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COMMERCIAL GENERAL LIABILITY CG 21870107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this Coverage Part or Policy or. A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and. Remain applicable unless we notify you of changes in these provisions in response to federal law. 2. If 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. the provisions of this endorsement become applicable such provisions Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal law. ISO Propetties Inc. 2005 Page 1 of 3 CG 21870107 | 2 |
3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following defintions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or vielence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 3 Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold s exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purpeses of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfig urement or c. Protracted loss of or impairment of the function of a bodily member or organ. SO Properties Inc. 2005 CG 21870107 Page 2 of 3 | 2 |
Muiltipte incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magrnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. SO Properties Inc. 2005 Page 3 of 3 CG 21870107 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 88 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following B. COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising out of a certified act of terrorism. 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. ISO Properties Inc. 2007 Page 1 of 1 CG 26880108 | 2 |
COMMERCIAL GENERAL LIABILITY CG 32140107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this Coverage Part or Policy or b. A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in response to federal taw. 3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal taw. 3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. 14 ISO Properties Inc. 2005 Page 1 of 2 CG 32140107 | 2 |
N Radioactive material is released and it appears that one purpose of the terrorism was to release such material or The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or Pathogenic or poisenous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. w B. 0 The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of anuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or ISO Properties Inc. 2005 Page 2 of 2 CG 32140107 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY. WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this Coverage Part or Policy or A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 2. If the provi COMMERCIAL GENERAL LIABILITY CG 32200107 PLEASE READ IT CAREFULLY. 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. ions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal law. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in rhis 3 Redefine terrorism or make insurance coverage for terrorism ndorsement subject to provisions or ing on the requirements that differ from those ore of the that apply to other types of events your policy or occurrences under this policy. med lh s 2. If the provisions of this endorsement S a o sis become applicable such provisions ble on the a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism bun andor other acts of terrorism but ce Act has only Ymh respect to an ncdents of the type of terrorism however defined which nder this results in injury or damage that occurs on or after the date when the provisions of this endorsement lacement of become applicable for claims made e effective policies such an endorsement is to make superseded only with respect to an ble to you incident of terrorism however defined that results in a claim for injury or percentage damage first being made on or after Program for the date when the provisions of this t deductible endorsement become applicable and unt of all b. Remain applicable unless we notify es we hSt you of changes in these provisions in S erse ti response to federal law. of certified 3. If the provisions of this endorsement do NOT become applicable any terrorism g endorsement already endorsed to this ov lnareenti policy that addresses certified acts of sses above terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. ISO Properties Inc. 2005 Page 1 of 3 Page 1 of 3 CG 32200107 | 2 |
2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which eccur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. B. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the 2 following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or ISO Properties Inc. 2005 CG 32200107 Page 2 of 3 | 2 |
In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Pait or Policy. SO Properties Inc. 2005 Page 3 of 3 CG 32200107 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT REILLATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. 3 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and To any obligation to share damages with or repay someone else who must pay damages because of the injury. 1SO Properties Inc. 2006 Page 1 of 1 CG 21471207 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21490999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSICN ENDORSEMENT This endorsement modifics insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec 2 Any loss cost or expense arising out of any tion Coverage A Bodily Injury And Property a Request demand order or statutory or Damage Liability is replaced by the following regulatory requirement that any insured or This insurance does not apply to others test for monitor clean up remove. Pollution contain treat detoxify or neutralize or in N N. any way respond to or assess the effects of 1 Bodily injury or property damage which pollutants or would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or as sessing the effects of poliutants. Copyright Insurance Services Office Inc. 1998 Page 1 of 1 CG 214909 99 | 2 |
POLICY NUMBER TB2 291 458280 035 COMMERCIAL GENERAL LIABILITY CG 21540196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ T CAREFULLY. EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURAMCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Cover ages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location de scribed in the Schedule of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. SCHEDULE Description and Location of Operations All locations and operations subject to a wrap up insurance program or other consolidated insurance program. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Copyright Insurance Services Office Inc. 1994 Page 1 of 1 CG 21540196 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. S0 Properties Inc. 2003 Page 1 of 1 CG 21671204 | 2 |
COMMERCIAL GENERAL LIABILITY CG22340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCILUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is 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 bodily injury property damage or personal and advertising injury arising out of 1. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. N This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supetrvision hiring employment training or monitoring of others by that insured i the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury invoived that which is described in Paragraph 1. or 2. This exclusion does not apply to bodily injury or property damage due to construction or demolition work done by you your employees or your subcontractors. Page 1 of 1 Insurance Services Office Inc. 2012 CG 22340413 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. 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 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations 3 a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and Supervisory or inspection activities performed as part of any related architectural or engineering activities. v Professional services do not include services within construction means methods technigues sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Insurance Services Office Inc. 2012 Page 1 of 1 CG 22790413 | 2 |
READ IT CAREFULLY. THIS ENDORSEMENT CHANGES THI POLICY PLE Nuclear Energy Liability Exclusion Endorsement Broad Form This endorsement modilics the insurance provided under the following 1. COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance docs not apply A Under any Liability Coverage to bodily injury or property damage 1 With respect 10 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 s or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous propeties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. IS0 Properties Inc. 2007 Page 1 of 2 IL.00 21 09 08 09 08 | 2 |
As used in this endorsement Hazardous properties include mdioactive toxic or explosive propertics. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 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 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 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 IL 00 21 09 08 09 08 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANG THE POLICY. PLEASE READ 1 T CAREFULLY. Asbestos Exclusion Endorsement This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COYERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMAN S LEGAL LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. Page 1 of 1 LC 21 01 06 05 | 2 |
Policy Number TB2 291 458280 035 ssued by Liberty Mutual Fire Insurance Co. THE POLICY. PLEASE READ IT CAREFULL NT CHANG THIS ENDORSEMI Silica Exclusion Endorsement This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMEN S LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica either alone or in combination with other substances or factors whether included in a product or otherwise. Page 1 of 1 LC 21 02 06 05 | 2 |
Policy Number TB2 Z91 458280 035 fssued by Liberty Mutual Fire Insurance Co. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEME Discrimination Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance docs not apply to Damages arising out of unlawful discrimination. Page 1 of 1 LC 21 04 06 05 | 2 |
Policy Number TB2 Z91 458280 035 Issued by Liberty Mutual Fire Insurance Co. I11S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Lead Exclusion This endorsement modiftes the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to 1. Any actual or alleged liability damages loss or injury that resulis directly or indirestly from the ingestion inhalation exposure 0 or absorption of lead in any form or to any claims or suits arising from lead 2. Actual or alleged property damage that results directly or indirecly from lead or the exposure to lead in any form or to any claims or suits arising from lead 3. Any loss cost or expense arising out of any 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 lead in any form or 4. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages resulting from testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead in any form. Page 1 of 1 LC 21 06 06 07 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. IHIS ENDORSEME THE POLICY. PLEASE READ IT CAREFULLY. CHANC Designated Ongoing Operations Exclusion This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the ongoing operations described in the Schedule of this endorsement regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a location is specified in the Schedule this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific location is designated in the Schedule of this endorsement this exclusion applies only to the described ongoing operations conducted at that location. For the purpose of this endorsement location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. Schedule Description of Designated Ongoing Operations Specified Location If Applicable Construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single family dwellings tract homes apartments townhomes condominiums duplexes or triplexes or any mixed use structures with a residential component. The list of residential structures in the preceding sentence will not be interpreted to include hotels motels assisted senior living nursing homes college campus dormitories or government housing on military bases. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. LC 21 09 06 07 | 2 |
