text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
113005 MS 08 13 HDI GLOBAL INSURANCE COMPANY STATE FRAUD STATEMENTS APPLICABLE IN ARKANSAS ARKANSAS FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. APPLICABLE IN COLORADO COLORADO FRAUD STATEMENT It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of insurance company who knowingly provide false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of Insurance within the department of regulatory agencies. APPLICABLE IN DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA FRAUD STATEMENT WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment fines and denial of insurance benefits. APPLICABLE IN FLORIDA FLORIDA FRAUD STATEMENT Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. APPLICABLE IN HAWAII HAWAII FRAUD STATEMENT For your protection Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment or both. 1of4 11 3005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN KANSAS KANSAS FRAUD STATEMENT 40 2118. Fraudulent insurance act defined penalty notification of commissioner when antifraud plan. a For purposes of this act a fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. b An insurer that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed shall provide to the commissioner on a form prescribed by the commissioner any and all information and such additional information relating to such fraudulent insurance act as the commissioner may require. c Any other person that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed may provide to the commissioner on a form prescribed by the commissioner any and all information and such additional information relating to such fraudulent insurance act as the commissioner may request. d 1 Each insurer shall have antifraud initiatives reasonably calculated to detect fraudulent insurance acts. Antifraud initiatives may include fraud investigators who may be insurer employees or independent contractors or an antifraud plan submitted to the commissioner no later than July 1 2007. Each insurer that submits an antifraud plan shall notify the commissioner of any material change in the information contained in the antifraud plan within 30 days after such change occurs. Such insurer shall submit to the commissioner in writing the amended antifraud plan. The requirement for submitting any antifraud plan or any amendment thereof to the commissioner shall expire on the date specified in paragraph 2 of this subsection unless the legislature reviews and reenacts the provisions of paragraph 2 pursuant to K.S.A. 45 229 and amendments thereto. 2 Any antifraud plan or any amendment thereof submitted to the commissioner for informational purposes only shall be confidential and not be a public record and shall not be subject to discovery or subpoena in a civil action unless following an in camera review the court determines that the antifraud plan is relevant and otherwise admissible under the rules of evidence set forth in article 4 of chapter 60 of the Kansas Statutes Annotated and amendments thereto. The provisions of this paragraph shall expire on July 1 2016 unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45 229 and amendments thereto prior to July 1 2016. e Except as otherwise specifically provided in subsection a of K.S.A. 2012 Supp. 21 5812 and amendments thereto and K.S.A. 44 5125 and amendments thereto a fraudulent insurance act shall constitute a severity level 6 nonperson felony if the amount involved is 25000 or more a severity level 7 nonperson felony if the amount is at least 5000 but less than 25000 a severity level 8 nonperson felony if the amount is at least 1000 but less than 5000 and a class C nonperson misdemeanor if the amount is less than 1000. Any combination of fraudulent acts as defined in subsection a which occur in a period of six consecutive months which involves 25000 or more shall have a presumptive sentence of imprisonment regardless of its location on the sentencing grid block. f In addition to any other penalty a person who violates this statute shall be ordered to make restitution to the insurer or any other person or entity for any financial loss sustained as a result of such violation. An insurer shall not be required to provide coverage or pay any claim involving a fraudulent insurance act. g This act shall apply to all insurance applications ratings claims and other benefits made pursuant to any insurance policy. APPLICABLE IN KENTUCKY KENTUCKY FRAUD STATEMENT Any person who knowingly presents a fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. 20f4 113005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN LOUISIANA LOUISIANA FRAUD STATEMENT Any person who knowingly presents a fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. APPLICABLE IN MAINE MAINE FRAUD STATEMENT It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines and denial of insurance benefits. APPLICABLE IN NEW JERSEY NEW JERSEY FRAUD STATEMENT Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicant s Signature Date APPLICABLE IN NEW MEXICO NEW MEXICO FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. APPLICABLE IN NEW YORK NEW YORK FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. Applicant s Signature Date APPLICABLE IN OKLAHOMA OKLAHOMA FRAUD STATEMENT Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. 3of4 11 3005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN PENNSYLVANIA PENNSYLVANIA FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is crime and subjects such person to criminal and civil penalties. APPLICABLE IN VIRGNIA VIRGNIA FRAUD STATEMENT It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance. 40f4 11 3005 MS 08 13 | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancella tion if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancella tion if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 1 of 1 o IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 23 07 02 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 GENERAL LIABILITY COVERAGE PART FARM 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 SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwrit ers Nuclear Insurance Association of Can ada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be 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 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 2 3 facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. H 2. As used in this endorsement agency thereof with any person or organi o X zation. Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. IL 00 23 07 02 ISO Properties Inc. 2001 Page 1 of 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the process ing 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 dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 23 07 02 o | 2 |
IL 02680114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 1. 2. 3. and 5. of the Cancellation Common Policy Condition are replaced by the following 1. The first Named Insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation Of Policies In Effect a. 60 Days Or Less We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.b. below. 2 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph A.2.b. below. b. For More Than 60 Days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed below provided we mail the first Named Insured written notice at least 15 days before the effective date of cancellation 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due 2 Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period Material physical change in the property insured occurring after issuance or last annual renewal anniversary date of the policy which results in the property becoming uninsurable in accordance with our objective uniformly applied underwriting standards in effect at the time the policy was issued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public 3 4 5 6 IL 0268 01 14 Insurance Services Office Inc. 2013 Page 10f 5 | 2 |
7 A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code or 8 Where we have reason to believe in good faith and with sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds. If we cancel for this reason you may make a written request to the Department of Financial Services within 10 days of receipt of this notice to review our cancellation decision. Also we will simultaneously send a copy of this cancellation notice to the Department of Financial Services. 3. We will mail or deliver our notice including the reason for cancellation to the first Named Insured at the address shown in the policy and to the authorized agent or broker. 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. However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata. Under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. B. The following is added to the Cancellation Common Policy Condition 7. If one of the reasons for cancellation in Paragraph A.2.b. or D.2.b.2 exists we may cancel this entire policy even if the reason for cancellation pertains only to a new coverage or endorsement initially effective subsequent to the original issuance of this policy. C. The following conditions are added 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph C.3. below. 2. Conditional Renewal If we conditionally renew this policy subject to a. A change of limits. A change in type of coverage. A reduction of coverage. An increased deductible. An addition of exclusion or. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating loss rating retrospective rating or audit we will send notice as provided in Paragraph C.3. below.. Notices Of Nonrenewal And Conditional Renewal 0 Q00 a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs C.1. and C.2. above we will mail or deliver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before 1 The expiration date or 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first Named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph C.3.a. b. or c. above by sending the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first Named Insured during this 60 day period has replaced the coverage or elects to cancel Page 2 of 5 Insurance Services Office Inc. 2013 IL0268 0114 | 2 |
2 And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first Named Insured during this additional policy period has replaced the coverage or elects to cancel. e. If you elect to renew on the basis of a late D. The conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period unless Subparagraph 2 below applies or 2 Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. following provisions apply when the Commercial Property Coverage Part the Farm Coverage Part or the Capital Assets Program Output Policy Coverage Part is made a part of this policy 1. Items D.2. and D.3. apply if this policy meets the following conditions a. The policy is issued or issued for delivery in New York State covering property located in this state and b. The policy insures 1 For loss of or damage to structures other than hotels or motels used predominantly for residential purposes and consisting of no more than four dwelling units or 2 For loss of or damage to personal property other than farm personal property or business property or 3 Against damages arising from liability for loss of damage to or injury to persons or property except liability arising from business or farming and c. The portion of the annual premium attributable to the property and contingencies described in 1.b. exceeds the portion applicable to other property and contingencies. 2. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Procedure And Reasons For Cancellation a. We may cancel this entire policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 15 days before the effective date of cancellation if we cancel for nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due or 30 days before the effective date of cancellation if we cancel for any other reason. b. But if this policy 1 Has been in effect for more than 60 days or 2 Is arenewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due 2 Conviction of a crime arising out of acts increasing the risk of loss 3 Discovery of fraud or material misrepresentation in obtaining the policy or in making a claim 4 Discovery of willful or reckless acts or omissions increasing the risk of loss 5 Physical changes in the covered property that make that property uninsurable in accordance with our objective and uniformly applied underwriting standards in effect when we a Issued the policy or b Last voluntarily renewed the policy 2 IL 0268 01 14 Insurance Services Office Inc. 2013 Page 3of 5 | 2 |
