercraft you do not own that is i Less than 51 feet long and ii Not being used to carry persons for a charge c 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 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage arising out of i The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or ii The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. f 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 b d e bodily injury or property damage whether the other insurance is primary excess contingent or on any other basis. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement b. Infringing upon another s copyright trade dress or slogan in your advertisement or c. Unmanned aircraft described in the Schedule but only with respect to the operations or projects described in the Schedule. C. If an Unmanned Aircraft Liability Aggregate Limit is shown in the Schedule the following provisions are added to Section lll Limits Of Insurance 1. Subject to Paragraph 2. or 3. of Section Il Limits Of Insurance whichever applies the Unmanned Aircraft Liability Aggregate Limit shown in the Schedule is the most we will pay for the sum of a. Damages under Coverage A b. Damages under Coverage B and c. Medical expenses under Coverage C because of all bodily injury property damage and personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 2. Paragraph 4. the Personal And Advertising Injury Limit Paragraph 5. the Each Occurrence Limit Paragraph 6. the Damage Page 2 of 3 Form HG 24 07 06 17 | 2 |
To Premises Rented To You Limit and Paragraph 7. the Medical Expense Limit of Section Ill Limits Of Insurance continue to apply to bodily injury property damage and personal and advertising injury as applicable arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft but only if and to the extent that a limit of insurance is available under the Unmanned Aircraft Liability Aggregate Limit. D. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Form HG 24 07 06 17 Page 3 of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITION OF COVERAGE TERRITORY This Endorsement modifies the following Coverage Parts if included with this policy. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Territories Possessions Foreign Jurisdictions CANADA 1. The jurisdictions listed in the Schedule above are deleted from Paragraph a. of the definition of coverage territory. 2. The following condition is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Other Insurance Issued by Us If there is other insurance covering the same loss damage or expense under this policy or under another policy issued by us or any of our affiliated insurance companies the most we will pay for the covered loss damage or expense is the highest limit of insurance that applies under this policy or any other policy issued by us or any of our affiliated insurance companies. Form HC 30521218 Page 1 of 1 2018 The Hartford | 2 |
IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS ARKANSAS DISTRICT OF COLUMBIA FLORIDA KENTUCKY LOUISIANA MAINE NEW JERSEY NEW MEXICO PENNSYLVANIA TENNESSEE VIRGINIA AND WEST VIRGINIA APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. NOTE IN LOUISIANA MAINE TENNESSEE VIRGINA AND THE DISTRICT OF COLUMBIA PENALTIES MAY ALSO INCLUDE THE DENIAL OF INSURANCE BENEFITS. ALABAMA APPLICANTS ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION FINES OR CONFINEMENT IN PRISON OR ANY COMBINATION THEREOF. COLORADO APPLICANTS IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT FINES AND DENIAL OF INSURANCE AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO A POLICY HOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICY HOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AGENCIES. HAWAII APPLICANTS FOR YOUR PROTECTION HAWAII LAW REQUIRES YOU TO BE INFORMED THAT PRESENTING A FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT IS A CRIME PUNISHABLE BY FINES OR IMPRISONMENT OR BOTH. KANSAS APPLICANTS ANY PERSON WHO COMMITS A FRAUDULENT INSURANCE ACT IS GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION FINES AND CONFINEMENT IN PRISON. A FRAUDULENT INSURANCE ACT MEANS AN ACT COMMITTED BY ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS CAUSES TO BE PRESENTED OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER PURPORTED INSURER OR INSURANCE AGENT OR BROKER ANY WRITTEN STATEMENT AS PART OF OR IN SUPPORT OF AN APPLICATION FOR INSURANCE OF THE RATING OF AN INSURANCE POLICY OR A CLAIM FOR PAYMENT OR OTHER BENEFIT UNDER AN INSURANCE POLICY WHICH SUCH PERSON KNOWS TO CONTAIN MATERIALLY FALSE INFORMATION CONCERNING ANY MATERIAL FACT THERETO OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO. MARYLAND APPLICANTS ANY PERSON WHO KNOWINGLY AND WILLFULLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY AND WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. Form HS 99 48 02 13 Page 1 of 2 2013. The Hartford Page 1 of 2 2013 The Hartford | 2 |
NEW YORK APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT WHICH IS A CRIME AND SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR SUCH VIOLATION. OHIO APPLICANTS ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. OKLAHOMA APPLICANTS WARNING ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE DEFRAUD OR DECEIVE ANY INSURER MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY. OREGON APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD OR SOLICIT ANOTHER TO DEFRAUD AN INSURER 1 BY SUBMITTING AN APPLICATION OR 2 FILING A CLAIM CONTAINING A FALSE STATEMENT AS TO ANY MATERIAL FACT MAY BE VIOLATING STATE LAW. Form HS 99 48 02 13 Page 2 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 811204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES DUTIES CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE CG 04 35 LIMITED PRODUCT WITHDRAWAL EXPENSE ENDORSEMENT CG 04 36 LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PERSONAL INJURY LIABILITY ENDORSEMENT CG 28 05 POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following is added to the Duties Condition The requirement to notify us can be satisfied by notifying our agent. Notice can be by any means of communication. CG 26 811204 ISO Properties Inc. 2003 Page 1 0of 1 | 2 |
POLICY NUMBER 37 c s38817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT PREMIUMS AND PREMIUM AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following is added to the Premiums Common Policy Condition The Minimum Retained Premium stated in the Declarations shall be considered as fully earned at the inception of the policy. In the event of cancellation by the first Named Insured we shall be entitled to retain any Minimum Retained Premium stated in the applicable Coverage Part Declarations. B. The following is added to the Premium Audit Condition If the Advance Premium set forth in the applicable Coverage Part Declarations is adjustable such Advance Premium is an estimated premium for the Audit Period set forth in the Declarations. At the end of such Audit Period we will compute any applicable Audit Premium. Then 1 Audit Premium which is greater than the paid Advance Premium is due and payable by the first Named Insured upon notice or 2 Paid Advance Premium which is greater than Audit Premium will be refunded to the first Named Insured subject to any Minimum Retained Audit Premium or Minimum Retained Premium set forth in the Declarations whichever of 1 or 2 applies. Form HS 25 31 06 05 Page 10of 1 c 2005 The Hartford | 2 |
POLICY NUMBER 37 c s38817 LICY NUMBER 37 c 538817 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT POLICY PERIOD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. ltis hereby agreed that policy period wherever it appears in the Coverage Part means the following Policy period means the period beginning with the inception date shown in the Common Policy Declarations and ending with the earlier of 1. The date of cancellation of this Coverage Part or 2. The expiration date shown in the Common Policy Declarations. B. The last paragraph of Section lll Limits of Insurance is deleted and replaced by the following The Limits of Insurance of this Coverage Part apply separately to each policy period starting with the beginning of the policy period. If the policy period is extended after issuance for an additional period such additional period will be deemed part of the policy period for purposes of determining the Limits of Insurance. C. If any deductible applies to this Coverage Part the deductible will apply in the same manner as the Limits of Insurance in paragraph B. above. Form HS 25 37 06 05 Page 10of 1 c 2005 The Hartford | 2 |