Policy Number TB2 291 458280 035 Issucd by Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exterior Insulating Finish System EIFS Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply o any liability damages loss injury demand claim or suit that arises out of or allegedly arises out of the manufacturing supplying installing applying or maintaining of an exterior insulating finish system. This exclusion applies whether or not the manufacturing supplying installing applying or maintaining of an exterior insulating finish system is part of your business or operations. Page 1 of 1 LC 2162 08 07 | 2 |
Policy Number TB2 Z91 458280 035 fssucd by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU Land or Earth Movement Exclusion This endorsement modifics the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply 1o bodily injury property damage or personal or advertising injury directly or indirectly caused by arising out of relating to resulting from attributable to contributing to or aggravated by any actual or alleged land or carth movement. Land or earth movement means movement in any direction including but not limited to instability rising upheaval expansion settling sinking shrinkage slipping falling away tilting caving in croding shifting in a horizontal or sideways direction mud flow mudslide volcanic cruption or earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. Page 1 of 1 LC 21 64 08 07 | 2 |
Policy Number TB2 291 458280 035 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance docs not apply to bodily injury property damage or personal and advertising injury resulting from residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall not apply to that portion of the structure or project. Residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums or any mixed use structures with a residential component but does not include hotels motels nursing homes college campus dormitories or government housing on military bases. Page 1 of 1 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC21681011 | 2 |
COMMERCIAL GENERAL LIABILITY CG21060514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL. INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endersement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software including systems and applications This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including 2. Exclusions patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inabilty to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. Insurance Services Office Inc. 2013 Page 1 of 1 CG 21060514 | 2 |
Policy Number TB2 291 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOD AND MOLD RELATED CONSTRUCTION DEFECT EXCLUSION This endorsement modilies insurance provided under the foliowing COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 1.a. of Coverage A Bodily Injury and Property Damage Liability of Section Coverages If a suit against the insured seeks damages because of bodily injury or property damage to which this insurance applies as well as damage because of bodily injury or property damage to which this insurance does not apply because of the Fungi or Bacteria exclusion we shall have no obligation to defend the insured against the suit or pay any related Supplementary Payments. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability of Section Coverages This insurance does not apply to Fungi or Bacteria 1. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regarcless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. C. The following is added to Paragraph 1.a. of Coverage B Personal and Advertising Injury Liability of Section Coverages If a suit against the insured seeks damages because of personal and advertising injury to which this insurance applies as well as damage because of personal and advertising injury to which this insurance does not apply because of the Fungi or Bacteria exclusion we shall have no obligation to defend the insured against the suit or pay any related Supplementary Payments. D. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability of Section Coverages LC 211081013 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f2 | 2 |
This insurance does not apply to Fungi or Bacteria 1. Personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. E. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Page 2 of 2 LC 211081013 2013 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TB2 291 458280 035 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERCOMPANY CLAIMS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This insurance does not apply to any liability damages loss injury demand claim or suit by any Named Insured against any other Named Insured for bodily injury property damage or personal and advertising injury. Page 1 0of 1 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LC21871011 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV does not apply to COVERAGE C. MEDICAL PAYMENTS. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. TB2 791 456280 035 Audit Basis Issued To Countersigned by SR Authorized Representalive Sales Office and No. End. Serial No. Issued Copyright Insurance Services Office Inc. 1984 CG 010911385 | 2 |
IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISMRISK INSURANCE ACT AND THE REDUCTION IN COVERAGE FOR TERRORISMLOSSES PLEASE READ THISNOTICE CAREFULLY This is to notify you of a reduction in coverage for terrorism losses under your instrance policy when the Terrorism Risk Insurance Act TRIA expires which is scheduled to occur on December 31 2014. This notice DOES NOT apply to Workers Compensation insurance. TRIA as amended is a temporary program that spreads losses from government cettified acts of terrorism between insurers and the federal government. In summary TRIA requires insurers to make coverage for certified acts of terrorism available and to pay fosses from certified acts of terrorism up to a deductible amount. If an individual insurer s losses exceed this amount the government will reimburse the insurer for 85 of losses paid in excess of the deductible. Policyholders have the option to accept or reject this coverage. TRIA will expire on December 31 2014 unless Congress and the President act to extend it. Otherwise after 2014 the federal government will no longer certify acts of terrorism or reimburse losses caused by certified acts of terrorism. If you purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 your insurance coverage will be reduced. After the date TRIA expires where permitted by state law you will no longer have insurance for losses from acts of terrorism that directly or indirectly involve nuclear or radioactive agents or materials or pathogenic or poisonous biological or chemical agents or materials NBCR. If you elect not to purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 losses caused by any terrorist act will be excluded from your policy where permitted by state law. Some states including New York and Florida may not approve or ailow the use of certain exclusions related to acts of terrorism. Therefore exclusions for losses caused by acts of terrorism may not apply in all states. Page 1 of 1 2014 Liberty Mutual Insurance. All rights reserved. CNI9007 0114 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS PREMIUM DETERMINATION SUBCONTRACTORS Do you employ independent contractors or subcontractors If so you may be subject to added insurance costs. You can minimize these added insurance costs by obtaining valid certificates of insurance from all of your independent contractors and subcontractors indicating the presence of liability insurance. These certificates should be maintained for review by our auditor. Such certificates must 1. Specify an Each Occurrence Limit at lcast equal to 1000000 2. Specify the insurance is written on an occurrence basis 3. Specify insurance that s effective during the entirety of the course of their work for you. Failure to provide adequate certificates of insurance for any contractor or subcontractor will result in the inclusion of those exposures in the calculation of your primary insurance premium. Recent court decisions have held general or principle contractors liable for the acts of uninsured subcontractors. If you are able to produce valid cetificates at the time of audt an appropriate subcontracted work class such as the following will be added to your exposures such as Contractors Subcontracted Work in connection with building construction reconstruction repair or erection apartment or office buildings over four stories. This is a secondary or contingent insurance charge based on the availability of other insurance which may apply to a loss involving you and your independent contractors or subcontractors. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. CNL 90011013 | 2 |
Policy Number TB2 291 458280 035 Issucd by Liberty Mutual Fire Insurance Co. Disclosure Terrorism Risk Insurance Act This Endorsement Is Made Part Of Your Pelicy Pursuant To The Terrorism Risk Insurance Act. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrotism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses exceed a deductible amount specified in the Act the federal government will reimburse the insurer for 85 of losses paid in excess of the deductible provided that aggregate industry losses from a certified act of terrorism exceed 100 million. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 1 of 1 2008 Liberty Mutual Group of Companies. All rights reserved. EN 90 48 07 09 | 2 |
FIRST MERCURY INSURANCE COMPANY ASTOCK COMPANY STATUTORY HOME OFFICE ONE SOUTH WACKER DRIVE SUITE 1350 CHICAGO IL 60606 ADMINISTRATIVE OFFICE 26600 TELEGRAPH RD. SOUTHFIELD MI 48033 GENERAL LIABILITY POLICY DECLARATIONS Serviced by CoverX Specialty POLICY NUMBER GA CGL0000052625 01 RENEWAL OF NEW NAMED INSURED AND MAILING ADDRESS BROKER NAME AND ADDRESS Vesta Housing Solutions LLC AmWins Brokerage of Tennessee 159 Pierce St Six Corporate Centre 830 Crescent Center Dr Ste 400 Birmingham MI 48009 Franklin TN 37067 POLICY PERIOD From 3132015 To 3132016 AT 1201 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE INRETURN 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 Defense Costs are outside the limits of Liability Each Occurrence Limit 1000000 Employee Benefits Liability Excluded Personal Advertising Injury Limit 1000000 Employee Benefits Aggregate Limit Excluded General Aggregate Limit 2000000 Liquor Liability Limit Excluded Products Completed Operations Aggregate Limit 2000000 Liquor Liability Aggregate Excluded Damage To Premises Rented To You 50000 Designated Construction Projects Medical Payment Limit Excluded General Aggregate Limit 2000000 JoverX Specialty JRED AND MAILING ADDRESS BROKER olutions LLC AmWins Bre Six Corpora 48009 Franklin TN Employee Benefits Liability Excluded Employee Benefits Aggregate Limit Excluded Liquor Liability Limit Excluded Liquor Liability Aggregate Excluded Designated Construction Projects General Aggregate Limit 2000000 5000000 Total Policy Aggregate Limit RETAINED LIMIT See form FMIC GL 2015 0114 PREMIUM COMPUTATION Premium 25000 Inspection Fee 250 625.00 Michigan State Tax Coverage for certified acts of terrorism has been rejected exclusion attached. X Per TRIA Disclosure Notice. DEPOSIT PREMIUM 25000 DESCRIPTION OF BUSINESS Contr sub work conn w bldg const reconst repair erection12 fam dwel FORM OF BUSINESS INDIVIDUAL PARTNERSHIP ORGANIZATION INCLUDING A CORPORATION BUT NOT JOINT VENTURE LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED X LIMITED LIABILITY COMPANY LIABILITY COMPANY ENDORSEMENTS ATTACHED TO THIS POLICY See Schedule FMIC END Schedule of Forms and Endorsements RSHIP nan nan nan nan 1.0 1.0 This insurance has been placed with an insurer that is not licensed by the state of Michigan. In case of insolvency payment of claims may not be guaranteed. This insurance has been placed with an insurer that is not licensed by the State of Michigan Premlumf 25000 ichi Fees250 Michigan. In case of insolvency payment b i H of claims may not be guaranteed. Surplus Lines Tax Regulatory Fee 500 125 Michigan Premium25.000 Fees250 Surplus Lines Tax Regulatory Fee 500 125 IMPORTANT Please carefully examine your policy as it may contain significant coverage modifications or exclusions. If this policy is a renewal it may not contain the same precise terms and conditions as the prior policy. Date 3132015 Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. FMIC GL DS0001 1210 | 2 |
