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Employee Benefits Liability Occurrence Coverage Form Z ZURICH This Coverage Form provides occurrence coverage. Please read the entire form carefully. 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 Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. 2. Insuring Agreement A. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured in the ad ministration of the insured s employee benefit programs. We will have the right and duty to de fend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for any act error or omission for which this insurance does not apply. We may at our discretion investi gate any claim and settle any suit that may result but 1. The amount we pay for damages is limited as described in Section II. Limits of Insurance of this Coverage Part 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 un der this Employee Benefit Liability coverage. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments of this Coverage Part. This only if surance applies to an act error or omi 1. The act error or omission takes place in the coverage territory 2. The insured had no knowledge of and could not have reasonably forescen any circum stances which might result in a claim or suit and 3. The act error or omi policy period. on occurs during the Exclusions This insurance does not apply to any G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation. Any claim or suit arising out of an insurer s or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant. Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured.. Any claim or suit arising out of an Insured s liability as a fiduciary under G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation Any claim or suit arising out of an insure or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant. Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured. Any claim or suit arising out of an Insured s liability as a fiduciary under U GL851 B CW 604 Page 10f4 | 2 |
a. The Employee Retirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supple mentary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judg ment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our liability. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day be cause of time off from work. D. Prejudgment interest awarded against the in sured 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 in terest based on that period of time after the of fer. II. Limits of Insurance A. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. Subject to the Aggregate Limit provisions in B. above the Each Act Error or Omission Limit is the most we will pay for all damages sustained by any one employee including the employee s de pendents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs.. The limits of this Coverage Part apply separately to each consecutive annual period and to any remain ing period of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance 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 pur poses of determining the Limits of Insurance. IL Conditions A. Bankruptcy Bankruptey or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap plicable deductible amount you mus that we are notified as soon as practicable of any act error or omission which may result in a claim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employee and witnes 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b. Notify us as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information. Cooperate with us in the investigation set tlement or defense of the claim or suit and d. Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury to which this in surance may also apply. No insureds will except at their own cost. vol untarily make a payment assume any obliga tion or incur any expense without our consent. C. Legal Action Against Us U GL851 B CW 604 Page 20f 4 | 2 |
No person or organization has a right 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 obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance 1 This Coverage Part is primary insurance ex cept when stated to apply in excess of or con tingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which applies to the loss on an exci or contingent basis the amount of our liability under this Coverage Part shall not be reduced because of such other insurance. 2 When both this insurance and other insurance apply to the loss on the same basis whether primary excess or contingent we shall not be liable for a greater proportion of the loss than that stated in the applicable contribution provi sion below a. Contribution by Equal Shares If all of the other insurance permits contri bution 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. b. Contribution by Limits If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur ers. E. 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 in surance applies 1 As if each Named Insured were Named Insured and the only 2 Separately to each insured against whom claim is made or suit is brought. 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 in sured 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. 1V. Definitions A. B. C. D. E. F. 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 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and 2 Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertise ment. Administration means 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs 2 Handling records in connection with employee benefit programs or 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or dis ease sustained by a person including death result ing from any of these at any time. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay damages is determined in a suit on the merits in the territory described in D. 1 above or in a settlement to which we agree. Employee means Your officers and employees whether actively em ployed disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compensa tion une mployment insurance salary continuation U GL851 B CW 604 Page 3of 4 | 2 |
G. plans social security disability benefits insurance avings plans vacation plans or any other simil plans or programs. Insured means You and any of your partners executive officers di rectors members stockholders or employees pro vided such employee is authorized to act in the administration of your employee benefit pro grams. Personal and advertising injury means Injury including consequential bodily injury aris ing out of one or more of the following offens 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person zation s goods products or services or or organi 5 Oral or written publication in any manner of material that violates a person s right of pri vacy 6 The use of another s advertising idea in your advertisement or 7 Infringing upon another s copyright trade dress or slogan in your advertisement. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from computer software including systems and applications soft ware 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 to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. U GL851 B CW 604 Page dof 4 | 2 |
ZURICH Batch Endorsement Policy No. Ef. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 0183143 02 10012018 10012019 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Batch of your products is Enter as precise a description as possible of what is a batch of your products unless the definition of batch in the endorsement below applies It is agreed that all covered claims or suits for bodily injury or property damage which arise from the same hazard defect or source of contamination relating to any single batch of your products shall be considered as arising out of one occurrence. All damages and subsequent claims or suits resulting from any occurrence noted above shall be allocated to the one policy period in which bodily injury or property damage first occurs and only the available limits of insurance of that policy period will apply to the payment or settlement of all such claims or suits. Unless indicated otherwise in the SCHEDULE above batch of your product is defined as follows Batch of your product is deemed to include all of your like products which are produced in a single production run and can be distinguished from other of your products by the specific location date or time of production of all such like products or by a common lot number common batch number or other common production identifier assigned to such like products. U GL909 B CW 905 Page I of 1 | 2 |