Policy Number 37 c s38817 Effective Date 09012020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION EXCEPTION HOSTILE FIRE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Itis agreed that EXCLUSION f. is replaced by the following 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal pollutants seepage migration release or escape of a At or from any premises site or location b c d which is or was at any time owned or occupied by or rented or loaned to any insured At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible 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 or e Tothe extent that any such bodily injury or property damage is included in the products completed operations hazard. Subparagraphs a and d do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 2 Any loss cost or expense arising out of any a Request demand or 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. B. The last paragraph of Section Coverage A after the exclusions is replaced by the following Exclusions c. through e. and g. through n. do not apply to damage by fire lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. Form HC 21 31 10 01 c 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THE V HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 0502 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. The Examination Of Your Books And Records Common Policy Condition is replaced by the following We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to one year afterward.. Paragraph 1. Bankruptcy under Section IV Commercial General Liability Conditions is replaced by the following 1. Bankruptcy Bankruptcy insolvency or dissolution of the insured or of the insured s estate will not relieve us of our obligation under this Coverage Part and in case an execution against the insured on a final judgment is returned unsatisfied then such judgment creditor shall have a right of action on this Coverage Part against the company to the same extent that the insured would have had the insured paid the final judgment. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Commercial General Liability Conditions Our rights do not apply against any person or organization insured under this or any other Coverage Part we issue with respect to the same occurrence. CG 26 05 02 07 ISO Properties Inc. 2006 Page 1 of 1 | 2 |
POLICY NUMBER 37 c 538817 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Subparagraph f.1d of the Absolute Pollution Exclusion Form HC 21 31 is replaced by the following d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations However this subparagraph does not apply to 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 i Escape from a vehicle part designed to hold store or receive them and i Are brought on or to the premise site or location in connection with such operations by such insured contractor of subcontractor. This exception does not apply if the bodily injury or property damage arises out of 1 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 or 2 Operations directly or indirectly involved with or related to testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants or HC 2186 10 01 c 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVI RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of 2 America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 2 ERAGE PART C. Under any Liability or property d hazardous propert 1 The nuclear mz facility owned behalf of an discharged or di 2 The nuclear spent fuel possessed he stored transpor behalf of an ins The bodily inj arises out of the of services mat connection with maintenance nuclear facility located within tr its territories or exclusion 3 damage to suc property thereat 3. As used in this endorse Hazardous properties or explosive properties Nuclear material 1 special nuclear materi C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
IL 02 45 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the 2 3 Standard Property Policy CP 00 99 the term C Coverage Part in this endorsement is replaced by r the term Policy. b. 90D B. The following provisions apply except when If thi Paragraph C. of this endorsement applies or T The Cancellation Common Policy Condition is issu replaced by the following of th CANCELLATION M A 1. The first Named Insured shown in the A Declarations may cancel this policy by mailing o or delivering to us advance written notice of P cancellation. P 2. We may cancel this policy subject to the A provisions of Paragraph B.3. below by first class mailing or by delivery of a written notice S of cancellation to the first Named Insured and any agent to their last mailing addresses F known to us. Notice of cancellation will state C the effective date of cancellation. The policy I period will end on that date. C 3. Policies In Effect 5 S a. Less Than 90 Days e If this policy is a new policy and has been in r effect for fewer than 90 days we may z cancel for any reason by giving notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or IL 02 45 09 08 ISO Properties Inc. 2007 2 30 days before the effective date of cancellation if we cancel for any other reason. b. 90 Days Or More If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge in obtaining the policy or in pursuing a claim under the policy 3 An act or omission by you that substantially increases or changes the risk insured 4 Refusal by you to eliminate known conditions that increase the potential for loss after notification by us that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract G Page 10f 3 | 2 |
6 Loss of reinsurance by us which provided coverage to us for a significant amount of the underlying risk insured. Any notice of cancellation pursuant to this item shall advise the policyholder that he or she has 10 days from the date of receipt of the notice to appeal the cancellation to the commissioner of commerce and that the commissioner will render a decision as to whether the cancellation is justified because of the loss of reinsurance within 30 business days after receipt of the appeal 7 A determination by the commissioner that the continuation of the policy could place us in violation of the Minnesota insurance laws or Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. This provision for cancellation for failure to pay dues shall not be applicable to persons who are retired at 62 years of age or older or who are disabled according to social security standards. Under this Item B.3.b. we will give notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. The cancellation notice shall contain the information regarding the amount of premium due and the due date and shall state the effect of nonpayment by the due date. Cancellation shall not be effective if payment of the amount due is made prior to the effective date of cancellation or 60 days before the effective date if we cancel for a reason described in Paragraphs B.3.b.2 through 8 above. The notice of cancellation will state the reason for cancellation. 4. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 5. Proof of mailing of any notice shall be sufficient proof of notice. C. The following applies with respect to coverage provided under the following FARM COVERAGE PART 1. Policies In Effect 60 Days Or More a. If this Coverage Part covers buildings used for residential purposes and has been 1 In effect for at least 60 days or 2 Renewed by us Paragraphs A.2. and A.6. of the Cancellation Common Policy Condition do not apply and the following is added to the Cancellation Common Policy Condition b. We may not cancel this policy except for 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge a In obtaining this policy or b In connection with a claim under this policy 3 An act or omission by you that materially increases the risk we originally accepted or 4 A physical change in the Covered Property which a Is not corrected or restored within a reasonable time after it occurs and b Results in the property becoming uninsurable. c. We may cancel this policy by giving the first Named Insured written notice of cancellation at least 1 20 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for a reason described in Paragraphs C.1.b.2 through 4. Such notice will be mailed or delivered to the first Named Insured and will contain the reason for cancellation. Proof of mailing of any notice shall be sufficient proof of notice. Page 2 of 3 ISO Properties Inc. 2007 IL 02 45 09 08 | 2 |
2. Policies In Effect Less Than 60 Days When this Coverage Part covers buildings used for residential purposes and is a new policy which has been in effect fewer than 60 days cancellation is subject to the terms of the Cancellation Common Policy Condition except for Paragraphs A.2. and A.6. and is not subject to Paragraph B. or Paragraph C.1. of this endorsement. Under this Item C.2. Paragraphs A.2. and A.6. of the Cancellation Common Policy Condition are replaced by the following We may cancel this policy by giving the first Named Insured written notice of cancellation at least 20 days before the effective date of cancellation. Such notice will be mailed or delivered to the first Named Insured. Proof of mailing of any notice shall be sufficient proof of notice. If we cancel this policy for underwriting considerations we will inform you of the source from which the information was received. D. The following is added and supersedes any provisions to the contrary NONRENEWAL If we decide not to renew this policy we may do so by giving the first Named Insured and any agent written notice of our intent not to renew at least 60 days before the expiration date of this policy. Such notice will be delivered or mailed by first class mail to their last mailing addresses known to us. Proof of mailing of any notice shall be sufficient proof of notice. We need not mail or deliver this notice if you have 1. Insured elsewhere 2. Accepted replacement coverage or 3. Agreed not to renew this policy. IL 02 45 09 08 ISO Properties Inc. 2007 Page 30of 3 | 2 |