6 The Superintendent of Financial Services determination that continuing the policy would violate Chapter 28 of the Insurance Law or Required pursuant to a determination by the Superintendent of Financial Services that the continuation of our present premium volume would be hazardous to the interests of our policyholders our creditors or the public. 3. The following are added a. Conditional Continuation Instead of cancelling this policy we may continue it on the condition that 1 The policy limits be changed or 2 Any coverage not required by law be eliminated. If this policy is conditionally continued we will mail or deliver to the first Named Insured written notice at least 20 days before the effective date of the change or elimination. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. b. Nonrenewal If as allowed by the laws of New York State we 1 Do not renew this policy or 2 Condition policy renewal upon a Change of limits or b Elimination of coverage we will mail or deliver written notice of nonrenewal or conditional renewal a Atleast 45 days but b Not more than 60 days before the expiration date of the policy. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. E. The following is added to the Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions the Commercial Property Coverage Part and the Capital Assets Program Output Policy Coverage Part When the property is subject to the Anti arson Application in accordance with New York Department of Financial Services Insurance Regulation No. 96 the following provisions are added If you fail to return the completed signed and affirmed anti arson application to us 1. Or our broker or agent within 45 days of the effective date of a new policy we will cancel the entire policy by giving 20 days written notice to you and to the mortgageholder shown in the Declarations. 2. Before the expiration date of any policy we will cancel the policy by giving written notice to you and to the mortgageholder shown in the Declarations at least 15 days before the effective date of cancellation. The cancellation provisions set forth in E.1. and E.2. above supersede any contrary provisions in this policy including this endorsement. If the notice in E.1. or E.2. above is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. F. The following applies to the Commercial Property Coverage Part the Farm Coverage Part and the Capital Assets Program Output Policy Coverage Part Paragraphs f. and g. of the Mortgageholders Condition are replaced by the following f. Cancellation 1 If we cancel this policy we will give written notice to the mortgageholder at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or b 30 days before the effective date of cancellation if we cancel for any other reason. Page 4 of 5 Insurance Services Office Inc. 2013 IL0268 0114 | 2 |
2 If you cancel this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only cancellation will become effective on the later of a The effective date of cancellation of the insured s coverage or b 10 days after we give notice to the mortgageholder. g. Nonrenewal 1 If we elect not to renew this policy we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. 2 If you elect not to renew this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only nonrenewal will become effective on the later of a The expiration date of the policy or b 10 days after we give notice to the mortgageholder. G. The following provisions apply when the following are made a part of this policy Commercial General Liability Coverage Part Employment Related Practices Liability Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part 1. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph C.3.d. above. 2. The last sentence of Limits Of Insurance does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice. IL 0268 01 14 Insurance Services Office Inc. 2013 Page 50f 5 | 2 |
POLICY NUMBER GLD5491300 POLICY NUMBER GLD5491300 IL 09 8501 15 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts 181 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies COMMERCIAL GENERAL LIABILITY Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 82 Year20 18 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 81 Year20 19 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations. OMMERCIAL GENERAL LIABILITY dditional information if any concerning the terrorism premium Year20 18 Year20 19 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. IL 09 8501 15 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
B. Disclosure Of Federal Parti Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. pation In Payment C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 IL09 850115 | 2 |
IL SU 4004 10 10 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDMENT SCHEDULE Name Address and E Mail Address of Other Persons Organizations ANY CERTIFICATE HOLDER Number of Days Notice 30 If no entry appears above the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 1. If we cancel this policy by notice to you for any statutorily permitted reason other than nonpayment of premium we shall endeavor to mail e mail or deliver a copy of such written notice of cancellation to the persons or organizations shown in the Schedule above. IL. A copy of the notice per paragraph I. above will be mailed e mailed or delivered 1. To the appropriate addresses corresponding to the persons or organizations shown in the Schedule above and 2. The number of days required for notice of cancellation as provided in paragraph A.2. of the Common Policy Conditions or as amended by an applicable state cancellation endorsement or by the date as shown in the Schedule above. IIL Our failure to provide such advance notification to the persons or organizations shown in the Schedule of this endorsement will not extend any policy cancellation date nor negate any cancellation of the policy. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL SU 4004 10 10 | 2 |
IL AM 4002 NY 10 11 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS In no case shall this insurance cover loss damage liability or expense directly or indirectly caused or contributed to by or arising from any term or condition that violates the laws regulations or resolutions of the United States concerning economic and trade embargoes. All other terms and conditions of this policy remain unchanged. Page 1 of 1 IL AM 4002 NY 10 11 | 2 |
SCHEDULI Policy Number GLD5491300 E OF FORMS AND ENDORSEMENTS HDI Global Insurance Company Named Insured SISLEY COSMETICS USA INC. Effective Date 07 25 18 AgentName LOCKTON COMPANIES LLC COMMON POLICY FORMS AND ENDORSE IL SU 4003 01 16 PP 3000 05 17 CO DEC 01 97 LOC SCHED 01 97 3004 Ms 01 16 3005Ms 08 13 00 17 11 98 00 23 07 02 02 68 01 14 09 85 01 15 SU 4004 10 10 AM 4002 NY 10 11 FORM SCHED 01 97 INSTALL FORM 01 02 GENERAL LIABILITY FORMS AND END GL DEC 12 01 GL SCHED 01 97 04 13 12 04 07 11 12 07 12 07 10 14 12 07 07 13 12 07 01 96 04 13 04 13 04 13 04 13 05 14 04 13 03 05 11 85 12 07 01 15 04 13 04 13 04 09 10 91 FORM SCHED 0197 1201 AM. Standard Time AgentNo. P02079010 MENTS POLICY JACKET PRIVACY NOTICE COMMON POLICY DECLARATIONS SCHEDULE OF LOCATIONS ANTI FRAUD WARNING LETTER STATE FRAUD STATEMENTS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT NEW YORK CHANGES CANC NONRENL DISCLOSURE PURSUANT TERROR RISK INS ACT NOTICE OF CANCELLATION AMENDMENT ECONOMIC OR TRADE SANCTIONS SCHEDULE OF FORMS AND ENDORSEMENTS INSTALLMENT SCHEDULE ORSEMENTS COMM GENERAL LIABILITY COVERAGE SUPP DEC COMM GENERAL LIABILITY COVERAGE SCHEDULE COMMERCIAL GENERAL LIABILITY COV FORM NEW YORK CHANGES PREMIUM AUDIT NY CHANGES COMM GEN LIAB COV FORM CONFORMITY WITH STATUTE KNOW OFF OCCR CLAIM SUIT AMNDUNINT FAIL STATE OF NY EMPLOYEE BENEFITS LIAB ABSOLUTE ASBESTOS EXCLUSION ABSOLUTE LEAD EXCLUSION AIR PROD AIR GROUND HAZARDS EX DEDUCTIBLE LIABILITY INSURANCE PRIMARY AND NONCONTRIBUTORY OTHER INSD ADDL INSD MANAGERS LESSORS OF PREMISES ADDL INSD VENDORS ADDL INSD LESSOR OF LEASED EQUIPMENT EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EXCL NEW ENTITIES EXCL INTERCOMPANY PRODUCTS SUITS EMPLOYMENT RELATED PRACTICES EXCLUSION EXCL OTHR ACTS OF TERROR 0O S US EXCL ENGINEERS ARCH OR SURV PROF LIAB AMENDMENT OF INSURED CONTRACT DEFINITION NY CHANGES PROD COMP OPER LIAB COV FORM NY CHANGES TRANSFER OF DUTIES SCHEDULE OF FORMS AND ENDORSEMENTS HDI Global Insurance Company GLD5491300 OF FORMS AND ENDORSEMENTS nsurance Company INC. Effective Date 07 25 18 1201 A.M. Standard Time OMMUN FOLLILY FPOURMS AND BNDURoOEMENLOS L SU 4003 01 16 P 3000 05 17 O0 DEC 01 97 OC SCHED 01 97 I 3004 Ms 01 16 I 3005 Ms 08 13 L 00 17 11 98 L 00 23 07 02 L 02 68 01 14 L 09 85 01 15 L SU 4004 10 10 L AM 4002 NY 10 11 ORM SCHED 01 97 NSTALL FORM 01 02 ENERAL LIABILITY FORMS AND L DEC 12 01 L SCHED 01 97 G 00 01 04 13 G 01 04 12 04 G 01 63 07 11 G AM 1003 12 07 G AM 1017 12 07 G AM 1035 NY 10 14 G EX 1000 12 07 G EX 1001 NY 07 13 G EX 100 12 07 G 03 00 01 96 G 20 01 04 13 G 20 11 04 13 G 20 15 04 13 G 20 28 04 13 G 21 06 05 14 G 21 16 04 13 G 21 36 03 05 G 21 41 11 85 G 21 47 12 07 G 21 71 01 15 G 22 43 04 13 G 24 26 04 13 G 26 11 04 09 G 26 21 10 91 POLICY JACKET PRIVACY NOTICE COMMON POLICY DECLARATIONS SCHEDULE OF LOCATIONS ANTI FRAUD WARNING LETTER STATE FRAUD STATEMENTS COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT NEW YORK CHANGES CANC NONRENL DISCLOSURE PURSUANT TERROR RISK INS ACT NOTICE OF CANCELLATION AMENDMENT ECONOMIC OR TRADE SANCTIONS SCHEDULE OF FORMS AND ENDORSEMENTS INSTALLMENT SCHEDULE ENDORSEMENTS COMM GENERAL LIABILITY COVERAGE SUPP DEC COMM GENERAL LIABILITY COVERAGE SCHEDULE COMMERCIAL GENERAL LIABILITY COV FORM NEW YORK CHANGES PREMIUM AUDIT NY CHANGES COMM GEN LIAB COV FORM CONFORMITY WITH STATUTE KNOW OFF OCCR CLAIM SUIT AMNDUNINT FAIL STATE OF NY EMPLOYEE BENEFITS LIAB ABSOLUTE ASBESTOS EXCLUSION ABSOLUTE LEAD EXCLUSION AIR PROD AIR GROUND HAZARDS EX DEDUCTIBLE LIABILITY INSURANCE PRIMARY AND NONCONTRIBUTORY OTHER INSD ADDL INSD MANAGERS LESSORS OF PREMISES ADDL INSD VENDORS ADDL INSD LESSOR OF LEASED EQUIPMENT EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EXCL NEW ENTITIES EXCL INTERCOMPANY PRODUCTS SUITS EMPLOYMENT RELATED PRACTICES EXCLUSION EXCL OTHR ACTS OF TERROR 0O S US EXCL ENGINEERS ARCH OR SURV PROF LIAB AMENDMENT OF INSURED CONTRACT DEFINITION NY CHANGES PROD COMP OPER LIAB COV FORM NY CHANGES TRANSFER OF DUTIES e | 2 |
Policy Number GLD5491300 INSTALLMENT SCHEDULE HDI Global Insurance Company Named Insured SISLEY COSMETICS USA INC. Effective Date 07 25 18 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC AgentNo. P02079010 IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL DEPOSIT 07252018 20648.00 20648.00 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. INSTALL FORM 0102 GLD5491300 INSTALLMENT SCHEDULE HDI Global Insurance Company amed Insured SISLEY COSMETICS USA INC. Effective Date 07 25 18 1201 A.M. Standard Time PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED DUE PREMIUM SURCHARGE INSTALLMENT TOTAL EPOSIT 07252018 20648.00 20648.00 PREMIUM 20648.00 SURCHARGE | 2 |