EXTENSION OF DECLARATIONS Policy Number GA CGL0000052625 01 Location of Premises 1 159 PIERCE ST BIRMINGHAM MICHIGAN 48009 Classification and Premium Exposure Basis Exposure Amount Gross Sales 2500000 Exposure Amount 2500000 Rate 10.0000 Per 1000 of Gross Sales Deposit Premium 25000 subject to 25000 minimum premium FMIC GL DS EXT 1210 | 2 |
Insured Vesta Housing Solutions LLC Policy Number GA CGL0000052625 01 SCHEDULE OF FORMS AND ENDORSEMENTS other than applicable forms shown elsewhere in the policy Forms and Endorsements applying to and made part of this policy at the time of issuance CG 0001 1207 COMMON POLICY CONDITIONS IL.00 17 1198 COMMERCIAL GENERAL LIABILITY COVERAGE FORM FMIC LEGAL 0414 SERVICE OF SUIT CG 00 68 0509 CG 20 33 0413 CG 20 37 0413 CG 2135 1001 CG 2147 1207 CG 21 49 0999 CG 2154 0196 CG 2167 1204 CG 2175 0115 CG 2186 1204 CG 24 04 0509 CG 24 26 0413 RECORD AND DISTRIBUTE OF MATERIAL IN VIOLATION Al OWNERS LESSEES OR CONTRACTORS AUTOMATIC STATUS Al OWNERS LESSEES OR CONTRACTORS COMP OPS EXCLUSION COVERAGE C MEDICAL PAYMENTS EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCLUSION ENDORSEMENT EXCL DESG OP COVERED BY CONSOLIDATED WRAP UPS FUNGI OR BACTERIA EXCLUSION EXCL OF TERROR AND EXCL OF OTHER ACTS OUTSIDE OF US EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS AMENDMENT OF INSURED CONTRACT DEFINITION FMIC GL 1002 1012 PRIMARY AND NON CONTRIBUTING INSURANCE FMIC GL 2010 0114 CROSS SUITS ENDORSEMENT FMIC GL 2011 0411 CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL FMIC GL 2015 0114 POLICY DEDUCTIBLE ENDORSEMENT FMIC GL 2017 0111 FMIC GL 2077 0914 FMIC GL 2088 0212 FMIC GL 2089 1014 FMIC GL 2125 0711 FMIC GL 2156 0711 FMIC GL 2163 0512 FMIC GL 2203 1014 FMIC GL 2231 0112 FMIC GL 2254 0412 DESIGNATED CONSTRUCT PROJECT GEN AGG LIMIT HAZARDOUS MATERIALS EXCLUSION EXCLUSION PUNITIVE OR EXEMPLARY DAMAGES PROFESSIONAL SERVICES EXCLUSION EXCLUSION SPECIFIED STATE OPERATIONS EXCLUSION AMENDMENT OF POLICY CONDITIONS OTHER INSURANCE PROV MINIMUM EARNED PREMIUM ENDORSEMENT BASIS OF PREMIUM ENDORSEMENT EXCL INDEPEN CONTRACT EMP OR LEASED WORK W EXCEPT CONDITIONAL SUBSIDENCE EXCLUSION FMIC GL 2147 0711 HIRED AND NON OWNED AUTO EXCESS LIABILITY COVERAGE FMIC GL 2496 1013 POLICYHOLDER NOTICE CERTIFICATES OF INSURANCE IL 00 21 0908 NUCLEAR ENERGY LIAB EXCL ENDST FMIC CLAIM NOTIFICATION 122006 Schedule FMIC END 1210 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 0001 1207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 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 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 3 CG 00011207 1SO Properties Inc. 2006 Page1 of 16 | 0 |
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. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed ina contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that partys defense has aso been assumed in the same insured contract and Such altome 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. b c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribuon or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employmentby the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. CG 00011207 1SO Properties Inc. 2006 Page2 of 16 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does notapply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Anyinsured or ii Any person or organization for whom you may be legally responsible or c d At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty 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 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 buildng 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 acontractor or subcontractor or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00011207 1SO Properties Inc. 2006 Page3 of 16 | 1 |
2Any 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 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 clam or suit by or on behalf of a govemnmental 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 acharge 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 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or b utof any r or statutory or hat any insured iitor clean up t detoxify or y respond to or llutants or on behalf of a for damages or monitoring g containing eutralizing or in or assessing the es not apply to 1se of property ould have in the emand order or rement or such n behalf of a age arising out ance use or ircraft auto or by or rented or ludes operation if the claims ligence or other ision hiring ring of others by which caused perty damage enance use or ircraft auto or operated by or o n premises you that is nd rry persons or 1 the ways next nt provided the ented or loaned any insured maintenance or or 3 5 Budlly injury or property damage arising out of The operaton 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 in the state where it is licensed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f2 or f.3 of the definition of mobile equipment. b h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damageto 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 Propertyloaned to you 4 Personal property in the care custody or control of the insured 1SO Properties Inc. 2006 Page40f 16 CG 00011207 Page40f 16 | 1 |
5That particular partof 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 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 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. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out ofit 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. 6. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition init.. 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. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. CG 00011207 1SO Properties Inc. 2006 Page50f16 | 1 |
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 claimor suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or setlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business butonly if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trace dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose businessiis 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or CG 00011207 1SO Properties Inc. 2006 Page 6 of 16 | 1 |
3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants atany time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising directly or indirectly out of any action or omission thatviolates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodly injury caused by an accident 1 On premises you own or rent 2 On ways rext to premises you own or rent or 3 Because do 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 examimation at our expense by physicians of our choice as often as we reasorably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. CG 00011207 1SO Properties Inc. 2006 Page 7 of 16 | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. 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 setle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish 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 fumish 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 eamings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment irterest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. Al 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 cout 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 irsured 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 aginst the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement thatis an insured contract b. This insurance applies to such liability assumed by theinsured c. The obligation to defend or the cost of the defense of tha 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 e. The indemnitee and the insured ask us to conduct and contol the defense of that indemnitee against such suit and agree that we can assign he same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in witing 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 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 CG 00011207 1SO Properties Inc. 2006 Page 8of 16 | 1 |
bConduct and control the defense of the indemnitee in such suit. So long as the above condtions are met attomeys 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 2b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or setflements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHOIS 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. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. g 2. Each ofthe following is also an insured a. Your volunteerworkers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your bisiness To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b c CG 00011207 1S0 Properties Inc. 2006 Page 9 of 16 | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown asa Named Insured in the Declarations. SECTION lIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Conpleted 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 Paragrgph 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 Qccurrence Limit is the most we will pay for the sumof a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property 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 he 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 sustaned 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 insdvency 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 CG 00011207 1SO Properties Inc. 2006 Page 100f 16 | 1 |
3The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action AgainstUs No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into asuit 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 settiement 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 setiement means a setfement and release of liability signed by us the insured and the claimant or the claimants legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we wil share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over 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 i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primarl 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 by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. Inc. 2006 Page110f16 CG 0001 12 07 1S0 Properties Inc. 2006 | 1 |