POLICY NUMBER 37 nan nan nan nan 538817.0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERICIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 4. the Other Insurance Condition Section IV Commercial General Liability Conditions is replaced by the following 4. Other Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis except when purchased specifically to apply in excess of this insurance. If this insurance is excess we will have no duty under this Coverage Part 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. If this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a. The total amount that all such other insurance would pay for damages in the absence of this insurance and b. The total of all deductible and self insured amounts under all that other insurance. Paragraph 2.e. of Section IV Commercial General Liability Conditions is replaced by the following Ad 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. ional Insureds Other Insurance Form HS 25 32 06 08 Page 1 of 1 2008 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THE g HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES CONTRACTUAL LIABILITY EXCLUSION AND SUPPLEMENTARY PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Exclusion b. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to 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. B. Section I Supplementary Payments Coverages A And B is replaced by the following 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 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 these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured Form HG 01221210 Page 1 of 2 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. 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 2 of 2 Form HG 01221210 | 2 |
COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. IL0017 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 2 | 2 |
E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Sze Lisa Levin Secretary Donfhn el Douglas Elliot President Page 2 of 2 IL 0017 11 98 | 2 |
THE g HARTFORD Named Insured THE MARVIN COMPANIES INC. Policy Number 37 538817 Effective Date 09012020 Expiration Date 09012021 Company Name HARTFORD FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION AIRCRAFT PRODUCTS 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 This insurance does not apply to bodily injury or property damage included within the products completed operation hazard and arising out of 1. Aircraft products 2. Reliance upon any representation or warranty made with respect to aircraft products 3. The grounding of any aircraft or 4. Liability assumed by you under any contract or agreement if such liability arises out of aircraft products.. LIMITED EXCEPTION This exclusion does not apply to bodily injury to persons operating maintaining repairing or installing any aircraft products provided such bodily injury does not occur while the aircraft is in motion.. For the purposes of this endorsement the tions following definitions are added to the Defi Section 1. Aircraft includes but is not limited to a. Heavier than air flying vehicles b. c. d. e. f. Lighter than air flying vehicles Helicopters Gliders Missiles or Spacecraft. 2. Aircraft products means a. b. Aircraft or Any other goods or products other than real property designed manufactured sold handled or distributed or services produced or recommended by 1 Youor 2 Others trading under your name for use in the manufacture repair operation maintenance or use of any aircraft. 3. Grounding means b. The withdrawal of one or more aircraft from flight operations or The imposition of speed passenger or load restrictions on aircraft. Form HC 22 03 09 14 Page 1 of 1 2014 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCRIMINATION AMENDMENT OF PERSONAL AND ADVERTISING INJURY DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph h. is added to the definition of Personal and advertising injury as follows h. Discrimination that results in humiliation or other injury to the feelings or reputation of a natural person provided that such discrimination is not committed by or at your direction or the direction of any partner member manager executive officer director stockholder or trustee of the insured. Form HC 30 06 09 16 Page 1 of 1 2016 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS BROAD FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS A. Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Aircraft Auto Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 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 that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Paragraph g.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment 2 Form HC 23 14 06 17 2017 The Hartford 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 other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 51 feet long and ii Not being used to carry persons for a charge 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 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage arising out of i The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or c d e Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. craft Auto Or Watercraft Coverage A Bodily Injury mage Liability is replaced by does not apply to uto Or Watercraft nned Aircraft injury or property damage out of the ownership nance use or entrustment to of any aircraft that is an nned aircraft. Use includes ion and loading or unloading. aragraph g.1 applies even if ims against any insured allege ence or other wrongdoing in the ision hiring employment g or monitoring of others by sured if the occurrence which d the bodily injury or property Je involved the ownership nance use or entrustment to of any aircraft that is an nned aircraft. ft Other Than Unmanned ft Auto Or Watercraft injury or property damage out of the ownership nance use or entrustment to of any aircraft other than nned aircraft auto or raft owned or operated by or or loaned to any insured. Use s operation and loading or ling. aragraph g.2 applies even if ims against any insured allege ence or other wrongdoing in the ision hiring employment training or monitoring that insured if the occl caused the bodily injur damage involved th maintenance use or others of any aircraf unmanned aircraft watercraft that is owne by or rented or loaned t This Paragraph g.2 d to a A watercraft whil premises you own A watercraft you dc is i Lessthan 51 fe ii Not being us persons for a cl c Parking an auto ways next to pren or rent provided th owned by or rentec you or the insured Liability assumed insured contrac ownership maintel of aircraft or waterc Bodily injury damage arising ou i The operation or equipment tt to or part of. that would que definition C equipment if subject to a financial respol other motor ver law where it principally gara b d e | 2 |
ii The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. f 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. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Form HC 23 14 06 17 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire Insurance Co. ANNUAL MEETING NOTICE Your policy is issued by a stock insurance company subsidiary of the Liberty Mutual Holding Company Inc. a Massachuselts mutual holding company. The named insured first named in the Declarations is a member of Liberty Mutual Holding Company Inc. As a member of Liberty Mutual Holding Company Inc. the named insured first named is entitted among other things to vote either in person or by proxy at the annual meeting or special meetings of said company. The Annual Meeting of Liberty Mutual Holding Company Inc. is at its offices focated at 175 Berkeley Street Boston Massachusetts on the second Wednesday in April cach year at ten oclock in the morning. Members of Liberty Mutual Holding Company Inc. may request a copy of the company s annual financial statements which are posted on Liberty Mutual s website at www.libertymutual.com or by writing to Liberty Mutual Holding Company Inc. 175 Berkeley Street Boston Massachusetts 02116 Attention Corporate Secretary. PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. Do Lay PRESII Page 1 of 1 2013 Liberty Mutual Insurance. Al rights reserved. LIL 90 0406 13 | 2 |
Liberty Mutual. INSURANCE COMMERCIAL GENERAL LIABILITY DECLARATIONS OCCURRENCE Issued By Liberty Mutual Fire Insurance Co. Policy Number TB2 Z91 458280 035 Issuing Office. WARRENVILLE Il Renewal Of TB2 7291 458280 034 issue Date 2015 01 08 Account Number 9 458280. o Sub Account 0000 Named Insured and Mailing Address Franchise 5004 Pavers Inc. 505 Francis Ave Salina KS 67401 Form of Business Corporation Policy Period The policy period is from 01072015 to 01012016 1201 A.M. standard time at the Insured s mailing address. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damage to Premises Rented to You Limit 300000 Any one premises Medical Expense Limit 5000 Any one person Personal Advertising Injury Limit 1000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 SCHEDULE The declarations are completed on the accompanying Declarations Extension Schedules. Commercial General Liability Coverage Part Premium 29179 Endorsement Premium 1694 Total Estimated Premium 30873 Policywriting Minimum Premium 1000 Forms Applicable See Attached Inventory J MY Riagh el b LOCKTON 0073004710 LOCKTON COMPANIES LLC KANSAS CITY SERIE 444 W 47TH ST STE 900 KANSAS CITY MO 64112 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LC 00040812 | 2 |
DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS Policy Number TB2 Z91 458280 035 Class Code 49451 Description Vacant Land Other than Not For Profit Products Completed Operations are subject to the General Aggregate Limit Concrete Construction nan nan nan nan 91560.0 Contractors Executive Supervisors or Executive Superintendents Products Completed Operations are subject to the General Aggregate Limit Contractors subcontracted work in connection with street or highway construction or repair not elevated nan nan nan nan 91580.0 nan nan nan nan 91589.0 Contractors Permanent Yards maintenance or storage of equipment or material Products Completed Operations are subject to the General Aggregate Limit Driveway Parking Area or Sidewalk paving or repaving nan nan nan nan 91590.0 nan nan nan nan 92215.0 Excavation NOC nan nan nan nan 94007.0 Plumbing commercial and industrial Sewer Mains or Connections Construction nan nan nan nan 98482.0 nan nan nan nan 98820.0 Street or Road Paving or Repaving Surfacing or Resurfacing or Scraping Water Mains or Connections Construction nan nan nan nan 99321.0 nan nan nan nan 99946.0 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCS 00010512 | 2 |
DECLARATIONS EXTENSION SCHEDULE Policy Number TB2 Z91 458280 035 Premium Premium Basis Rates Class Code KANSAS Location 1.1 505 Francis Ave. Salina KS 67401 49451 Premises Operations Products Completed Operations 91560 Premises Operations Products Completed Operations 91580 Premises Operations Products Completed Operations 91589 Premises Operations Products Completed Operations 91590 Premises Operations Products Completed Operations 92215 Premises Operations Products Completed Operations 94007 Premises Operations Products Completed Operations 98482 Premises Operations Products Completed Operations 98820 Premises Operations Products Completed Operations LCS 00020512 Each Acre Payroll Payroll Total Cost Payroll Payroll Payroll Payroll Payroll 80 included if any if any 250000 included 250000 250000 200000 included 100000 100000 if any if any ifany if any if any ifany Per 1 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 Per 1000 2012 Liberty Mutual Insurance. All rights reserved. 0.753 7.960 9.467 10.524 3.823 0.869 7.582 7.635 6.866 20.702 13.937 7.138 19.711 16.400 12.019 Includes copyrighted material of Insurance Services Office Inc. with its permission. 60 nan nan nan nan 0.753 nan nan nan nan 7.96 nan 9.467 2631 956 217 nan nan nan nan 3.823 nan 0.869 1.516 nan nan nan nan 7.582 764 687 nan nan nan nan 7.635 nan 6.866 Payroll Payroll Payroll Page 1 of 2 | 2 |
DECLARATIONS EXTENSION SCHEBULE continued Policy Number TB2 291 458280 035 Premium 14014 8334 Premium Basis Payrofl 750000 750000 Payroll if any if any Rates Per 1000 18.685 11.112 Per 1000 13.026 9.933 Class Code 99321 Premises Operations Products Completed Operations 99946 Premises Operations Products Completed Operations Total for KANSAS TOTAL Payroll 29179 29179 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 LCS 00020512 | 2 |
DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES Policy Number TB2 Z91 458280 035 Premium Basis Employee Benefits System Rated Charges 312 Rates Employee Benefits Notice of Cancellation to Third Parties Included nan nan nan nan 334.0 Flat Charge Commercial General Liability Enhancement for Contractors Minimum and Flat charge 334 Designated Construction Project or Designated Location Combined Aggregate Limits Minimum and Flat charge 798 Damage to Premise Rented to You Excess Limits nan nan nan nan 798.0 Flat Charge nan nan nan nan 250.0 Flat Charge 1694 TOTAL MISCELLANEOUS CHARGES 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCS 00030512 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire insurance Co. Inventory Coverage Forms Parts Endorsements Enclosures COVERAGE FORMS PARTS ENDORSEMENTS AND ENCLOSURES FORMING A PART OF THIS POLICY AT INCEPTION Form Number Edition Date Title COMMON POLICY FORMS LIL 90 04 06 13 ANNUAL MEETING NOTICE LC 000408 12 COMMERCIAL GENERAL LIABILITY DECLARATIONS LCS 00010512 DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS LCS 000205 12 DECLARATIONS EXTENSION SCHEDULE LCS 0003 05 12 DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES 1C 00 4207 09 Inventory Coverage Forms Parts Endorsements Enclosures IL00 171198 Common Policy Conditions IL 02610907 Kansas Changes Cancellation And Nonrenewal ANNUAL MEETING NOTICE COMMERCIAL GENERAL LIABILITY DECLARATIONS DECLARATIONS EXTENSION SCHEDULE CLASSIFICATION DESCRIPTIONS DECLARATIONS EXTENSION SCHEDULE DECLARATIONS EXTENSION SCHEDULE MISCELLANEOUS CHARGES Inventory Coverage Forms Parts Endorsements Enclosures Common Policy Conditions Kansas Changes Cancellation And Nonrenewal COMMERCIAL GENERAL LIABILITY CG00010413 Deductible CG 030001 96 Coverage Endorsements CG 04351207 LC 25130808 LC 2904 08 08 LC 2906 08 08 LC 99360213 LC290810 11 LG 320506 05 LIM99 010511 LC 04430512 LC25191013 TRIA Exclusions CG 21730108 CG 21870107 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Deductible Liability Insurance Employee Benefits Liability Coverage Non Cumutation of Liability Same Occurrence Personal and Advertising Injury Definition of Publication Personal and Advertising Injury Occurrence Redefined PREMIUM RESPONSIBILITY ENDORSEMENT Advertisement Redefined Damage First Occurring Prior to Policy Period Exclusion Notice of Cancellation to Third Parties Commercial General Liability Enhancement for Contractors Designated Construction Project or Designated Location Cor Aggregate Limits Exclusion of Certified Acts of Terrorism CONDITIONAL EXCLUSION OF TERRORISM RELATING DISPOSITION OF FEDERAL TERRORISM RISK INSUF Deductible Liability Insurance Employee Benefits Liability Coverage Non Cumutation of Liability Same Occurrence Personal and Advertising Injury Definition of Publication Personal and Advertising Injury Occurrence Redefined PREMIUM RESPONSIBILITY ENDORSEMENT Advertisement Redefined Damage First Occurring Prior to Policy Period Exclusion Notice of Cancellation to Third Parties Commercial General Liability Enhancement for Contractors Designated Construction Project or Designated Location Combined Aggregate Limits Exclusion of Certified Acts of Terrorism CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT Page 1 of 2 2008 Liberty Mutual Group of Companies. All rights reserved. IC 00 4207 09 | 2 |
Form Number Edition Date CG 26880108 CG 32140107 CG 32200107 Other Exclusions CG 21471207 CG 2149 0999 CG 21540196 CG 21671204 CG 22340413 CG 22790413 IL 00 21 09 08 LC 21010605 LC 210206 05 LC 2104 06 05 LC 2106 06 07 LC 2109 06 07 LC 216208 07 LC 21640807 LC 21681011 CG 21060514 LC 21108 1013 LC 21871013 State Mandatory CG 01091185 Title Alaska Exclusion of Certified Acts of Terrorism ALASKA CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERALTERRORISM RISK INSURANCE ACT WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT Employment Related Practices Exclusion Total Pollution Exclusion Endorsement Exclusion Designated Operations Covered By A Consolidated Wrap Up Insurance Program Fungi or Bacteria Exclusion EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY Nuclear Energy Liability Exclusion Endorsement Broad Form Asbestos Exclusion Endorsement Silica Exclusion Endorsement Discrimination Exclusion Lead Exclusion Designated Ongoing Operations Exclusion Exterior Insulating Finish System EIFS Exclusion Land or Earth Movement Exclusion Residential Construction Operations Exclusion Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Mold and Mold Related Construction Defect Exclusion Intercompany Claims Exclusion Kansas and Oklahoma Changes Transfer of Rights Employment Related Practices Exclusion Total Pollution Exclusion Endorsement Exclusion Designated Operations Covered By A Consolidated Wrap Up Insurance Program Fungi or Bacteria Exclusion EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY Nuclear Energy Liability Exclusion Endorsement Broad Form Asbestos Exclusion Endorsement Silica Exclusion Endorsement Discrimination Exclusion Lead Exclusion Designated Ongoing Operations Exclusion Exterior Insulating Finish System EIFS Exclusion Land or Earth Movement Exclusion Residential Construction Operations Exclusion Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Mold and Mold Related Construction Defect Exclusion Intercompany Claims Exclusion Kansas and Oklahoma Changes Transfer of Rights NOTICES TO POLICYHOLDER CNI9007 0114 IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISM RISK INSURANCEACT AND THE REDUCTION IN COVERAGE FOR TERRORISM LOSSES CNL 90011013 IMPORTANT NOTICE TO POLICYHOLDERS PREMIUM DETERMINATION SUBCONTRACTORS EN 90 48 07 09 Disclosure Terrorism Risk Insurance Act CNL 90011013 EN 90 48 07 09 Page 2 of 2 2008 Liberty Mutual Group of Companies. All rights reserved. IC 00 42 07 09 | 2 |
Al e Common Policy Conditions Parts included in this policy are subject to the following conditions CANC LLATION 1. The First Named Insured shown in the Declarations nuay cancel this policy by mailing or delivering 1o us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured writien notice of cancellation at least 10 days before the effective date of cancelbation if we cancel for nonpayment of promium or b 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice o the first Naned Insured s last mailing address known o us. 4. Notice of cancellation will state the effective date of cancellation The policy period will end on that date. 5. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and Recommend changes. 2. Weare not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or Copyright Insurance Services Office Inc. 1998 Page 1 of 2 IL0017 1198 11 98 | 2 |