Policy Number GLD5491300 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS HDI Global Insurance Company Named Insured SISLEY COSMETICS USA INC. Effective Date 07 25 2018 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC AgentNo. P02079010 Item 1. Business Description Coverage Limit of Liability Aggregate Limits of Liability Products Completed 1000000 Operations Aggregate General Aggregate other than 1000000 Products Completed Operations Coverage A Bodily Injury and any one occurrence subject to Property Damage Liability the Products Completed Operations and General 1000000 Aggregate Limits of Liability any one premises subject to the Damage To Premises Coverage A occurrence and the Rented To You General Aggregate Limits of 100000 Liability Coverage B Personal and any one person or organization Advertising Injury subject to the General Aggregate Liability 1000000 Limits of Liability Coverage C Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of Liability Item 3. Retroactive Date This Insurance does not apply to bodily injury property damage or personal and advertising injury which occurs before the Retroactive Date if any shown here Enter Date or None if no Retroactive Date applies Forms of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 20648.00 Other Premium Total Premium 20648.00 COMMERCIAL GENERAL LIABILITY COVER SUPPLEMENTAL DECLARATIONS HDI Global Insurance Comp 5491300 RT C. 1000000 1000000 Damage To Premises Rented To You 1000000 e THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. GL DEC 1201 | 2 |
Policy Number GLD5491300 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company Named Insured SISLEY COSMETICS USA INC. Effective Date 07 25 18 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC Agent No. P02079010 ode No. 92100 Location ALL Exposure 275 Rate Premium Premises Operations lassification mployee Benefits S 301.00 Products Completed Operations Rate Premium Code No. Premium Basis 11234 Gross Sales Location 001001 Exposure 1512000 Rate Premium 2.230 1477. Premises Operations HAIR OR SKIN PREPARATION Products Completed Operations Rate Premium 265. Premium Basis 11234 Gross Sales Location 001001 Exposure 1512000 Rate Premium L0091 13. Premises Operations Products Completed Operations Rate Premium 2. Premises Operations Location 001001 Exposure 54488000 Rate Premium lassification L4538 10811. DISTRIBUTORS NO FOOD OR DRINK Products Completed Operations Rate Premium 7613. GL SCHED 0197 GLD5491300 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company nNe. cheCuve vale. ViTa071l0 1201 A.M. Standard Time ployee Benerllts SMETIC HAIR OR SKIN PREPARATION ORES RRORISM STRIBUTORS NO FOOD OR DRINK | 2 |
Policy Number GLD5491300 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company Named Insured SISLEY COSMETICS USA INC. Effective Date 07 25 18 1201 A.M. Standard Time AgentName LOCKTON COMPANIES LLC Agent No. P02079010 ode No. 12362 Gross Sales Location 001001 Exposure 54488000 Rate Premium L0091 97.00 Premises Operations Products Completed Operations Rate Premium 69.00 Code No. Premium Basis Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium Code No. Premium Basis Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium GL SCHED 0197 GLD5491300 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE HDI Global Insurance Company nNe. cheCuve vale. ViTa071l0 1201 A.M. Standard Time RRORISM | 2 |
COMMERCIAL GENERAL LIABILITY CG00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Wl 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. 3 d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and lization qualifying as a Named y. The words we us and providing this insurance. s any person or organization or Section Il Who Is An es that appear in quotation ning. Refer to Section V s INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit vaaes. However. we will have 2 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location b c iil which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behaf 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 governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behaf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.. Personal And Advel This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. ing Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or usion does not apply to ded in the products ard. ur product arising out ir work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute 2. Exclusions This insurance does not apply to ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Wl Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertising injury to which this Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS d. 1. Insuring Agreement a. We will pay medical expenses as described Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are below for bodily injury caused by an accident 1 On premises you own or rent payable or must be provided under a workers compensation or disability benefits law or a similar law. 2 On ways next to premises you own or rent e. Athletics Activities or. To a person injured while practicing instructing 3 Because of your operations or participating in any physical exercises or provided that games sports or athletic contests. a The accident takes place in the coverage f. Products Completed Operations Hazard territory and during the policy period Included within the products completed b The expenses are incurred and reported operations hazard. to us within one year of the date of the g. Coverage A Exclusions accident and T iniured bmits Excluded under Coverage A. c The injur person submi 0 examination at our expense by SUPPLEMENTARY PAYMENTS COVERAGES A AND physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend These payments will not exceed the applicable a. All expenses we incur. limit of ns.urance. We will pay reasonable b. Up to 250 for cost of bail bonds required expenses for because of accidents or traffic law violations 1 First aid administered at the time of an arising out of the use of any vehicle to which the accident Bodily Injury Liability Coverage applies. We do 2 Necessary medical surgical X ray and dental not have to furnish these bonds. services including prosthetic devices and c. The cost of bonds to release attachments but 3 Necessary ambulance hospital professional only for bond amounts within the applicable limit nursing and funeral services of insurance. We do not have to furnish these bonds. 2 Excluslons e d. All reasonable expenses incurred by the insured We will not pay expenses for bodily injury at our request to assist us in the investigation or a. Any Insured defense of the claim or suit including actual To any insured except volunteer workers. loss of earnings up to 250 a day because of y time off from work. Hired Person e. All court costs taxed against the insured in the To a person hired to do work for or on behalf of suit. However these payments do not include any insured or a tenant of any insured. attorneys fees or attorneys expenses taxed. Injury On Normally Occupied Premises against the insured. To a person injured on that part of premises you t. Prejudgment interest awarded against the own or rent that the person normally insured on that part of the judgment we pay. If occupies. we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and rannrtad Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. iit and the information rence are such that no etween the interests of sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as aNamed Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a clam. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 2. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settletment or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the clamant or the claimant s legal representative. vioTLUiTIpIEioV Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented y you with e last preceding period for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner 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 primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitlied to the insured s rights against all those other insurers. i iil c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree The statements in the Declarations accurate and complete are Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. upon 3. 6. 8.. Hostile However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 14 2 3. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. iy ceviylivid it wiie lamed Insured this vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured how in CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 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 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..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 s 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 next to premises you own or rent Vehicles that travel on crawler treads d. Vehicles whether self propelled or maintained primarily to provide mobility permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 14 not to agreement except in ruction or demolition feet of arailroad ired by ordinance to except in connection ty AN reormants Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
1 1 1 3. 4. o However self propelled vehicles with the 16.Products completed operations hazard following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. 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. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 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.. 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 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. equipment but will be imarily for but not construction milar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses nprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or mee a pereon s or CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 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. 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. 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 18. 19. a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or warnings or instructions. failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
COMMERCIAL GENERAL LIABILITY CG 01041204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES PREMIUM AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph b. of the Premium Audit Condition B. Except as provided in Paragraph A. above the Section IV is replaced by the following Examination Of Your Books And Records Com PREMIUM AUDIT mon Policy Condition continues to apply. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro spective premiums is the date shown as the due date on the bill. An audit to deter mine the final premium due or to be re funded will be completed within 180 days after the expiration date of the policy. But the audit may be waived if the total annual premium attributable to the auditable ex posure base is not reasonably expected to exceed 1500. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. CG 01041204 ISO Properties Inc. 2003 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 016307 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1. Insuring Agreement of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following authorized by you to give or receive 1. Insuring Agreement f b... notice of an occurrence or claim knew a. We will pay those sums that the insured that the bodily injury or property becomes legally obligated to pay as damage had occurred in whole or in 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee damages because of bodily injury or part. If such a listed insured 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 even if the allegations of the suit are groundless false or fraudulent. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to 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 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 I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 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 I 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 CG 016307 11 Insurance Services Office Inc. 2010 Page 1 of 3 o | 2 |