3When this insurance is excess over other c. We insurance we will pay only our share of the your amount of the loss if any that exceeds the 7. Separat sum of Exceptw a The total amount that all such other insurance would pay for the loss in the grg er gg absence of this insurance and insuranc b The total of all deductible and self a. As if insured amounts under all that other Name insurance. b. Seps 4 We will share the remaining loss if any is r1a with any other insurance that is not described in this Excess Insurance 8. Transfe provision and was not bought specifically to To Us apply in excess of the Limits of Insurance If the in shown in the Declarations of this Coverage any payr Part. Part the c. Method Of Sharing insured N. At our If all of the other insurance permits contribution transfer by equal shares we will follow this method them. also. Under this approach each insurer contributes equal amounts until it has paid its 9. WhenW applicable limit of insurance or none of the loss If we dei remains whichever comes first. will mail If any of the other insurance does not permit shown il contribution by equal shares we will contribute nonrene by limits. Under this method each insurer s expiratio share is based on the ratio of its applicable If notice limit of insurance to the total applicable limits of proof of ns.urance of all insurers. SECTION V 5. Premium Audit 1. Adverti a. We will compute all premiums for this or publ Coverage Part in accordance with our rules market and rates. services b. Premium shown in this Coverage Part as supporte advance premium is a deposit premium only. a. Notic At the close of each audit period we wil place compute the earned premium for that period mear and send notice to the first Named Insured. b. Rega The due date for audit and retrospective.. ite premiums is the date shown as the due date gvk on the bill. If the sum of the advance and audit custo premiums paid for the policy period is greater advel than the earned premium we wil return the.. excess to the first Named Insured. 2. Autom c. The first Named Insured must keep records of a. A la the information we need for premium desig computation and send us copies at such imes any as we may request. b. Any 6. Representations COrF By accepting this policy you agree Svtheerr a. Zzzurafteaiengig Ilente the Declarations are Howeve al plete equipme b. Those stattments are based upon representations you made to us and CG 00011207 1SO Properties Inc. 2006 c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured againstwhom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover al or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nathing 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 aout your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where itis licensed or principally garaged. However auto does not include mobile equipment. Page 120f 16 | 1 |
. 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. aboveor 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 teritory described in Paragraph a. above 2 The activities of a person whose home is in the teritory described in Paragraph a. above but is away for a short time on your businessor 3 Personal and advertising injury offenses that take place through the Internet or similar el ectronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be usedor 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 oragreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. Asidetrack agreement c. Any easement o license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any rairoad bridge or trestle tracks roadbeds tunnel underpass or crossing That indemnifies an architect engineer or surveyor forinjury 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 spedfications or b Giving drections 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 CG 00011207 1SO Properties Inc. 2006 Page 130of 16 | 1 |
10.Leased worker means a person leased to you by 1 1 oy N 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.. 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 nextto premises you own or rent c. Vehicles thattravel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes showels 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 Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 13. 14 However selfpropelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipmentdesigned primarily for a Snow removal b Road mantenance but not construction or resurfacing or c Streetcleaning 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 generafors including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlordor lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of ancther s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in you advertisement. CG 00011207 1SO Properties Inc. 2006 Page 140f 16 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 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 i d gaseous or icluding smoke chemicals and to be recycled izard and property 1 premises you your product or your physical n completed or r work will be earliest of the alled for in your eted. be done at the npleted if your t more than one rk done ata job ntended use by tion other than subcontractor ject. e maintenance ment but which be treated as y or property erty unless the of a condition in or operated by created by the t vehicle by any s uninstalled d or unused for which the eclarations or in that products subject to the perty including at property. All med to occur at at 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 d this insurance electronic data is not tangible property. As used in this definifion 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 contraled 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 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 1SO Properties Inc. 2006 Page 150f 16 CG 00011207 Page 150f 16 | 1 |
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 fumished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. CG 00011207 1SO Properties Inc. 2006 Page 160f 16 | 1 |
IL00 171198 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. 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. Wehave the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations.. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal 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. sements between you ce afforded The stt 1L0017 1198 Page1of1 Copyright Insurance Services Office Inc. 1998 | 2 |
SERVICE OF SUIT The Company agrees that in the event of its failure to pay any amount claimed to be due hereunder the Company at the request of the Insured will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. The Company hereby designates the Commissioner Director or Superintendent of Insurance or other officer specified by law for that purpose or his successor or successors in office or the person designated below in the space indicated as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Insured arising out of this contract of insurance. It is further agreed that the Company shall abide by the final decision of any court having jurisdiction in which such action is filed or by the decision of any appellate court in the event of an appeal. Upon receipt of process served hereunder the Company hereby designates Wendy Drum Legal Department 26600 Telegraph Road Southfield Michigan 48033 as the person to whom the officer designated above is authorized to mail such process. In the alternative process may be served upon the authorized agent of the Company whose name and address are FIRST MERCURY INSURANCE COMPANY 26600 TELEGRAPH RD. SOUTHFIELD MICHIGAN 48033 FMIC LEGAL 042014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of 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 q. 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 additon to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 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 collect ing recording sending transmitting communicating or distribution of material or information. B. Exclusion p. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to 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 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or additon to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 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 collect ing recording sending transmiting communicating or distribution of material or information. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by CG 00 68 05 09 | 2 |
COMMERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds the following additional exdlusions apply This insurance does not apply to 1. Bodily injury property damage or personal and gdvlertysmgp irjur ariswgg outpeol 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. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. CG 20330413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
2. Bodily injury or property damage occurring after a. All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement you have entered into with the additional insured 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 20330413 Insurance Services Office Inc. 2012 Page 2 of 2 | 2 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20370413 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizafions Location And Description Of Completed Operations rior to the loss. Construction. Commercial Construction means all construction activity that not Residential Construction. Residential Construction means all construction activity performed on townhouses condominiums cooperatives duplexes triplexes fourplexes and single family detached housing that is intended to be will be or is maintained or sol for the purpose of being used by natural persons as a dwellin and includes any associated improvements to real property infrastructure improvements grading excavating utility work road paving curb or sidewalk work. s required by written contract signed by both parties Coverage under this endorsement applies only to Commercial Information required to complete this Schedule if not shown above will be shown inthe Declarations.. 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 or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that addtional insured and included in the products completed operations hazard. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional nsured is the amount of insurance 1. Required by the contract or agreement or 2 However s 1. The insurance afforded to such additional insured anly applies tothe extent permitted by law and 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. 2. Avaiable under the applicable Insurance shown inthe Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Limits of CG 20370413 Insurance Services Office Inc. 2012 Page 1of 1 | 2 |
POLICY NUMBER GA CGL0000052625 01 COMMERCIAL GENERAL LIABILITY CG 213510 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification IAll Locations. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 2. The following is added to Section Supplementary Payments h. Eaenses incurred the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. With respect to any premises or classification shown in the Schedule 1. Section Coverage C Medical Payments does not apply and none of the references to it in the Coverage Part apply and Locations. 2. The following is added to Section Supplementary Payments h. Eaenses incurred the insured for first aid administered to others at the time of an accident for bodily injury to which this insurance applies. CG 21351001 SO Properties Inc. 2000 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page1of1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2149 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any a b Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. CG 2149 09 99 Copyright Insurance Services Office Inc. 1998 Page1of1 | 2 |
POLICY NUMBER GA CGL0000052625 01 COMMERCIAL GENERAL LIABILITY CG 21540196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operations Every project where coverage is being provided under a consolidated or wrap up program. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section 1 Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the Schedule of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. CG 21 54 0196 Copyright Insurance Services Office Inc. 1994 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing reme diating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or midew and any mycotoxins spores scents or byproducts produced or released by fungi. aragraph 2. A Bodily 1age which vhole or in alleged or gestion of tence of or cteria on or ncluding its r any other r product y sequence ising out of ng cleaning treating ediating or y any other B. The Excl Pers 2. E PR CG 21 67 1204 ISO Propetties Inc. 2003 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21750115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 3. b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. CG21750115 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