b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or simitar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payce for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. 1f you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 2 of 2 IL00 17 1198 11 98 | 2 |
IL 02610907 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endersement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy 4 Unfavorable underwriting factors specific to Condition is replaced by the following you exist that were not present at the in 2.a. We may cancel this policy by mailing or deliv ception of this policy ering to the first Named Insured written notice 5 A determination by the insurance commis of cancellation stating the reasons for cancel sioner that continuation of coverage could lation at least placc us in a hazardous financial condition 1 10 days before the effective date of cancel or in violation of the laws of Kansas or lation if we cancel for nonpayment of pre 6 A determination by the insurance commis mium. sioner that we no longer have adequate re 2 30 days before the effective date of cancel insurance to meet our needs. lation if we cancel for any other reason. B. The following is added and supersedes any condi b. If this policy has been in effect for 90 days or tion to the contrary more or if it is a renewal of a policy we issued NONRENEWAL we may cance this policy only for one or more 1. If we decide not to renew this policy we will of the following reasons mail or deliver written notice of nonrenewal 1 Nonpayment of premium stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 1SO Properties Inc. 2006 Page 1 of 1 IL 0261 09 07 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the cntire policy carefuily 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 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 wil have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damnage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section It Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section It Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 3 Insurance Services Office Inc. 2012 Page 1 of 16 CG 00010413 | 0 |
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 or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation flaw or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the 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 obligaton 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. 2. Exclusions This insurance does not apply to a. c. Expected Or Intended injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 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 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. 3 Insurance Services Office Inc. 2012 Page 2 of 16 CG 00010413 | 1 |
d At or frem any premises site or location on which any insured or any contractors or subcontractors working directly or indircctly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iti Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator 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 0 i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Ator 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 orfor i Any insured or Any person or organization for whom you may be legally responsible or Insurance Services Office Inc. 2012 Page 3 of 16 CG 00010413 | 1 |
5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibilty law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by n auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 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 sutt by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Insurance Services Office Inc. 2012 Page 4 of 16 CG 00010413 | 1 |
9. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment remaoval or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or m. 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liabilty assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Insurance Services Office Inc. 2012 Page 5 of 16 CG 00010413 | 1 |
2. Exclusions This insurance does not apply to a.. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2 b. Insurance Services Office Inc. 2012 Page 6 of 16 CG 00010413 | 1 |
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 poliutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act 2 4 TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. m. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting Designing or determining content of web sites for others or 3 An Internet search access content or service provider. 2 However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Insurance Services Office Inc. 2012 Page 7 of 16 CG 00010413 | 1 |
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. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. 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 i a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 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. o d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not inciude 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. f. 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 The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments wil 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. Insurance Services Office Inc. 2012 Page 8 of 16 CG 00010413 | 1 |
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 1 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 fimits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. o o 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 fimits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee secks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that s an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b 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. Insurance Services Office Inc. 2012 Page 9 of 16 CG 00010413 | 1 |
c. Any person or organization having proper temporary custody of your property if you die but enly 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. 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 Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. b. o No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we wil pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members ff 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 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member f you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Insurance Services Office Inc. 2012 Page 10 of 16 CG 00010413 | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. if a claim is made or suit is brought against any insured you must 1 Immediately rccord the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 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. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and o Insurance Services Office Inc. 2012 Page 11 of 16 CG 00010413 | 1 |
3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of ail deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing if all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts untii 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.. 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 4. Other Insurance If other valid and collectible insurance is avaitable to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liabilty as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess 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 sut. If no other insurer defends we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. Insurance Services Office Inc. 2012 Page 12 of 16 CG 00010413 | 1 |
w However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibiity 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. 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 fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 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 ecach 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 ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle traller 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. Insurance Services Office Inc. 2012 Page 13 of 16 CG 00010413 | 1 |
10.Leased worker means a person leased to you by 1 a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 9.Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any rairoad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 Insurance Services Office Inc. 2012 Page 14 of 16 CG 00010413 | 1 |
16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. c However scif propelled vehicles with the following types of permanently attached cquipment are not mobile equipment but wil be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does notinclude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Insurance Services Office Inc. 2012 Page 15 of 16 CG 00010413 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a Means 1 Work or operations performed by you or on 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. Insurance Services Office Inc. 2012 Page 16 of 16 CG 00010413 | 1 |