3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. B. Paragraph 1.a. of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 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 even if the allegations of the suit are groundless false or fraudulent. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages Aand 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. C. The following is added as Paragraph e. to the Duties In The Event Of Occurrence Offense Claim Or Suit Condition Paragraph 2. of Section IV Commercial General Liability Conditions e. Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. D. Paragraph 3. of Section IV Commercial General Liability Conditions is replaced by the following 3. Legal Action Against Us a. Except as provided in Paragraph b. no person or organization has a right under this Coverage Part 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. b. With respect to bodily injury and personal and advertising injury claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. Page 2 of 3 Insurance Services Office Inc. 2010 CG 016307 11 o | 2 |
E. The following provision is added and supersedes any provision to the contrary Failure to give notice to us as required under this Coverage Part shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. F. The definition of loading or unloading in the Definitions Section does not apply. CG 016307 11 Insurance Services Office Inc. 2010 Page 3 of 3 m | 2 |
CG AM 1003 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONFORMITY WITH STATUTE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM Any terms of this policy that are in conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes if those statutes were in effect prior to the effective date of this policy. All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CG AM 1003 12 07 | 2 |
CG AM 1017 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE OFFENSE CLAIM OR SUIT AMENDMENT AND UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS COVERAGE FORM SCHEDULE Persons INSURANCE MANAGER Paragraph 2.a. of Section IV Commercial General Liability Conditions Duties In The Event of Occurrence Offense Claim or Suit is deleted and replaced by the following You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence or an offense which may result in a claim. You will not be charged with knowledge of an occurrence offense claim or suit until the persons shown in the Schedule above have been notified of the occurrence offense claim or suit in writing. To the extent possible the notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. The following paragraph is added to paragraph 6. of Section IV Commercial General Liability Conditions Representations Failure of the insured to disclose all hazards existing as of the inception date of the policy shall not reduce or negate the insurance afforded by this policy provided such failure or omission was not intentional. All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CG AM 1017 12 07 | 2 |
CG AM 1035 NY 10 14 HDI GLOBAL INSURANCE COMPANY STATE OF NEW YORK EMPLOYEE BENEFITS LIABILITY COVERAGE It is agreed that for all risks located in the State of New York this Coverage Form is attached to and forms part of the above policy and is effective as shown above. In the event of a conflict in the provisions of the underlying policy and this Coverage Form the provisions of this Coverage Form shall control. NOTICE COVERAGE IS PROVIDED ON A CLAIMS MADE BASIS THE EMPLOYEE BENEFITS LIABILITY COVERAGE IS WRITTEN ON A CLAIMS MADE BASIS. THE COVERAGE FORM PROVIDES NO COVERAGE FOR CLAIMS ARISING OUT OF INCIDENTS OCCURRENCES OR ALLEGED WRONGFUL ACTS WHICH TOOK PLACE PRIOR TO THE RETROACTIVE DATE STATED IN THE COVERAGE FORM. THE COVERAGE FORM COVERS ONLY CLAIMS ACTUALLY MADE AGAINST THE INSURED WHILE THE COVERAGE FORM REMAINS IN EFFECT AND ALL COVERAGE UNDER THE COVERAGE FORM CEASES UPON THE TERMINATION OF THE COVERAGE FORM EXCEPT FOR THE SIXTY 60 DAY AUTOMATIC EXTENDED REPORTING PERIOD COVERAGE UNLESS THE INSURED PURCHASED THE THREE 3 YEAR ADDITIONAL EXTENDED REPORTING PERIOD OPTION COVERAGE. ADDITIONAL EXTENDED CLAIM REPORTING PERIOD COVERAGE FOR A PERIOD OF THREE YEARS MAY BE ADDED BY ENDORSEMENT FOR AN ADDITIONAL PREMIUM OF 120 OF THE ANNUAL PREMIUM FOR THIS COVERAGE. NOTE POTENTIAL COVERAGE GAPS MAY ARISE UPON EXPIRATION OF THE EXTENDED REPORTING PERIOD IF REPLACEMENT COVERAGE IS PURCHASED BECAUSE THERE WILL BE NO COVERAGE FOR ALLEGED WRONGFUL ACTS WHICH TOOK PLACE PRIOR TO AND DURING THE EXTENDED REPORTING PERIOD. DURING THE FIRST SEVERAL YEARS OF THE CLAIMS MADE RELATIONSHIP CLAIMS MADE RATES ARE COMPARATIVELY LOWER THAN OCCURRENCE RATES AND THE INSUREDS CAN EXPECT SUBSTANTIAL ANNUAL PREMIUM INCREASES INDEPENDENT OF OVERALL RATE INCREASES UNTIL THE CLAIMS MADE RELATIONSHIP REACHES MATURITY. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Limits Of Insurance Each Employee Deductible Premium 1000000 leach employee 1000 688 1000000 laggregate This insurance does not apply to a wrongful act if the offense out of which the wrongful act arose commences before the Retroactive Date if any show below. Retroactive Date TR EEEE T Ry T My E e troactive Date Page 1 0f 11 | 2 |
CG AM 1035 NY 10 14 3. A claim seeking damages will be deemed to have been made at the earlier of the following times a. When notice of such claim is received and recorded by any Insured or by us whichever comes first or b. When we make settlement in accordance with Paragraph 1. above. A claim received and recorded by the Insured within 60 days after the end of the policy period will be considered to have been received within the policy period. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any Insured. B. DEFINITIONS 1. With respect to the insurance afforded by this Coverage Form the unqualified word Insured includes you provided that a. if you are designated as an individual the insurance applies only to the conduct of a business of which you are the sole proprietor and b. the unqualified word Insured also includes the following c. If you are or include a partnership or joint venture any partner or member thereof only with respect to his liability as such d. Any of your executive officers directors or stockholders while acting within the scope of his duties as such e. Any employee provided such employee is authorized to act in the Administration of your Employee Benefits Program. Employee Benefits Programs means a. group life insurance group accident or health insurance profit sharing plans pension plans employee stock subscription plans workmen s compensation unemployment insurance social benefits disability benefits and Page 2 of 11 A INSURING AGREEMENT 1. We will pay the Insured for those sums which the Insured shall become legally obligated to pay as damages because of any claim made against the Insured due to any Wrongful Act of the Insured or any other person for whose acts the Insured is legally liable in the Administration of the Insured s Employee Benefits Programs as defined in the Definitions section of this Coverage Form. This insurance applies only if a claim for damages covered by this Coverage Form or any extended reporting period is first made against the Insured during the policy period or extended reporting period. We will have the right and duty to defend the Insured against any suit seeking those damages. We will have the right and duty to defend the insured against any suit seeking those damages even if the allegations of the suit are groundless false or fraudulent. However we will have no duty to defend the Insured against any suit seeking damages to which this insurance does not apply. a. The amount we will pay for damages is limited as described in the Declarations and b. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to damages only if a. The act error or omission is negligently committed in the administration of your Employee Benefits Program b. The act error or omission did not take place before the Retroactive Date if any shown in the Declarations nor after the end of the policy period and c. A claim for damages because of an act error or omission is first made against any Insured in accordance with Paragraph 3. below during the policy period or an Extended Reporting Period we provide under Section F. of this Coverage Form. | 2 |
7. 9. CG AM 1035 NY 10 14 error or omission committed by any Insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the Employee Benefits Program. Inadequacy of Performance of Investment Advice Given With Respect To Participation Any claim based Upon a. Failure of any investment to perform b. Errors in providing information on past performance of investment vehicles or c. Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the Employee Benefits Program. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. ERISA Damages for which any Insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the Insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties Taxes fines or penalties including those Page 3 of 11 b. any other similar employee benefits instituted after the effective date of this Coverage Form provided we are notified within thirty 30 days after the institution of such benefits. Administration wherever used shall mean a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefits program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefits program. However administration does not include handling payroll deductions. Wrongful Act means any actual or alleged negligent act error or omission in the Administration of the Employee Benefits Program. Claim means any demand or suit made by n employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. C. EXCLUSIONS This coverage does not apply to 1. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act | 2 |
CG AM 1035 NY 10 14 imposed under the Internal Revenue Code or any similar state or local law. bring suits 3.Claims made or suits brought 4. Acts errors or omissions or 5. Benefits included in your Employee Benefits Program. The Limits of Liability stated in the Declarations of this Coverage Form as applicable to each Wrongful Act or series of related Wrongful Acts is the limit of our liability for all claims made on account of any Wrongful Act or series of related acts by this Coverage Form for the period of liability. The limit stated in the Declarations as Each Annual Aggregated is subject to the above provisions the total limit of our liability for all claims covered during the period this Coverage Form is in force. The Limits of Insurance of this Coverage Form apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issuance for an additional period of less than 12 months. The annual aggregate limits of the expiring Coverage Part as shown in the Declarations will be increased in proportion to the policy extension provided. F. CONDITIONS 10. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. D. SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an Insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the Insured inthe suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. f. Prejudgment interest awarded against the Insured on that part of the judgment we pay. 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. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. E. LIMITS OF LIABILITY The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insured s 2. Persons or organizations making claims or 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured s estate will not relieve us of our obligations under this Coverage Form. Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. If a claim is made or suit is brought against any Insured you must Page 4 of 11 | 2 |