2.Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Insurance Services Office Inc. 2015 CG 21750115 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising injury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrication preparation distribution and sale installation application maintenance or repair including remodeling service correction or replacement of any exterior insulation and finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the substrate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 I1SO Properties Inc. 2003 Page 1of 1 | 2 |
POLICY NUMBER GA CGL0000052625 01 POLICY NUMBER GA CGL0000052625 01 COMMERCIAL GENERAL LIABILITY CG 24 040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization As required by written contract signed by both parties prior to the loss. Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. 5 required by written cEntract signed by both parties prior to the loss. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Definitions section is replaced by the following Insured contract means Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury 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 munidpality e. Anelevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any rairoad 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. CG 24260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTING INSURANCE This endorsement modfies insurance provided under the folowing COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILTY COVERAGE P ART To the extent that this insurance is afforded to any additional insured wnder this policy SECTION IV COMMERCIAL GENERAL UABILITY CONDITIONS 4. Other Insurance is deleted in its entirety and replaced with the following condition a. Other Insurance If all of the other insurance permits contribution by equal shares we will follow this method unless the insured is required by writien contract signed by both parties to provide insurance that is primary and non contributory and the insured contract is executed prior to any loss. Where required by a writen contract signed by bath parties this insurance will be primary and non contrbuting only when and o the extent as required by that contract. However under the contributory approach each insurer contributes equal amounts unfi it has paid its applicable limit of insurance ornone of the loss remains whichevercomes first. If any of the oher 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 applicablelimits of insuranceof all insurers. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which atached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequert to preparation of the Policy. Endorsement effective Policy No. EndorsementNo. Named Insured Countersigned by Policy No. EndorsementNo. Countersigned by FMIC GL1002102012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS SUITS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE P ART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions COVERAGE D PROFESSIONAL LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the following is added CROSS SUITS EXCLUSION This Policy does not apply to a claim demand or suit for damages initiated alleged or caused to be brought about by a Named Insured covered by this Policy against any other Named Insured. It is the intent of this exclusion to exclude from this insurance all claims demands o sits as above described. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy urless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Countersigned by Authorized Representative FMIC GL2010012014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE P ART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART It is agreed under Section COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement Paragraph b 3 and d are deleted in their entirety and the following exclusion is added to Section I 2. Exclusions of this policy. This insurance does not apply to 1. Any damages arising out of or related to bodly injury or property damage whether such bodily injury or property damage is known or unknown a which first occurred in whole or in part prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b which are or are alleged to be in the process of occurring as of the inception date of the policy or the retroactive date of this policy if any whichever is earlier even if the bodily injury or property damage continues during this policy period or c which were caused or are alleged to have been caused by the same conditions or defective construction which first existed prior to the inception date of this policy. 2. Any damages arising outof or related to bodily injury or property damage whether known or unknown which are in the process of adjustment settlement or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. We shall have no duty to defend any insured against any loss claim stiit or other proceeding alleging damages arising out of or related to bodily injury or property damage to which this endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2011042011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE AMOUNT AND BASIS OF DEDUCTIBLE PER CLAIM PER INJURY 5000 PER CLAIM PER OCCURRENCE 5000 PER OCCURRENCE COVERAGE A BODILY INJURY LIABILITY OR PROPERTY DAMAGE LIABILITY OR BODILY INJURY LIABILITY AND OR PROPERTY DAMAGE LIABILITY COMBINED COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE C MEDICAL PAYMENTS PER OCCURRENCE A Our obligation under the Bodily Injury Liability Property Damage Liability Personal and Advertising Injury Liability or Medical Payments Coverages to pay damages and Supplementary Payments on your behalf applies only o the amount of damages and Supplementary Payments in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. Your policy may have a deductible amount on either a per claim a per occurrence or a per injury basis. Your deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined or d. Under Supplementary Payments Coverages A and B to all amounts we pay in the defense and investigation of any claim or suit to which this insurance applies e. Under Medical Payments Coverage C to all damages sustained by any one person because of bodily injury as the result of any one occurrence. It damages are claimed for care loss of services 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 includes an organization. FMIC GL2015012014 Page 10f 2 Page 1 of 2 | 2 |
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined or d. Under Supplementary Payments Coverages A and B to all amounts we pay in the defense and investigation of any claim or suit to which this insurance applies. e. Under Medical Payments Coverage C to all damages sustained by any one person because of bodily injury as the result of any one occurrence regardiess of the number of persons or organizations who sustain damages because of that occurrence. 3. PER INJURY BASIS. If the deductible amount indicated in the Schedule above is on a per injury basis the deductible amount applies as follows a. Under the Personal and Advertising Injury Liability Coverage to all damages because of personal and advertising injury sustained by any one person or organization as a result of any one injury. b. Under Supplementary Payments Coverages A and B to all amounts we pay in the defense and investigation of any claim or suit to which this insurance applies. The terms of this insurance including those with respect to 1. Ourright and duty to defend the insured against any suits seeking those damages and 2. Yourduties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We atour sole election and option may either 1. Payany part of or all of the deductible amount to effect settlement of any claim or suit or payment of Supplementary Payments. Upon natification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us or 2. Simultaneously upon receipt of notice of any claim or suit or at any time thereafter request you pay or deposit with us all or any part of the deductible amount to be held and applied by us as herein provided. The deductible may not be satisfied by payments made by any additional insured any other insurance or any other insurer unless such payments are made under a policy written specifically to cover the deductible obligations under this policy. Notwithstanding any other provision of this policy or any endorsements thereto including the Separation of Insureds Condition all Named Insureds are jointly and severaly liable to us for payment of the full deductible amounts applicable to any and all claims and occurrences to which this policy may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Page 2 of 2 FMIC GL2015012014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT SUBJECTTO A TOTAL POLICY AGGREGATE LIMIT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects As required by written contract signed by both parties prior to the loss. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A SECTION 1 which can be attributed only to ongoing operations at a single designated construction project s hown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount shown in the Declarations of this policy. 2. Subject to the Total Policy Aggregate Limit the Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A except damages because of bodily injury or property damage included in the products completed operations hazard 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 shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Subject to the Policy Aggregate Limit such payments shall not reduce the General Aggregate Limit shown in the Dedarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. FMIC GL2017 012011 Page 1of 2 | 2 |
4.The limits shown in the Declarations for Each Occurrence continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and the Total Policy Aggregate Limit. B. Forall sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A SECTION I which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. 3. Such payments will reduce the Policy Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit or the Designated Location General Aggregate Limit or the Total Policy Aggregate Limit. D. The Total Policy Aggregate Limit scheduled in the Declarations of this policy is the most we will pay for the sum of a all damages covered under this policy and falling within the scheduled Designated Locations General Aggregate Limits described in Paragraph A. of this endorsement and b all damages covered under this policy and falling within the General Aggregate Limit as desciibed in Paragraph B. of this endorsement and as set forth in the provisions of Limits of Insurance SECTION Ill not otherwise modified by this endorsement. The Total Policy Aggregate Limit applies regardless of the sums indicated in the Declarations for any General Aggregate Limit or De signated Locations General Aggregate Limit as applicable to all locationss set forth in the Schedule above. The Total Policy Aggregate Limit applies collectively rather than separately to all of your scheduled locations. The Total Policy Aggregate Limit is not reduced by payments for damages covered under this policy and falling within the products completed operations hazard but such payments will reduce the Products Completed Operations Aggregate Limit as described in Paragraph C. of this endorsement. E. Forthe purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises inwolving the same or connecting lots or premises whose connection is interrupted only by a street roadway wateway or right of way of a railroad. F. The provisions of Limits Of Insurance SECTION Ill not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCH ANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2017 012011 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HAZARDOUS MATERIALS EXCLUSION This endorsement modifies insurance provided under the folowing COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY are amended and the following Exclusion is added This insurance does not apply to Hazardous Materials 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or part but for the actual alleged or threatened discharge ingestion inhalation dispersal seepage migration release or escape of hazardous materials at any time. 