MBER TB2 791 453280 035 COMMERCIAL GENERAL LIABILITY CG 03000196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER TB2 791 453280 035 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis o Amount and Basis of Deductible PERCLAIM or PEROCCURRENCE 2500 SCHEDULE Coverage Amount and Basis of Deductible PERCLAIM or PEROCCURRENCE Bodily Injury Liability OR Property Damage Liability 13 2500 OR Bodily Injury Liability andor Property Damage Liability Combined 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 all bodily injury and property damage however caused 2500 b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person be cause of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of ser vices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. o A Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to ail damages sustained by any one person be cause of bodily injury Copyright Insurance Services Office Inc. 1994 Page 1 of 2 CG 03 00 0196 | 2 |
C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is ona per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property dam age or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bedily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regard less of the number of persons or organizations who sustain damages because of that occur rence. Copyright Insurance Services Office Inc. 1994 CG 03000196 Page 2 of 2 | 2 |
POLICY NUM BER TB2 291 458280 035 COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THEENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Employee Benefits 1000000 each employee Not Applicable Programs s 2000000 aggregate Retroactive Date 01012012 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable 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 to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. b. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 3 ISO Properties Inc. 2006 Page 1 of 6 CG 04351207 | 2 |
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. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws.. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. Employment Related Practices Damages arising out of wrongful termin ation of employment discrimination or oth er employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. 2 When we make settlement in accor dance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or pers onal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. 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. v ISO Properties Inc. 2006 CG 04351207 Page 2 of 6 | 2 |
The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insur ance. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section iV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and ol c. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 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 no other similar insurance applies 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 pol icy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Il Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 Anact error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. o Page 3 of 6 ISO Properties Inc. 2006 CG 04351207 | 2 |
2 The names and addresses of anyone who may suffer damages as a resuit of the act error or omission. b. if a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission 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 without our consent. 4. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. 2 b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we wil pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specificaily to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement.. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer 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 per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. 1SO Properties Inc. 2006 CG 04351207 Page 4 of 6 | 2 |
The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the cffect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. If the Extended Reporting Period is in effect we wil provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payrol deductions. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the resuit of an act error or omission. v o 2. L F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTINGPERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. ISO Properties Inc. 2006 Page 5 of 6 CG 04351207 | 2 |
e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 18. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 4 Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits v c. Unemployment insurance social security benefits workers compensation and dis ability benefits Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and a ISO Properties Inc. 2006 CG 04351207 Page 6 of 6 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. I CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMEN Non Cumulation of Liability Same Occurrence This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to paragraph 4. of the Limits of Insurance Section If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andlor future liability policyies issued to you by us also applies then this policy s Personal and Advertising Injury Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. The following is added to paragraph 5. of the Limits of Insurance Section If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of on or more prior andor future liability policyies issued to you by us then this policy s Fach Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. The final paragraph of the Limits of Insurance Section is replaced with the following The aggregate Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and o 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 aggregated Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages and Medical Expenses because of all bodily injury and property damage arising out of any one occurrence and the Personal and Advertising Injury Limit is the most we will pay for damage because of all personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. Page 1 of 1 LC 251308 08 | 2 |
Policy Number TB2 Z91 158280 035 Issued by Liberty Mutual Fire Insurance Co. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Personal and Advertising Injury Redefined Definition of Publication This endorsement modifies the insurance provided under the followi COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART phs. and e. of the definition of personal and advertising injury are replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses d. Oral or written publication directly to the public at large of material that slanders or libels a person or organization ot disparages a person s or organization s goods products or services. e 1 Oral or written publication dirccly o the public at large of material that violates a person s right of privacy 2 Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness. The following definition is added to the Definitions Section Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information. Page 1 of LC 2904 08 08 | 2 |
Policy Number TB2 Z91 458280 035 Issucd by Liberty Mutal Fire Insurance Co. TS ENDORSEMI CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Personal and Advertising Injury Occurrence Redefined This endorsement modilies the insurance provided under the followi COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 4. of the Limits of Insurance scction is eplaced by the following 4. Subject 10 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 arising out of any one occurrence. B. The definition of occurrence in the Definitions section is replaced by the following Occurrence meuns a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. Page 1 of 1 LC 29 06 08 08 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM RESPONSIBILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART Paragraph E. Premiums of the Common Policy Conditions is replaced by the following 1. Each Named Insured is jointly and severally liable for all premiums due under this policy and for any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 2. The first Named Insured will be the payee for any return premiums we pay. Page 10of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC99360213 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVERTISEMENT REDEFINED This endorsement modifies insurance provided under the foilowing COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of advertisement in the Definitions Section is replaced by the following Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Announcements that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 1 of 1 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC29081011 | 2 |
158280035 1 Fire Insurance Co. Policy Number TB2 291 Issued by Liberty Mut THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I CAREFULLY. Damage First Occurring Prior to Policy Period Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury or property damage within the products completed perations hazurd if the injury or damage first occurred prior 1o the effective date of this policy. Page 1 of 1 LG 320506 05 | 2 |
Policy Number TB2 Z.91 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Name of Other Persons Email Address or mailing address Number Days Notice Organizations Per schedule on file Per schedule on file 30 A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule above. We wilt send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Qur failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Page 10of 1 2011 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LimM 99 01 05 11 | 2 |