CG AM 1035 NY 10 14 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 an act error or omission to which this insurance may also apply. d. No insured will except at that Insured s own voluntarily make a payment assume any obligation or incur any expense without our consent. Legal Action Against Us No person or organization has the right under this Coverage Form a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under this Coverage Form our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown Page 5 of 11 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. Notice given by or on behalf of the Insured or written notice by or on behalf of the injured person or any other claimant to our licensed agent with particulars sufficient to identify the Insured shall be deemed notice to us. 3 Failure to give any notice required to be given by such policy within the time prescribed therein shall not invalidate any claim made by the Insured an injured person or any other claimant if it shall be shown not to have been reasonably possible to give such notice within the prescribed time and that notice was given as soon as was reasonably possible thereafter. 4 Failure to give notice to us as required under this Coverage Form within the time prescribed therein shall not invalidate any claim made by the Insured injured person or any other claimant unless the failure to provide timely notice has prejudiced us. The coverage Part may provide that the claim shall be made during the policy period any renewal thereof or any extended reporting period except as provided in paragraph 3 above. 5 With respect to all claims if we disclaim liability or deny coverage based upon the failure to provide timely notice then the injured person or other claimant may maintain an action directly against us in which the sole question is our disclaimer or denial based on the failure to provide timely notice unless within sixty 60 days following such disclaimer or denial the Insured or us a Brings an action to declare the rights of the parties under the Coverage Part and b Names the injured person or other claimant as a party to the action. c. Youand 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 |
CG AM 1035 NY 10 14 rules and rates. An audit to determine final premium for policies under which the initial premium is based on an estimate of the Insured s exposure base shall be conducted within 180 days after expiration of such policy and may not be waived except in the following circumstances 1 The total annual premium attributable to the auditable exposure base is not reasonably expected to exceed 1500 or 2 The policy requires notification to the insurer with the specific identification of any additional exposure units for which coverage is requested. Premium shown in this Coverage Form as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. As soon as practicable following such audit we will refund or credit the Insured s account for any return premium due the insured or bill and make a good faith effort to collect any additional premium due us as a result of the audit. The first named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. If an Insured fails to cooperate with us in its attempt to conduct such audit including failure to return any questionnaires or self audit worksheets we shall nonrenew such Insured upon completion of the current policy period due to our inability to establish a proper premium for such Insured. Representations By accepting this policy you agree b. c. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Form to the first named Insured this insurance applies As if each named Insured were the only Page 6 of 11 in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Declarations of this insurance or b The other insurance has a policy period which continues after the Retroactive Date shown in the Declarations of this insurance. 2 When this insurance is excess we will have no duty to defend the Insured against any suit if any other insurer has a duty to defend the Insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this endorsement. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Form in accordance with our | 2 |
CG AM 1035 NY 10 14 against and that occurred subsequent to inception of the current policy period v Material physical change in the property insured occurring after issuance or last annual renewal anniversary date of the policy that results in the property becoming uninsurable in accordance with our objective uniformly applied underwriting standards in effect at the time the policy was issued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy that causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed vi Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public vii A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code or viiiWhere we have reason to believe in good faith and with sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds. If we cancel for this reason you may make a written request to the Insurance Department within 10 days of receipt of this notice to review our cancellation decision. Also we will simultaneously send a copy of this cancellation notice to the Insurance Department. 2 For More Than Sixty 60 Days If this policy has been in effect for more than sixty 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed in paragraph b.1b above provided we mail the named Insured written notice at least Page 7 of 11 named Insured and b. Separately to each Insured against whom claim is made or suit is brought. Transfer Of rights Of Recovery Against Others ToUs If the Insured has rights to recover all or part of any payment we have made under this Coverage Form those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the Insured will bring suit or transfer those rights to us and help us enforce them. 9. Cancellation a. The named Insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. b. Cancellation of Policies in Effect 1 Sixty 60 days or less We may cancel this policy by mailing or delivering to the named Insured written notice of cancellation at least a Thirty 30 days before the effective date of cancellation if we cancel for any reason not included in paragraph b.1b below. b Fifteen 15 days before the effective date of cancellation if we cancel for any of the following reasons i Nonpayment of premium ii provided however that a notice of cancellation on this ground shall inform the first named Insured of the amount due Conviction of a crime arising out of the acts increasing the hazard insured against iii Discovery of fraud or material iv misrepresentation in the obtaining of the policy or in the presentation of a claim After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured | 2 |
CG AM 1035 NY 10 14 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating loss rating retrospective rating or audit we will send notice as provided in paragraph 10.c. below. c. Notices of Nonrenewal and Conditional Renewal 1 If we decide not to renew this policy or to 2 4 conditionally renew this policy as provided in paragraphs 10.a. and 10.b. above we will mail or deliver written notice to the named Insured shown in the Declarations at least sixty 60 but not more than one hundred twenty 120 days before a The expiration date or b The anniversary date if this is a continuous policy. Notice will be mailed or delivered to the named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. If we violate any of the provisions of paragraphs 10.c1 or 3 above by sending the named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice a Coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until sixty 60 days after such notice is mailed or delivered unless the named Insured during this sixty 60 day period has replaced the coverage or elects to cancel. b On or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the named Insured during this additional policy period has replaced the coverage or Page 8 of 11 fifteen 15 days before the effective date of cancellation. c. We will mail or deliver our notice including the reason for cancellation to the named Insured at the address shown in the policy and to the authorized agent or broker. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the named Insured any premium refund due. If we cancel the refund will be pro rata. If the named Insured cancels the refund may be less than pro rata. However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata. Under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. If one of the reasons for cancellation in paragraph b.1b exists we may cancel this entire policy even if the reason for cancellation pertains only to a new coverage or endorsement initially effective subsequent to the original issuance of this policy. 10. Nonrenewal Conditional Renewal and Notices of Nonrenewal and Condition Renewal a. Nonrenewal If we decide not to renew this policy we will send notice as provided in paragraph 10.c. below. b. Conditional Renewal If we conditionally renew this policy subject toa 1 Change of limits 2 Change in type of coverage 3 Reduction of coverage 4 Increased deductible 5 Addition of exclusion or 6 Increased premiums in excess of | 2 |
CG AM 1035 NY 10 14 13. Transfer of Duties When A Limit Of Insurance Is Used Up a. If we conclude that based on occurrences offenses claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit other than the Products Completed Operations Aggregate Limit 2 Products Completed Operations Aggregate Limit 3 Personal and Advertising Injury Limit 4 Each Occurrence Limit or 5 Fire Damage Limit is likely to be used up in the payment of judgments or settlements we will notify the first Insured in writing to that effect. b. When a limit of insurance described in paragraph a. above has actually been used up in the payment of judgments or settlements 1 We will notify the first Insured in writing as soon as practicable that Such a limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 We will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. We agree to take such steps as we deem appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. 3 The first Insured and any other insured involved in a suit seeking damages subject to Page 9 of 11 elects to cancel. 5 We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. 11. Premium The premium stated in the Declarations is an estimated premium only. Upon termination of each annual period of this policy the Insured on request will furnish us a statement of the total number of employees at the end of the period. The earned premium shall be computed on the average of the number of employees at the end of the coverage period and that stated in the Declarations. If the earned premium thus computed exceeds the estimated premium paid the Insured shall pay the excess to us if less we shall return to the Insured the unearned portion paid by such Insured. 12. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Declarations as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Declarations applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim Apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. | 2 |