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 hazardous materials or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring deaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of hazardous materials. 3 Any obligations to share damages with or indemnify another party whom must pay damages because of injury or damage relating to hazardous materials. 4 Any supervision instructions recommendations warnings or advice given or which should have been given in connection with paragraphs 1 2 or 3 above. This exclusion applies whether or not such hazardous materials has any function in your business operations premises site or location. B. SECTION V DEFINITIONS is amended and the following added Hazardous materials means materials that are radioactive corrosive oxidizers asphyxiates biohazardous toxic pathogen or allergen substances and organisms lead asbestos silica and materials containing them. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHA NGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Policy No. Countersigned by FMIC GL2077092014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PUNITIVE OR EXEMPLARY DAMAGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART LIQUOR LIABILITY COVERAGE FORM This insurance does not apply to any claim for puritive or exemplary damages fines or penalties imposed by law restitution or any damages which are a muttiple of or in addition to compensatory damages including related interest or costs whether or not such damages related interest or costs are characterized as punitive or exemplary damages hereinatter referred to as punitive or exemplary damages. If a suit shall have been brought against the insured for a claim falling within the coverage provided under the policy seeking both compensatory and punitive or exemplary damages then the company will afford a defense to such action however the company shall not have an obligation to pay for any costs interest or damages attributable to punitive or exemplary damages. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2088022012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Exclusions and SECTION COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY are anended and the following Exclusion is added This insurance does not applyto Professional Services Badily injury property damage or persona and advertising injury arising out of or resulting from the rendering or failure to render any professional service by any Insured or any act error omission defect or deficiency in any test performed or any evauation consultation opinion advice designs maps surveys reports specifications given by or on behalf of any Insured or the reporting of or reliance upon any such test peformed. Professional service includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawingsand specifications by any architect engineer or surveyor performing services on a project 3 Inspection supenision quality control architectural or engineering activities done by or for you on a project 4 Engineering servies including related supervisory or inspection services 5 Appraisers brokes banks fiduciaries plamers computer and computer software design and electronic processing or transmission 6 Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardio vascular fitness body building or physical training programs 7 Medica surgical dental x ray or nursing services treatmert advice or instruction whether employed or contracted including but not limited to physicians surgeons osteopaths podatrists dentists orthodontists chiropractors psychiatrists psychologists nurses therapists or other health care services 8 Hospitals nursinghomes extended care facilities blood banks laboratories or other health care providers 9 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair remova or replacement or personal grooming 100 Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distrbution of ophthamic lenses and similar products or hearing aid devices 11 Body piercing or tattooing services including but not limited to the insertion of pigment collagen or any other foreign substance into or under the skin 12 Services in the practice of pharmacy 13 Law enforcement or firefighting services and 149 Handing embaiming disposal burial cremation or disinterment of dead bodies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2089102014 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SPECIFIED STATE OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2.Exclusions are amended and the following Exclusion is added This policy does not apply to bodily injury or property damage arising out of your work or out of any Insured s work operations or contractual obligations in the following states CO FL LA NV NY This exclusion applies regardless of whether such work or operations are conducted by the insured or on behalf of the insured or whether the operations are conducted for the insured or for others. This exclusion applies to all work and operations whether completed or in progress. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2125072011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON OWNED AUTO EXCESS LIABILITY COVERAGE ENDORSEMENT This endorsement modfies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Insurance is provided only with respect to those coverages for which a specific premium charge is shown SCHEDULE Coverage Limits of Insurance Additional Premium Hired Auto Liabiity 1000000 Each Occurrence Limit INCLUDED Non Owned Auto Liability 1000000 Each Occurrence Limit INCLUDED 1000000 Aggregate Limit If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. HIRED AUTO LIABILITY The insurance provided under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages applies to bodily injury or property damage arising out of the mantenance or use of a hired auto by you or your employees in the course of your business. B. NON OWNED AUTO LIABILITY The insurance provided under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages applies to bodily injury or property damage arising out of the use of a non owned auto by any person other thanyou in the course of your business. C. With respect to the insurance provided by this endorsement 1. Subparagraphs b. c. e.. h. j. k. L m. and n. of paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages do not apply. 2. The following exclusions are added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages This insurance does ot apply to a. Bodily injury or property damage for which the insured s obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liabiity 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. Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or Performing duties related to the conduct of the insureds business or 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer orin any other capacity and 2 To any obligation to share damages with or repay someone else who must pay the damages because of the injury. This exclusion does not apply to 1 Liability assumed by the insured under an insured contract or FMIC GL2147072011 Page 10f3 Page10of 3 | 2 |
2 Bodily Injury to domestic employees not entitied to workers compensation benefits. c. Property damage to 1 Property owned or being transported by or rented or loaned to the insured or 2 Propetty in the care custody or control of the insured. D. Forthe purposes of this endorsement only WHO IS AN INSURED Section ll is replaced by the following Each of the following is an insured under this insurance to the extent set forth below 1. You. 2. Any other person using a hired auto with your permission. 3. With respect to a non owned auto any partner or executive officer of yours but only while such non owned auto is being used in your business. 4. Any other person or organization but only with respect to their liability because of acts or omissions of an insured under paragraphs 1. 2. or 3. above. of the following is an insured 1. Any person engaged in the business of his or her employer with respect to bodily injury to any co employee of such person injured in the course of employment 2. Any partner or executive officer with respect to any auto owned by such partner or officer or a member of his or her household 3. Any person while employed in or othemwise engaged in performing duties related to the conduct of an auto business other than an auto business you operate 4. The owner or lessee of whom you are a sublessee of a hired auto or the owner of a non owned auto or any agent or employee of any such owner or lessee 5. Any person or organization with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. E. SECTION lll LIMITS OF INSURANCE is amended and the following ad ded Regardless of the number of hired autos non owned autos insureds premiums paid clams made or vehicles involved in the occurrence the most we will pay for all damages resulting from any one occurrenceis the applicable limit shown in the Schedule of this endorsement or in the Declarations. The Aggregate Limit is the most subject to the Each Occurrence Limit we will pay damages for bodiy injury or property damage sustained of all claims and suits regardless of how many persons assert claims or suits against you. The Each Occurrence and Aggregate Limits described above are the most we will pay regardless of the number of insureds. These Limits of Insurance are subject to and not in addition to the Genera Aggregate Limit shown in the Declarations of the policy. Payments under these Limits of Insurance are part of and erode the policy General Aggregate Limit of Insurance shown in the Declarations. F. Forthe purposes of this endorsement only the definition of Tnsured contract in SECTION V DEFINITIONS Section i amended by the addition of the fol owing 9. Insured contract means g. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. G. Forthe purposes of this endorsement only the following definitions are added to SECTION V DEFINITIONS Section 1. Auto business means the business or occupation of selling repairing servicing storing or parking autos. 2. Hired automeans any auto you lease hire rent or borrow. This does not include any auto you lease hire rent orbomrow from any of your employees your partners or your executive officers ormembers of their househdds. 3. Non owned auto means any auto you do not own lease hire rent or borrow which is used in connection with your business. This includes autos owned by your employees your partners or your executive officers or members of their households but only while used in your business or your personal affairs. FMIC GL2147072011 Page2of 3 | 2 |