Policy Number TB2 791 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items ftem 1. ltem 2. Item 3. Item 4. ltem 5. Item 6. ltem 7. ltem 8. ftem 9. ltem 10. ftem 11. Item 12. ftem 13. Item 14. Item 15. Item 16. Item 17. Item 18. Reasonable Force Non Owned Watercraft Extension Damage To Premises Rented To You Expanded Coverage Bodily Injury To Co Employees Health Care Professionals As Insureds Knowledge Of Occurrence Notice Of Occurrence Unintentional Errors And Omissions Bodily Injury Redefinition Supplementary Payments Increased Limits Property In Your Care Custody Or Control Mobife Equipment Redefinition Newly Formed Or Acquired Entities Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees Assignees or Receivers Owners Lessees or Contractors Architects Engineers or Surveyors Any Person or Organization Blanket Additional Insured Grantors Of Permits Waiver Of Right Of Recovery By Written Contract Or Agreement Other Insurance Amendment Contractual Liability Railroads Item 1. Reasonable Force Exclusion a. of Section Coverage A Bodily Injury And Property Damage Liabilty is replaced by the following 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. Item 2. Non Owned Watercraft Extension Paragraph 2 of Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2 A watercraft you do not own that is 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 9 LC 04430512 | 2 |
a Less than 55 feet long and b Not being used to carry persons or property for a charge Item 3. Damage To Premises Rented To You Expanded Coverage A. The final paragraph of 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by fire lightning or explosion or subsequent damages resulting from such fire lightning or explosion including water damage 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 lil Limits Of Insurance. B. Paragraph 6. of Section Ill Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire lightning explosion or subsequent damages resulting from such fire lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of a. 300000 or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of insured contract in Section V Definitions is replaced by the following a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire lightning explosion or subsequent damages resulting from such fire lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. D. The paragraph immediately following Paragraph 6 of exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire lightning or explosion or subsequent damages resulting from such fire lightning or explosion including water damage to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section il Limits of Insurance. Item 4. Bodily Injury To Co Employees A. Paragraph 2. of Section Ii Who Is An Insured is amended to include Each of the following is also an insured Your supervisory or management 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 are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to bodily injury 1 Toyou 2 To your partners or members if you are a partnership or joint venture 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 9 LC 04430512 | 2 |
3 To yourmembers if you are a limited liability company or 4 To a coemployee or volunteer worker while that coemployee or volunteer worker is cither in the course of his or her employment by you or white performing duties related to the conduct of your business including participation in any recreational activities sponsored by you. Your employees other than cither your cxecutive 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 or volunteer workers are insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in bodily injury 1 To you 2 To your partners or members if you are a partnership or joint venture 3 To your members if you are a limited liability company or 4 To a coemployee or volunteer worker while that coemployee or volunteer worker is either in the course of his or her employment by you or while performing duties refated to the conduct of your business including participation in any recreational activities sponsored by you. A Good Samaritan Act means an attempt to rescue or aid a person in imminent or serious peril provided the attempt is not recklessly made. However none of these employees including supervisory or management employees or volunteer workers are insureds for the providing or failure to provide professional health care services. B. The insurance provided by this Item 4. will not apply if the injured person s sole remedy for such injury is provided under a workers compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured whether primary excess. contingent or on any other basis. ltem 5. Health Care Professionals As Insureds A. Paragraphs 2.a.1a and d of Section Il Who Is An Insured do not apply to bodily injury or personal and advertising injury arising out of the providing of or failure to provide professional health care services by any employee or volunteer of the Named Insured who is a designated health care provider if the bodily injury or personal and advertising injury occurs in the course and scope of the designated health care provider s employment by the Named Insured. B. With respect to employees and volunteer workers providing professional health care services the following exclusions are added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to 1 Liability assumed under an insured contract or any other contract or agreement 2 Liability arising out of the providing of professional health care services in violation of law 3 Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics 4 Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or LC 04430512 2012 Liberty Mutual Insurance. All rights reserved. Page 3 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
5 Punitive or exemplary damages fines or penalties. C. The following definition is added to Section V Definitions Designated health care provider means any employee or volunteer worker of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this ltem 5. is excess over any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis. ltem 6. Knowledge Of Occurrence Knowledge of an occurrence by your agent servant or employee will not in itself constitute knowledge by you unless your executive officer or employee or other third party designated by you to notify us of occurrences has knowledge of the occurrence. Item 7. Notice Of Occurrence For purposes of Paragraph 2.a. of Section IV Conditions you refers to an executive officer of the Named Insured or to the employee designated by the insured to give us notice. Item 8. Unintentional Errors And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Item 9. Bodily Injury Redefinition The definition of bodily injury in Section V Definitions is replaced by the following Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments Increased Limits Paragraphs 1.b. and 1.d. of Section Supplementary Payments Coverages A And B are replaced by the following b. Up to 3000 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. 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 substantiated loss of earnings up to 500 a day because of time off from work. 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 9 LC 04430512 | 2 |
ltem 11 Property In Your Care Custody Or Control A. Paragraphs 3 and 4 of exclusion j. of Section Coverage A Bodily Injury and Property Damage Liability only apply to 1. Property damage to borrowed cquipment or 2. Property damage to property in your care custody and control while in transit. B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance whether primary excess contingent or on any other basis unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2. 3. and 5. of Section lll Limits Of Insurance the most we will pay for insurance provided by Paragraph A. above is 10000 Each Occurrence Limit 25000 Aggregate Limit The Each Occurrence Limit for this coverage applies to ali damages as a result of any one occurrence regardless of the number of persons or organizations who sustain damage because of that occurrence. The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Item 12. Mobile Equipment Redefinition The definition of Mobile Equipment in Section V Definitions is amended to include self propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for 1 Snow removal 2 Road Maintenance but not construction or resurfacing or 3 Streetcleaning. Item 13. Newly Formed Or Acquired Entities Paragraph 3. of Section Il Who Is An Insured is replaced by the following 3. Any organization other than a partnership or joint venture you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until 1 The 180th day after you acquire or form the organization 2 Separate coverage is purchased for the organization or 3 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 LC 04430512 2012 Liberty Mutual Insurance. Al rights reserved. Page 5 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 9 | 2 |