4. CG AM 1035 NY 10 14 automatic extended reporting period option and the availability of the premium for and the importance of purchasing the additional extended reporting period option. The Insured will have the greater of sixty 60 days from the effective date of termination of coverage or thirty 30 days from the date of mailing or delivery of the advice of the availability to purchase the additional extended reporting period option to submit written acceptance of the Additional Extended Reporting Period Option. If the Insured has been placed in receivership liquidation or bankruptcy or permanently ceases operations then any one qualifying as an Insured has the right to the Additional Extended Reporting Period Option issued in the name of the Insured for the benefit of all who qualify as you. The request for such Additional Extended Reporting Period Option must be made within one hundred twenty 120 days of the termination of coverage Only one such additional extended reporting period option amendment will be issued and the extended period for such coverage shall be three 3 years. This extension period includes the automatic sixty 60 day extension specified in Item 1. above. Limits of Liability. If the claims made relationship has continued for three 3 years or more the Aggregate Limit of Insurance for the Insured s Extended Reporting Period shall be equal to the Aggregate Limit Each Policy Year shown in the Declarations. If the Claims Made Relationship has continued for less than three 3 years the Aggregate Limit of Insurance for the Insured s Extended Reported Period shall be the greater of a. The amount of coverage remaining in your Aggregate Limit Each Policy Year or b. Fifty 50 percent of your Aggregate Limit Each Policy Year Premium Payment Additional Extended Reporting Period Option A.E.R.P Upon termination of this policy or Coverage Form any return premium due the Insureds shall be credited toward the premium for the additional extended period coverage if the Insureds elect such coverage. If any premium is due any monies received by us from the Insureds as payment for additional extended reporting period coverage shall first be applied to such premium owing for the policy Page 10 of 11 that limit must arrange for the defense of such suit within such time period as agreed to between the appropriate insured and us. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. c. The first Insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with paragraph b.2 above. The duty of the first Insured to reimburse us will begin on 1 The date on which the applicable limit of insurance is used up if we sent notice in accordance with paragraph a. above or 2 The date on which we sent notice in accordance with paragraph b.1 above if we did not send notice in accordance with paragraph a. above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this Condition. G. ADDITIONAL EXTENDED REPORTING PERIOD OPTION AERP AND AUTOMATIC EXTENDED REPORTING PERIOD The provisions of the additional extended reporting period option will not apply except for the sixty 60 day automatic extended reporting period if the claims made relationship has been less than one 1 year and the policy has been terminated for nonpayment of premium or fraud. 1. In the event of policy or Coverage Form cancellation or nonrenewal decrease in Coverage Form limits reduction of coverage increased deductible or self insured retention new exclusion or any other change in coverage less favorable to the Insureds a sixty 60 day automatic extended reporting period extension will be granted to the Insureds at no charge in which any claim reported will be considered as having been made before the termination date. This sixty 60 day automatic extended reporting period extension is provided at no charge regardless of whether the Insured has any other coverage available or not. The limit of liability for this extension period will be the remaining limit applicable to the expiring coverage part. 2. Within thirty 30 days after termination we will notify the Insured in writing of the | 2 |
CG AM 1035 NY 10 14 Form during such affiliation shall continue to be covered under this Coverage Form and any extended reporting period after such affiliation has ceased for such person s covered acts or omissions during such affiliation. All other terms and conditions of this policy remain unchanged or Coverage Form and then to the additional extended reporting period coverage premium. During this claims made relationship and any extended reporting period a person employed or otherwise affiliated with the Insured and covered by the Insured s claims made coverage form during such affiliation shall continue to be covered under this Coverage Page 11 of 11 | 2 |
CG EX 1000 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form or to paragraph 2. Exclusions of Section Coverages Products Completed Operations Coverage Form or to paragraph 2. Exclusions of Section Coverages Bodily Injury and Property Damage of the Owners and Contractors Protective Liabiity Coverage Form or to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability of the Railroad Protective Liability Coverage Form This insurance does not apply to Asbestos Exclusion 1 Any bodily injury property damage or personal and advertising injury arising out of or caused by the actual alleged or threatened exposure at any time to an asbestos hazard or 2 Any loss cost or expense arising out of a Any claim or suit b Any request demand or order to test for monitor clean up remove dispose of encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or c Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing disposing of encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. The following definition is added to Section V Definitions Asbestos means the mineral in any form whether or not the asbestos was at any time 1 Airborne as a fiber particle or dust 2 Contained in or formed a part of a product structure or other real or personal property 3 Carried on clothing materials goods products or structures 4 Inhaled or ingested or 5 Transmitted by any other means. All other terms and conditions remain the same THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. apply to rising out of Page 1 of 1 CG EX 1000 12 07 | 2 |
CG EX 1001 NY 07 13 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form or to paragraph 2. Exclusions of Section Coverages Products Completed Operations Coverage Form or to paragraph 2. Exclusions of Section Coverages Bodily Injury and Property Damage of the Owners and Contractors Protective Liabiity Coverage Form or to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability of the Railroad Protective Liability Coverage Form or to paragraph 2. Exclusions of Section Liquor Liability Coverage of the Liquor Liability Coverage Form This insurance does not apply to bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the suspected actual or alleged Manufacture of Distribution of Transportation of Sale of Resale of Re branding of Installation of Repair of Removal of Encapsulation of Abatement of Replacement of. Carried on clothing Handling of Storage of Ingestion of vesgrFTTFampoROoDSe q. Absorption of r. Physical exposure to or s. Testing for lead paint or other products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. In addition this exclusion applies to 1 The costs of clean up or removal of lead or products and materials containing lead The cost of such actions as may be necessary to monitor assess and evaluate the release or threat of release of lead or products and material containing lead The cost of disposal of lead substances or the taking of such other action that may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 The cost of compliance with any law or regulation regarding lead. The company does not have any obligation to defend adjust investigate or pay any cost for investigation defense adjustment or attorney fees which are excluded under the terms of this endorsement. This exclusion does not apply if the New York premises covered by this policy was constructed in 1980 or after or has undergone lead abatement procedures. Cl All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CG EX 1001 NY 07 13 All other terms and conditions remain the same. | 2 |
CG EX 1003 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND AIRCRAFT GROUNDING HAZARDS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM This insurance does not apply to bodily injury property damage or personal and advertising injury andor any liability assumed under a contract or agreement arising out of aircraft products or the grounding of any aircraft. The following additional definitions are added to Section V Definitions Aircraft products means a. Any manufacture sale rental leasing handling distribution inspection maintenance servicing repair or rebuilding of 1 Any aircraft including missiles satellites or spacecraft or ground control or ground support equipment used in connection with either Any article part or spare part installed in aircraft or ground control or ground support equipment or used in connection with either and 3 Any other ground handling tools or equipment. b. Any plans specifications opinions drawings surveys designs blueprints recommendations suggestions orders or engineering or other advice relating to any article part or spare part installed in or used in connection with aircraft or ground control or ground support equipment including any other ground handling tools or equipment. c. Any training aids instructions and manuals relating to the operation inspection maintenance servicing repair or rebuilding of aircraft ground control or ground support equipment including any other ground handling tools or equipment. d. Any other goods products or services specifically intended for use in the manufacture repair service operation or maintenance of any aircraft or ground control or ground support equipment. e. Any labor or services relating to the manufacture sale rental leasing handling distribution inspection maintenance servicing repair or rebuilding of such aircraft articles parts or spare parts installed in or used in connection with any aircraft or ground control or ground support equipment. Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any article part or spare part which was manufactured sold rented by leased by handled by distributed by inspection by maintained by serviced by repaired by or rebuilt by the insured or any other person or organization according to the plans specifications drawings opinions surveys designs blueprints recommendations suggestions orders or engineering or other advice of the insured or with tools machinery or other equipment furnished to such persons or organizations by the insured whether such aircraft so withdrawn are owned or operated by the same or different persons or organizations. A grounding shall be deemed to commence on the date of an accident or occurrence which discloses such condition or on the date an aircraft is first withdrawn from service on account of such condition whichever occurs first. All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CG EX 1003 12 07 2 3 | 2 |
POLICY NUMBER GLD5491300 IBER GLD5491300 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability andor Property Damage Liability Combined s s 2000 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused 2000 PER OCCURENCE A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. Ifthe 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 I Under Property Damage Liability Cover age to all damages sustained by any one person because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of ser vices or death resulting at any time from bod ily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. CG 03 00 01 96 Copyright Insurance Services Office Inc. 1994 Page 1 of 2 | 2 |