ABSOLUTE EXCESS OTHER INSURANCE CLAUSE With respect to HRED AUTO LIABILITY INSURANCE and NON OWNED AUTO LIABILITY INSURANCE only SECTION IV COMMECIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following Our obligation to pay damages on your behalf under this insurance is limited as follows This insurance is excess over any and all valid and collectible insurance available to any party including but not limited to the owner lessee or operator of any auto the Named Insured under this policy or any other insured in accordance with the Who Is An Insured clause in this endorsement. This insurance is excess whether such other insurance is primary excess or contingent or on any other basis. In no event shall this insurance be contributory with any other insurance even if any other insurance is of a contributory nature. Our obligation to pay damages under this insurance will only apply o the amount of damages in excess of the sum total of any and all other insurance described above that would pay for a loss in the absence of this insurance whether collectible or not including the sum total of all deductible and self insured amounts. Furthermore this insurance only applies after the limits of any such other insurance have been tendered or exhausted by virtue of formal settlement or final verdict. We have no duty to defend the Named Insured or any other insured in accordance with the Who Is An Insured clause under this policy against any suit if any other insurer has a duty to defend. However we reserve the right to undertake a defense or participate in a defense at our sole discretion. I no other insurer defends and we undertake to do so we will be entitled to the insured s rights against all such other insurers. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2147072011 Page 30 Countersigned by Page 3013 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF POLICY CONDITIONS OTHER INSURANCE PROVISION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Section IV Paragraph 4 Other Insurance of the COMMERCIAL GENERAL LIABILITY CONDITIONS and the PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS is deleted in its entirety and replaced by the following This insurance is excess over any other insurance whether primary excess contingent or on any other basis that is available to you including as an additional insured or contractual indemnitee under a policy issued to a subcontractor. You are required to give notice of claim to all potential insurers within 30 days of giving notice of claim to us. We have no duty under COVERAGE A or B to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we will undertake to do so but we will be entitled to your rights against all those other insurers. We will pay only our share of the amount of 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 tis insurance and The total of all deductible and self insurance amounts under all such insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically fo apply in excess of the Limits of Insurance shown in the Declaration of this Coverage Part. Potential insurers means all insurance companies who may be obligated t defend the insured as either a named insured or an additional insured. Potential insurers includes the insurers of all subcontraciors who were contractually obligated to name the insured as an additional insured on their own insurance policy es ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Countersigned by FMIC GL2156072011 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT The following additional policy Conditions supersede any other policy conditions and the Named Insured hereby agrees that the total policy premium and minimum earned premiums due for this policy shall be calculated in accordance with the following Total Policy Premium This policy is subject to a Total Policy Premium which means the premium that is calculated as fdlows 1. The deposit premium as shown in the policy Declarations plus 2. Any premium adjustment by endorsement plus 3. Any additional premium developed by audit. The premium entered on the Declarations page of this policy as DEPOSIT PREMIUM is a provisional premium only and is subject to adjustment in accordance with our rules rates and the Premium Audit provisions of this policy. A. Minimum Earned Premium by Date Certain If the box below is checked and a date filled in where applicable the minimum eamed premium for this policy will be 100 eamed by the specific date referenced in this endorsement and there will be no return of premium if you cancel this policy. After the premium is fully earned. B. Audits and Minimum Earned Premium With regard to audits the DEPOSIT PREMIUM as stated in the policy Declarations can not be reduced due to an audit. Premium adjustments affected as a result of premium audits may be done while the policy is in effect or after the policy is no longer in effect. The due date for audit premiums is the date shown as the due date on the bill. C. Cancellation and Minimum Earned Premium 1. If you cancelthis policy the returm premium will be the lesser of a. 90 of the pro rata uneamed premium or b. 75 of the Deposit Premium. 2. If the Named Insured fails to remit premium payment when due such failure shall be considered a request by the Named Insured to cancel this policy and the return premium will be determined in accordance with C. 1. 3. If we cancel the policy for any reason other than for non payment of premium the minimum earned premium shall not apply. We will return to you the pro rata amount of the unearned premium ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2163052012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BASIS OF PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the folowing COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART It is understood and agreed that SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS SECTION IV PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS and SECTION IV OWNERS AND CONTRACTORS PROTECTIVE LIABILITY CONDITIONS are amended to include the following definitions of basis of premium used for computing premiums for this coverage Gross Sales or Receipts is defined as the gross amount charged by the Named Insured concessionaires of the Named Insured or by others trading under the Insured s name for 1. All goods or products sold or distributed in the coverage territory as defined in the policy 2. Operations performed during the policy period 3. Rentals during the policy period and 4. Dues or fees duringthe policy period. Only the following items shall be deducted from Gross Sales or Receipts Sales or excise taxes which are collected and re mitted directly to a governmental division Credits for repossessed merchandise and products returned Finance charges for items sold on installment Freight charges on sales if freight is charged as a separate item on customer s invoice and Royalty income from patent rights or copyrights which are not product sales. Mo N Construction Costs is defined as the total cost of all work let or sublet in connection with each specific project including 1. The cost of labor materials and equipment furnished used or delivered for use in the execution of the work and 2. All fees bonuses or commissions made paid or due. Total Cost is defined as the total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment fumished used or delivered for use in the execution of the work and 2. The other costs associated with the execution of the work including office costs and overhead expenses as well as all other fees involved in the completion of the project such as Attorney fees Professional fees Testing Appraisal Marketing and 3. All bonuses or commissions paid or due on the project. Total cost does not include the cost of the land financing and insurance charges and fees for permits. Payroll or Remunerationis defined as the sum of salaries wages tips piece of work commission bonuses overtime board and meals for work performed and excluding excess in accordance with the state payroll limitation rules. Overtime is defined as hours worked at increased rates of pay in excess of hours normally worked in a given day or week. If there is a guaranteed wage plan which assures employees a given wage for working a specific number of hours per week then the overtime means only the hours worked in excess of that specific amount. If there are records available showing the wages paid for overtime separately which exceed the amount that would have been paid for the same work during normal hours then all such excess wages are excluded. If these records show only the total of wages paid including overtime on a time and one half basis then one third of those wages should be excluded. If double time is paid for overtime and the total pay for such overtime is recorded separately one half of the total pay for double time shall be excluded. Excluded from payroll is remuneration paid to clerical office employees including those whose duties are strictly limited to keeping the Insured s books or records conducting correspondence or engaged in clerical work in these areas. Anyone who does not work in the area separated physicaly by walled floors or partitions from all other work areas of the Insured is not considered. An exception to this is if the payroll or clerical office employees are specifically included in a classification wording or footnote of the ISO general liability classification. FMIC GL2203102014 Page 10of 2 | 2 |
Subcontracted Costs is defined as the total costs of all work all labor materials and equipment furnished used or delivered for use in the execution of work that has been contracted by the Insured to be performed by an independentparty. Tonnage or Sales to Tomage is defined as the total weight of oilfield pipe and oilfield pipe casing sold by the Insured. Units is defined as the number of persons or items descrbed. Rental Receipts is defined as the gross amount charged by the Named Insured concessionaires of the Named Insured or by others trading under the Insured s name for rental of equipment. Admissions is defined as the total number of persons other than employees of the Named Insured admitted to an event or events conducted on the premises whether on paid admission tickets complimentary tickets or passes. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2203102014 Page 20of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INDEPENDENT CONTRACTORS EMPLOYEES OR LEASED WORKERS WITH CONDITIONAL EXCEPTIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended and the following is added It is agreed this insurance does notapply to bodily injury or property damage to 1. Any independent contractor hired directly or indirectly by or on behalf of any Insured 2. Any employee or independent contractor of any independent contractor described above in paragraph 1. or 3. The spouse child parent brother sister or registered domestic partner of that independent contractor or employee of thatindependent contractor as a consequence or 1. or 2. above. Solely for the purpose of this endorsement the term employee includes a leased employee temporary employee borrowed servant casual laborer independent contractor subcontractor or any other person working for any independent contractor hired directly or indirectly by or on behalf of any insured. However this exclusion shall not apply in those cases or situations where the independent contractor has met all of the following conditions 1. The independent contractor has Commercial General Liability coverage in place at the ime of the loss with minimum limits ol1 000.000 per occurrence2000.000 general aggregate and 2.000.000 products completed operations aggregate. 2. The Insured is named as an additional insured on the independent contractor s Commercial General Liability Policy. 3. The independent contractor has in place at the time of the loss an indemnity agreement whereby the independent contractor agrees to indemnify defend and hold harmless the Insured. 4. The independent contractor waives any right of subrogation against the Insured. Commercial General Liability coverage maintained by independent contractors shall be primary and non contributory and this Policy shall be excess of the Limits of Liability of such insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information is required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by Policy No. Endorsement No. Countersigned by FMIC GL2231012012 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL SUBSIDENCE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE P ART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the following is added A SUBSIDENCE EXCLUSION This insurance does not apply to bodily injury or property damage directly or indirectly arising out of caused by resulting from contributed to aggravaied by or related to a claim or suit involving a subsidence as defined herein. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the bodily injury or property damage. We shall have no duty or obligation under this insurance to defend respond to investigate or indemnify any insured against any loss claim suit or other proceeding alleging damages arising out of or related to bodily injury or property damage to which this endorsement applies. This exclusion also applies to any obligation to share damages with repay or indemnify someone else who must pay damages because of such bodily injury or property damage. However the above exclusion does not apply to bodily injury or property damage arising out of subsidence at an insured project covered by this policy where all of the following conditions have been satisfied a. An Insured under this policy entered into a written contract with and utilized the services of a licensed geotechnical engineer to evaluate the surface and subsurface conditions at the project b. The geotechnical engineer developed and provided written recommendations and guidelines for use in preparing appropriate design and related construction specificaions for the project c. The project was designed and built in conformity with the recommendations and guidelines developed and provided by the geotechnical engineer d. The contract between any insured covered under this policy and the geotechnical engineer provides 1 that any insured under this policy is entitled to indemnity and defense from the geotechnical engineer with respect to any claim for liabilty arising out of Subsidence and Earth Movement or Earth Pressure and 2 that the geotechnical engineer must maintain both commercial general liability insurance or commercial general liability insurance and excess or umbrella insurance with a minimum limit of 5000000 per occurrence and professional liability insurance with a minimum limit of 5000000 per claim and 3 that any insured covered under this policy is named as an additional insured under the insurance maintained by the geotechnical engineer and e. Coverage for the bodily injury or property damage is available and collectible on a primary and non contributing basis for the full limits specified in paragraph d. 2 above under the commercial general liability insurance or commercial general liability insurance and excess or umbrella insurance or professional liability insurance maintained by the geotechnical engineer. FMIC GL2254042012 Page 1 of 2 | 2 |
The following definition is added to SECTION V DEFINITIONS Subsidence means settling settlement expansion sinking slipping falling away titting caving in shifting eroding rising heaving landslide flood or mud flow earthquake volcanic eruption or other tectonic processes or any other movement of land or earth however caused and whether by natural manmade accidental or artificial means. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. The following information s required only when this endorsement is issued subsequent to preparation of the Policy. Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by FMIC GL2254042012 Page 2of 2 | 2 |
POLICYHOLDER NOTICE CERTIHCATES OF INSURANCE The issuarce of a certiicate of insurance shall not amend extend or alter the coverage provided by this policy or change the persons or entities to whom such coverage i afforded under this policy. In no event shalla certificate of irswrance include any change andbr modification of the policy terms or condiicns or purport to add any named insured or any additional named insured unkess such change modification or addition is first approved by a plicy endorsement issued by the First Mercury Irsurance Company providing this insurance Company and signed by an officer of he Company. The Compary wil not be respansible for any liabiity resulting from the issuarce of any cetificate of insurance. In no event does anyone have the authoriy to issue a certficate of insurance which indudes any additions andlor modifications to the polcy terms and conditions includig but not limited to waivers of subrogaton aditioral insureds or any specid addiiional coverages unless expressly approved in writing by an endorsement issued by the Company. No one other than this Company can issue an endorsement or change the terms o the policy on behalfof the Company. The Company will not review accept or retain copies df any cerfficates of insurarce or additbnalinsured endorsemerts prepared by anyone. A catiicate of insurance is ntended to be infornational only and should rot be reliedupon to corfer or alter coverage or used to request or evidence a change to the policy. The Company will not be responsible for any liability or claims of reliance resuiting from the issuance of any unauthoiized endorsement or certficate or the ssuance of an endorsement which has been authorized by the Company but where the authorized wording amended o revised in any way. The Company providng this insurance does not approve or authorize any certiicales that are prohbited by w or otherwise prepared in violation of an applicable insurance code or statute. FMIC GL2496102013 | 2 |
IL 0021 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the 2 policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom Mutual Atomic Energy Liability Underwriters 2 The nuclear material is contained in spent Nuclear Insurance Association of Canada or fuel or waste at any time possessed any of their successors or would be an handled used processed stored insured under any such policy but for its transported or disposed of by or on behalf of termination upon exhaustion of its limit of an insured or liability or 3 The bodily injury or property damage 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 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. 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. jury 1L 00 21 09 08 ISO Properties Inc. 2007 Page1of2 | 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 SO Properties Inc. 2007 IL 00210908 | 2 |
CLAIM NOTIFICATION Send all claim notifications and information to First Mercury Insurance Company P.O. Box 5096 Southfield Michigan 48086 Or 26600 Telegraph Rd. Southfield MI 48033 Or Faxto First Mercury Insurance Company Attn Claim Department Fax Number 248 357 5036 Or Email to Claimsfaxfirstmercury.com This endorsement forms a part of the Policy to which attached effective on the inception date of the Policy unless otherwise stated herein. FMIC Claim Notification 122006 | 2 |
ef COVERXSPECIALTY A member of the Crum Forster Enterprise 26600 Telegraph Rd. Southfield MI 48033 P.O. Box 5069 Southfield MI 48086 03132015 Re Vesta Housing Solutions LLC GA CGL0000052625 01 THANK YOU FOR THE ORDER PLEASE REVIEW THIS POLICY CAREFULLY. THE COVERAGES AND TERMS OF THE POLICY MAY DIFFER FROM THOSE REQUESTED IN YOUR APPLICATION AND OR YOUR EXPIRING POLICY. PLEASE REVIEW AND ADVISE US IMMEDIATELY IN WRITING OR VIA FAX IF YOU HAVE ANY CHANGES TO THIS POLICY. Telephone 1 800 762 6837 Fax 1 248 358 2459 | 2 |
HDI GLOBAL INSURANCE COMPANY AN ILLINOIS CORPORATION 161 NORTH CLARK STREET 48 Floor CHICAGO IL 6060 312 580 1900 COMMERCIAL LINES POLICY FOR SISLEY COSMETICS USA INC. Policy GLD5491300 Policy Period July 252018 to January 012019 Underwriting Team PENELOPE BRUMM Underwriter NATHAN ORHT Underwriting Assistant JIM CLARK Chief Underwriting Officer Loss Notification To report a claim 24 hours a day 7 days a week please contact us as soon as practicable for further assistance Telephone 1 866 484 2053 Fax 1 866 477 8502 Email newclaimsus.hdi.global POLICY JACKET DECLARATIONS PAGE FORMS AND ENDORSEMENTS COMPLETE THIS POLICY IL SU 4003 01 16 Page 1 of 2 | 2 |
In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. o President CEO Dr. Lothar Becker DIE A Corporate Secretary David Neumeister IL SU 4003 01 16 Page 2 of 2 | 2 |
HDI Global Insurance Company HDI Specialty Insurance Company Privacy Policy We value your business and your trust in HDI. The privacy and confidentiality of your personal information is among our top priorities. This explains our practices and procedures for securing your personal information before during and after your relationship with us. We will provide one copy of this Privacy Statement with each policy we issue. Additional copies of this statement are available upon request. Thank you for choosing HDI for your insurance needs. How We Protect Your Information We understand the importance of securing your personal information. We have physical electronic and procedural safeguards in place to protect your nonpublic personal data in compliance with applicable state federal laws. We restrict employee access to customer information only to those who have a business reason to know in order to provide our products and services to you. What Personal Information We Collect About You We collect nonpublic personal information about you from the following sources only as our business needs require e Information received on applications and other forms whether in writing in person by phone electronically or by other means such as names addresses and employment information. e Information about your transactions with us our affiliates or others associated with our business relationship and information we receive from insurance agents consumer reporting agencies investigators connected with claims adjusting state motor vehicle departments inspection services insurance support organizations or other sources as permitted or required by law. e Information we receive in medical records or from medical professionals. e Information otherwise obtained in the claims adjustment process including litigation. What Personal Information We Disclose About You We do not disclose any of our customers or other persons nonpublic personal information to anyone except as permitted or required by law. Permitted disclosures include information to process transactions on your behalf and information about you or about participants beneficiaries or claimants under your insurance policy in the normal course of business. PP 3000 05 17 | 2 |
Policy Number GLD5491300 COMMON POLICY DECLARATIONS HDI Global Insurance Company 161 North Clark Street 48th Floor Chicago IL 60601 Item 1. Named Insured and Mailing Address Agent Name and Address SISLEY COSMETICS USA INC. LOCKTON COMPANIES LLC 7 RENAISSANCE SQUARE 1185 AVENUE OF THE AMERICAS FLOOR 3 NEW YORK NY 10036 WHITE PLAINS NY 10601 AgentNo. P02079010 Item2. Policy Period From 07 25 2018 To 01 01 2019 at 1201 A.M. Standard Time at your mailing address shown above. Item3. Business Description Form of Business CORPORATION Item4. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part 20648.00 Commercial Crime Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto Business or Truckers Coverage Part NOT COVERED Commercial Garage Auto Dealers Coverage Part NOT COVERED Total Policy Premium 20648.00 Item5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Countersigned M Date uthunzed Representative THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. CO DEC 0197 COMMON POLICY DECLARATIONS HDI Global Insurance Comp 161 North Clark Street 48th Floor Chicago IL GLD5491300 01 AMERICAS | 2 |
SCHEDULE OF LOCATIONS HDI Global Insurance Company Named Insured SISLEY COSMETICS USA INC. AgentName LOCKTON COMPANIES LLC LOC SCHED 0197 Designated Locations Address City State Policy Number GLD5491300 Effective Date 07 25 18 1201 A.M. Standard Time AgentNo. P02079010 Occupancy GLD5491300 SCHEDULE OF LOCATIONS HDI Global Insurance Company amed Insured SISLEY COSMETICS USA INC. Effective Date 07 25 18 1201 A.M. Standard Time | 2 |
HDI GLOBAL INSURANCE COMPANY Date 7252018 SISLEY COSMETICS USA INC. 7 RENAISSANCE SQUARE FLOOR 3 WHITE PLAINS NY 10601 Re Anti Fraud Warning Statement Requirements Policy Number GLD5491300 Pursuant to statutory requirements we are required to inform you of the specific Anti Fraud Warning Statement that is required on all applications for insurance. Some jurisdictions require your signature. Carefully review the attached form which includes the appropriate anti fraud statement. Please sign the attachment where necessary if you are domiciled in a state that requires your signature and return it to us as soon as possible. Thank you for your cooperation. Sincerely James Clark Chief Underwriting Officer 161 North Clark Street 48 Floor Chicago I1 60601 113004 MS 01 16 | 2 |
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