c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. ltem 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section Il Who Is An Insured is amended to add the following e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy 1 Lessors of Leased Equipment The persons or organizations frem whom you lease equipment 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. 2 Managers or Lessors of Premises Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership maintenance or use of the premises leased to you and caused in whole or in part by some negligent acts or omissions of you your employees your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured s sole negligence then the coverage for the additional insured shall conform to the agreement but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured s sole negligence. This insurance does not apply to a Any occurrence which takes place after you cease to be a tenant in that premises or to lease that land or b Any premises for which coverage is excluded by endorsement. 3 Mortgagees Assignees or Receivers Any persons or organizations with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of your premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. Owners Lessees or Contractors any persons or organizations to whom you are obligated by a written agreement to procure additional insured coverage 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 your employees your agents or your subcontractors in the performance of your ongoing operations. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of your work included in the products completed operations hazard unless you are required to provide such coverage for the additional insured by the written agreement and then only for the period of time required by the written agreement and only for liability caused in whole or in part by your acts or omissions or the acts or omissions of your employees your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured except as provided below. Page 6 of 9 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 04430512 | 2 |
5 6 If the written agreement obligates you to procure additional insured coverage for the additional insured s sole negligence then the coverage for the additional insured shall conform to the agreement but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured s sole negligence. 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 a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Supervisory inspection architectural or engineering activities. Architects Engineers or Surveyors any architect engineer or surveyor engaged by you 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 a In connection with your premises or b Inthe performance of your ongoing operations. 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 a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Supervisory inspection architectural or engineering activities. Any Person or Organization Other Than a Joint Venture Any person or organization other than a joint venture of which you are a member for whom you are obligated by a written agreement to procure additional insured coverage 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 a Inthe performance of your ongoing operations or b In connection with premises owned by you. This insurance does not apply to 1. Any construction renovation demolition or installation operations performed by or on behalf of you or those operating on your behalf 2. Any person or organization whose profession business or occupation is that of an architect surveyor or engineer with respect to liability arising out of the preparation or approval of maps drawings opinions reports surveys change orders designs specification or the performance of any other professional services by such person or organization or 3. Any person or organization more specifically covered in Paragraphs e.1 through 5 above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e. 1 Applies only to coverage and minimum limits of insurance required by the written agreement or written contract but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 9 LC 04430512 | 2 |
2 Does not apply to any person or organization for any bodily injury property damage or personal and advertising injury if any other additional insured endorsement attached to this policy applies to that person or organization with regard to the bodily injury property damage or personal and advertising injury 3 Applies only if the bodily injury or property damage occurs or offense giving rise to personal and advertising injury is committed subsequent to the execution of the written agreement and 4 Applies only if the written agreement is in effect at the time the bodily injury or property damage occurs or at the time the offense giving rise to the personal and advertising injury is committed. Item 15. Blanket Additional Insured Grantors Of Permits Paragraph 2. of Section Il Who Is An Insured is amended to add the following Any state municipality or political subdivision with respect to any operations performed by you or on your behalf or in connection with premises you own rent or control and to which this insurance applies for which the state municipality or political subdivision has issued a permit. However this insurance does not apply to 1. Bodily injury property damage or personal and advertising injury arising out of operations performed for the state municipality or political subdivision 2. Any bodily injury or property damage included within the products completed operations hazard except when required by written contract or agreement initiated prior to loss or 3 Bodily injury property damage or personal and advertising injury unless negligently caused in whole or in part by you or those acting on your behalf. ltem 16. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or your work included in the products completed operations hazard that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the bodily injury or property damage occurs or offense giving rise to personal and advertising injury is committed subsequent to the execution of the written contract or agreement. item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary excess contingent or any other basis for any person or organization that qualifies as an additional insured on this policy this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Paragraph 4. Other Insurance of Section IV Conditions will govern. However this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same occurrence claim or suit. Item 18. Contractual Liability Railroads Paragraph 9. of Section V Definitions is replaced by the following 9. Insured Contract means 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 9 LC 04430512 | 2 |
A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any casement or ficense agrecment An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies 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 failing to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 9 LC 04430512 | 2 |
Policy Number TB2 791 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS WITH TOTAL PROJECT AND LOCATION AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Desinated Construction Projects or De nated Locations All locations and all construction projects at which you are performing ongoing operations. Total Project and Location Aggregate Limit 15000000 A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project or a single designated location 1. A separate Designated General Aggregate Limit applies to each designated construction project and to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated General Aggregate Limit for that designated construction project or designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated construction project or designated location. 4. The limits shown in the Declarations for Each Occurrence Damage to Premises Rented to You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits wiil be subject to the applicable Designated General Aggregate Limit and the Total Project and Location Aggregate Limit. ojtcts at which you are perfommg ongoing operations. tal Project and Location Aggregate Limit 15000000 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 2 LC 25191013 | 2 |
5. The Total Project and Location Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all damages caused by occurrences under Section Coverage A and all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single construction project or a single location regardless of the number of construction projects locations occurrences or accidents.. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project or single designated location 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated General Aggregate Limit.. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit. If the applicable construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project.. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means any premise that you occupy for permanent operations as part of your business but does not include any premises at which you are performing operations as part of a construction project. All 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 shall be considered a single location.. The provisions of Section IIl Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 2013 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 25191013 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure 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 con duct of the United States Government by coercion. Page 1 of 1 IS0 Properties Inc. 2007 CG 21730108 | 2 |
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