as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duti claim or s s in the event of an occurrence it apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a I Under Bodily Injury Liability Coverage to all damages because of bodily injury Under Property Damage Liability Coverage to all damages because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined CG 03 00 01 96 Page 2 of 2 Copyright Insurance Services Office Inc. 1994 | 2 |
COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the o. additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and CG20010413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLD5491300 POLICY NUMBER GLD5491300 COMMERCIAL GENERAL LIABILITY CG20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You ANY PREMISES RENTED TO THE INSURED Name Of Persons Or Organizations Additional Insured ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT Additional Premium INCL. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to 2. If coverage provided to the additional insured include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. NY PREMISES RENTED TO THE INSURED NY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT CG20110413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLD5491300 POLICY NUMBER GLD5491300 COMMERCIAL GENERAL LIABILITY CG201504 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products ALL VENDORS OF THE INSURED S PRODUCTS WHERE REQUIRED BY WRITTEN CONTRACT ALL PRODUCTS MANUFACTURED DISTRIBUTED OR SOLD BY THE INSURED Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG201504 13 Insurance Services Office Inc. 2012 B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container Page 1 of 2 RODUCTS WHERE REQUIRED BY RITTEN CONTRACT STRIBUTED OR SOLD BY THE NSURED CG201504 13 Page 1 of 2 | 2 |
. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products.. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG201504 13 | 2 |
POLICY NUMBER GLD5491300 POLICY NUMBER GLD5491300 COMMERCIAL GENERAL LIABILITY CG20280413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. NY PERSON OR ORGANIZATION WHERE REQUIRED BY WRITTEN CONTRACT CG20280413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 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 endorsement 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 This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 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 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. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1of 1 | 2 |
POLICY NUMBER GLD5491300 POLICY NUMBER GLD5491300 COMMERCIAL GENERAL LIABILITY CG21160413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ALL CONSULTATIVE SERVICES PERFORMED BY THE INSURED With respect to any professional services shown in the Schedule 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 due to the rendering of or failure to render any professional service. Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 service. CG 21160413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 36 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW ENTITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3. of Section Il Who Is An Insured does not apply. CG 21 36 03 05 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CG21411185 Copyright Insurance Services Office Inc. 1984 Page 1 of 1 m | 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 In jury 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 defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 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 defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG21710115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and disfigurement or obvious physical 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. 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. CG21710115 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. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 CG21710115 | 2 |
COMMERCIAL GENERAL LIABILITY CG22430413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY 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 the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. 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 any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. CG22430413 Insurance Services Office Inc. 2012 Page 1 of 1 | 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 a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization 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. 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 CG24260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 1104 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 1. Insuring Agreement of Section Coverages is replaced by the following 1. Insuring Agreement a. We will pay those sums that the insured 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive no tice of an occurrence or claim knew becomes legally obligated to pay as dam ages because of bodily injury or property damage included within the products completed operations hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages even if the al legations of the suit are groundless false or fraudulent. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Lim its Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under Supple mentary Payments. 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 that the bodily injury or property dam age had occurred in whole or in part. If such a listed insured or authorized em ployee knew prior to the policy period that the bodily injury or property dam age occurred then any continuation change or resumption of such bodily in jury or property damage during or af ter the policy period will be deemed to have been known prior to the policy pe riod. 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 In sured 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 pol icy period. d. Bodily injury or property damage will be deemed to have been known to have oc curred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee au thorized 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 CG 26 11 04 09 Insurance Services Office Inc. 2008 Page 1 of 2 m | 2 |
2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injur damages claimed by any person or organi zation for care loss of services or death re sulting at any time from the bodily injury. B. The following is added as Paragraph e. to Duties In The Event Of Occurrence Claim Or Suit under Paragraph 2. of Section IV Products Completed Operations Liability Conditions 2. Duties In The Event Of Occurrence Claim Or Suit e. Notice given by or on behalf of the insured or written notice by or on behalf of the in jured person or any other claimant to any agent of ours in New York State with par ticulars sufficient to identify the insured shall be considered to be notice to us. C. Paragraph 3. of Section IV Products Completed Operations Liability Conditions is replaced by the following 3. Legal Action Against Us a. Except as provided in Paragraph b. no person or organization has a right under this Coverage Part 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 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 re cover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. b. With respect to bodily injury claims if we deny coverage or do not admit liability be cause an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured per son someone acting for the injured person or other clamant may bring an action against us provided the sole question is whether the denial of coverage or nonad mission of liability is based on the failure to provide timely notice. However the injured person someone act ing for the injured person or other claimant may not bring an action if within 60 days af ter we deny coverage or do not admit liabil ity we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. D. The following provision is added and supersedes any provision to the contrary Failure to give notice to us as required under this Coverage Part shall not invalidate any claim made by the insured injured person or any other claim ant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. E. The definition of loading or unloading in the Definitions Section does not apply. Page 2 of 2 Insurance Services Office Inc. 2008 CG 26 11 04 09 o | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Condition is added to COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV Transfer of Duties When a Limit of Insurance Is Used Up. a. If we conclude that based on occurrences of fenses claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit other than the Prod ucts Completed Operations Aggregate Limit Products Completed Operations Aggregate Limit 3 Personal and Advertising Injury Limit 4 Each Occurrence Limit or 5 Fire Damage Limit is likely to be used up in the payment of judgments or settlements we will notify the first Named In sured in writing to that effect. b. When a limit of insurance described in paragraph a. above has actually been used up in the payment of judgments or settlements 1 We will notify the first Named Insured in writ ing as soon as practicable that a Such alimit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 We will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. 2 We agree to take such steps as we deem ap propriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. The first Named Insured and any other insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to be tween the appropriate insured and us. Absent any such agreement arrangements for the de fense of such suit must be made as soon as practicable.. The first Named Insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with paragraph b.2 above. The duty of the first Named Insured to reimburse us will begin on 1 The date on which the applicable limit of insur ance is used up if we sent notice in accor dance with paragraph a. above or 2 The date on which we sent notice in accor dance with paragraph b.1 above if we did not send notice in accordance with paragraph a. above.. The exhaustion of any limit of insurance by the payments of judgments or settlements and the re sulting end of our duty to defend will not be af fected by our failure to comply with any of the pro visions of this Condition. 3 CG 26 2110 91 Copyright Insurance Services Office Inc. 1991 Page 1 of 1 m | 2 |
COMMERCIAL INSURANCE Policy Number GLO 0183143 02 Named Insured and Mailing Address ANDALE READY MIX CENTRAL INC. SEE NAMED INSURED ENDT 3170 N OHIO ST WICHITA KS 67219 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 0183143 01 Producer and Mailing Address LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Producer Code 37385 000 Policy Period Coverage begins 10 01 2018 at 1201 AM. Coverageends 10 01 2019 at1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM 30764.00 issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 30764.00 This premium does not include Taxes and Surcharges. SEE INSTALLMENT SCHEDULE Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 NERAL LIABILITY COVERAGE PREMIUM 30764.00 ssued by ZURICH AMERICAN INSURANCE COMPANY | 2 |
Z ZURICH Insured Name Policy Number Effective Date THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 1 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 January1 2018 December 31 2018 federal share 82 January1 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism TLEI LR P AW 04 4 S Uil aldiviiiaiie v Tioh Vi iVee TV LETUTHEU dule Vi tEliViielil IV TiTITe Ul TiaUlaliVe suldieul v 1 hiif. U GU630 D CW 0115 Page 10f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a 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 or the premises of a United States mission and 4. To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW 0115 Page 2 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 ZURICH e NI ANE R X CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Policy Number Effective Endorsement Date Number ANDALE READY MIX CENTRAL INC. GLO 0183143 02 10012018 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a 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 or the premises of a United States mission and 4. To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with ts permission. U GU767 8 CW 0115 Page 1 of 1 | 2 |
Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1 | 2 |
Policy Number GLO 0183143 02 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured ANDALE READY MIX CENTRAL INC. Effective Date 10 01 18 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 COMMON POLICY FORMS AND ENDORSEMENTS U GU630 D CW 01 15 DISCLOSURE OF INFO RELATING TO TRIA U GU767 B CW 01 15 CAP ON LOSS FROM CERTIFIED ACTS OF TERR U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GU621 A CW 10 02 SCHEDULE OF NAMED INSURED S U GU406 B 07 15 INSTALLMENT PREMIUM SCHEDULE U GU1016 A CW 06 10 KNOWLEDGE BY POSITION OR DEPARTMENT IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 02 61 09 07 KANSAS CHANGES CANC NONRENL U GU298 B CW 04 94 CANCELLATION BY US IL 00 03 09 08 CALCULATION OF PREMIUM U GU1191 A CW 03 15 SANCTIONS EXCLUSION ENDORSEMENT GENERAL LIABILITY FORMS AND ENDORSEMENTS U GL107 A CW 10 16 BLANKET NOTIFICATION TO OTHERS OF CANC U GL1517 B CW 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL U GL851 B CW 06 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL909 B CW 09 05 BATCH ENDORSEMENT U GL923 B CW 06 04 SILICA OR SILICA MIXED DUST EXCLUSION U GL D851 B CW 09 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL D1115 B CW 09 04 COMMERCIAL GL COVERAGE PART DECLARATIONS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM U GL1114 A CW 10 02 ACCOUNT RATE COMPUTATION ENDORSEMENT U GL1114 A CW 10 02 ELECTRONIC DATA LIABILITY ENDORSEMENT U GL1114 A CW 10 02 SUPPLEMENTAL GENL LIAB. COVERAGE ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 F CW 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1342 A CW 10 07 LEAD LIABILITY EXCLUSION U GL1390 A CW 04 09 METHYL TERTIARY BUTYL ETHER EXCLUSION U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT CG 01 09 11 85 KS AND OK CHANGES TRANSFER OF RIGHTS U GL852 A CW 07 96 EMPL BENEFITS LIAB OCCURRENCE DED ENDT CG 21 08 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO CG 21 47 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION CG 21 55 09 99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE CG 25 03 05 09 DESIGNATED CONSTRUCTION PROJECTS GENERAL U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 0183143 02 F FORMS AND ENDORSEMENTS ican Insurance Company L INC. Effective Date 10 01 1 1201 A.M. Standard Tin OMMUN FOLLILY FPOURMS AND BNDUROEMENLS GU630 D CW GU767 B CW GU D310 A GU619 A CW GU319 F GU621 A CW GU406 B GU1016 A CW L 00 17 L 00 21 L 02 61 GU298 B CW L 00 03 GU1191 A CW ENERAL LIABILITY FORMS AND GL107 A CW GL1517 B CW GL851 B CW GL909 B CW GL923 B CW GL D851 B CW GL D1115 B CW G 00 01 GL1114 A CW GL1114 A CW GL1114 A CW GL1171ACW GL1175 F CW GL1342 A CW GL1390 A CW GL1178ACW G 01 09 GL852 A CW G 21 08 G 21 47 G 21 55 G 25 03 DISCLOSURE OF INFO RELATING TO TRIA CAP ON LOSS FROM CERTIFIED ACTS OF TERR COMMON POLICY DECLARATIONS SCHEDULE OF FORMS AND ENDORSEMENTS IMPORTANT NOTICE IN WITNESS CLAUSE SCHEDULE OF NAMED INSURED S INSTALLMENT PREMIUM SCHEDULE KNOWLEDGE BY POSITION OR DEPARTMENT COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT KANSAS CHANGES CANC NONRENL CANCELLATION BY US CALCULATION OF PREMIUM SANCTIONS EXCLUSION ENDORSEMENT ENDORSEMENTS BLANKET NOTIFICATION TO OTHERS OF CANC RECORD OR DISTRB OF MATRL OR INFO EXCL EMPLOYEE BENEFITS LIAB OCCURRENCE COV BATCH ENDORSEMENT SILICA OR SILICA MIXED DUST EXCLUSION EMPLOYEE BENEFITS LIAB OCCURRENCE COV COMMERCIAL GL COVERAGE PART DECLARATIONS COMMERCIAL GENERAL LIABILITY COV FORM ACCOUNT RATE COMPUTATION ENDORSEMENT ELECTRONIC DATA LIABILITY ENDORSEMENT SUPPLEMENTAL GENL LIAB. COVERAGE ENDORSEMENT FUNGI OR BACTERIA EXCLUSION ADDL INSD AUTO OWNERS LESSEES CONTRACTR LEAD LIABILITY EXCLUSION METHYL TERTIARY BUTYL ETHER EXCLUSION ASBESTOS EXCLUSION ENDORSEMENT KS AND OK CHANGES TRANSFER OF RIGHTS EMPL BENEFITS LIAB OCCURRENCE DED ENDT EXCL ACC DISCL OF CONFI OR PERSONAL INFO EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL. WITH HOSTILE FIRE DESIGNATED CONSTRUCTION PROJECTS GENERAL W QraqQ W cw el A CW 3 CW A CW | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. e Lo RV President Corporate Secretary e President QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
Policy Number GLO 0183143 02 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPANY Named Insured ANDALE READY MIX CENTRAL INC. Effective Date 10 01 18 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 NAMED INSURED ANDALE READY MIX CENTRAL INC. ANDALE CONSTRUCTION INC. ANDALE READY MIX INC. ACEIT INDUSTRIES INC. GRAY METAL INC. MOLITOR LLC MOLITOR MEDICINE RANCH LLC WHITE IRON INC. OKLAHOMA CEMENT SOLUTIONS LLC U GU621 A CW 1002 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPAL LO 0183143 02 tfantive Nata 1TMN119 ANDALE READY MIX CENTRAL INC. NDALE READY MIX CENTRAL INC. NDALE CONSTRUCTION INC. NDALE READY MIX INC. CEIT INDUSTRIES INC. RAY METAL INC. OLITOR LLC OLITOR MEDICINE RANCH LLC HITE IRON INC. KLAHOMA CEMENT SOLUTIONS LLC | 2 |
Z ZURICH INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments on the dates and in the amounts shown below. NAMED INSURED POLICY NUMBER ENDORSEMENT NUMBER ANDALE READY MIX CENTRAL INC. GLO 0183143 02 PAYMENT DUE 100118 010119 040119 070119 TOTAL STANDARD PREMIUM 7691. 7691. 7691. 7691. 30764. 00 00 00 00 00 s TOTAL PREMIUM 7691. 7691. 7691. 7691. 30764. 00 00 00 00 00 Failure to pay the installment Premium by the Due Date shown shall constitute non payment of premium for which we may cancel this policy. U GU406 B 0715 | 2 |
Z ZURICH Knowledge by Position or Department Policy No. ET. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. GLO 0183143 02 10012018 10012019 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Business Auto Coverage Part Commercial General Liability Coverage Part Liquor Liability Coverage Part Products Completed Oj tions Liability Coverage Part Railroad Protective Liability Coverage Part SCHEDULE KNOWLEDGE BY ANY PERSON IN Position or Department THE RISK MANAGEMENT DEPARTMENT THE LAW DEPARTMENT OR ANY EXECUTIVE THAT IS RESPONSIBLE FOR RECEIVING OR ACTING UPON SAID INFORMATION. The following Condition is added Knowledge By Your Employee 1. Knowledge of an accident occurrence offense injury claim suit or loss by your employee will not in and of itself be considered your knowledge of the accident occurrence offense injury claim suit or loss unless an employee who a. Holds a position or b. Is a member of a department shown in the Schedule of this endorsement receives such knowledge. 2. This endorsement does not apply unless the Schedule of this endorsement indicates at least one Position or Department. All other terms and conditions of this policy remain unchanged. U GU1016 A CW 0610 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation 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 suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. 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 representa tive. 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. Pagelof1 O IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any 2 agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 10f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL 026109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART A COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2.a. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation stating the reasons for cancella tion at least 1 10days before the effective date of cancella tion if we cancel for nonpayment of pre mium. 2 30days before the effective date of cancella tion if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the in ception of this policy A determination by the insurance commis sioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or A determination by the insurance commis sioner that we no longer have adequate re insurance to meet our needs. 5 6 B. The following is added and supersedes any condi tion to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the ex piration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. IL 02 61 09 07 ISO Properties Inc. 2006 Page 1 of 1 m | 2 |
COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided by the following BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. U GU298 B CW 494 Page 1 of | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10f 1 m | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1 | 2 |
Z ZURICH Important Notice Texas Safety Consultation Services Zurich in North America has loss control services available at no additional charge. If you would like additional information regarding these services please contact us at the address or phone listed below. Zurich Services Corporation Risk Engineering 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 982 5964 By email risk.engineeringzurichna.com LC373 D TX 1117 Page 1 of 1 | 2 |
Z ZURICH Blanket Notification To Others Of Cancellation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0183143 02 Effective Date 10012018 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule 1. Must be initially provided to us within 15 days a. After the beginning of the policy period shown in the Declarations or b. After this endorsement has been added to policy 2. Must contain the names and e mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled 3. Must be in an electronic format that is acceptable to us and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured. Proof of e mailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not 1. Extend the Coverage Part cancellation date 2. Negate the cancellation or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. We are not responsible for the accuracy integrity timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms conditions provisions and exclusions of this policy remain the same. U GL107 A CW 1016 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Recording And Distribution Of Material Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. GLO 0183143 02 10012018 10012019 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law 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 directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law 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 directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or U GL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page 2 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Policyholder Notice General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is a conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. Under Coverage B Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. U GL2110 A CW 0115 Page 10f 2 | 2 |
CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of any access to or disclosure of any person s or organization s confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. U GL2110 A CW 0115 Page 2of 2 | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.