Silica or Silica Mixed Dust Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 0183143 02 10012018 10012019 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of sili ca or Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U GL923 B CW 604 Page 1 of Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART OCCURRENCE DECLARATIONS Policy Number GLO 0183143 02 Named Insured ANDALE READY MIX CENTRAL INC. Policy Period Coverage begins 10 01 201 Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 10 01 2018 at1201 AM Coverageends 10 01 2019 at1201 AM Item 1. Limits of Insurance 1000000 Aggregate Limit 1000000 Each Act Error or Omission Limit Iltem 2. Form of Business Individual Partnership Joint Venture X Corporation other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees 92100 IF ANY INCL Per Employee INCL INCL Flat Charge INCL Total Advance Premium For This Coverage Part INCL Audit Period X Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Advance Premium U GL D851 B CW 904 Pagel of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 0183143 02 ZURICH AMERICAN INSURANCE COMPANY Named Insured ANDALE READY MIX CENTRAL INC. Policy Period Coverage begins 10 01 2018 at1201AM. Coverageends 10 01 2019 at1201AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Business Description Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here NONE Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements 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 30764.00 Other Premium Total Premi 64.00 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 0183143 02 ZURICH AMERICAN INSURANCE COMPANY Named Insured ANDALE READY MIX CENTRAL INC. Policy Period Coverage begins 10 01 2018 at1201AM. Coverageends 10 01 2019 at1201AM. ENERAL AGGREGATE LIMIT ENERAL AGGREGATE LIMIT 2000000 RODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 ACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person ERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization 300000 Any one premises 10000 Any one person 1000000 Any one person or organization UGLD1115B CW 904 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 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 Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity 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 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. 2 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 r Section I 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 1aages. 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 faling 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 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or c 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 i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or 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 behalf of a governmental authority for damages because of testing for monitoril cleaning up removing contai treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 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.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 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 behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.. 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 lmpaired 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 ROMSs 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 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 Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity 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. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv 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 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 4 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 c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 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 fns.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 OIY for bond amounts within the appllqabe limit nursing and funeral services. glljrssurance. We do not have to furnish these 2. Exclusions N T 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. I955 of earnings up to 250 a day because of Hired Per time off from work. Hire rson. 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 f. Prejudgment interest awarded against the own or that the occupies. rent person normally 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. as described an accident u own or rent 1 the coverage icy period 1 and roannrtad 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. Anindividual 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. lit 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 c For which there is any obligation to share 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.. 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. damages with or repay someone elsg vhc No person or organization is an insured with respect to must pay damages because of the injury the conduct of any current or past partnership joint described in Paragraph 1a or b venture or limited liability company that is not shown as above or a Named Insured in the Declarations. d Arising out of his or her providing or SECTION lIl LIMITS OF INSURANCE failing to provide professional health care 4 pq Limits of Insurance shown in the Declarations services. and the rules below fix the most we wil pay 2 Property damage to property regardless of the number of a Owned occupied or used by a. Insureds 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. 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 Aand 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 claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis 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 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. AL VPR LY cts completed Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will s 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 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.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. Premium shown 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. 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 informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 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.. Hostile fire However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 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. Wiy Gdeeiylivid it e 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 shown 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 is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following ty pes of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. agreement except in ruction or demolition feet of a railroad ired by ordinance to except in connection ty SN rearant s Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
13. 14. 15. However self propelled vehicles with 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. the 16. Products completed operations hazard. 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 aee a pereon s or. TR dam or r wort 2 3 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 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 failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
Policy Number GLO 0183143 02 ENDORSEMENT 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 ACCOUNT RATE COMPUTATION ENDORSEMENT TOTAL PROJECTED EXPOSURE PREM OPS EXPOSURE 5000 PRODUCTS EXPOSURE 5000 RATE1000 PREM OPS 0.246112 PRODUCTS 0.369168 0000 0000 DEPOSIT PREMIUM REFER TO U GU D310 A 0193 THE PREMIUM CHARGED AT INCEPTION WILL BE AN ACCOUNT AVERAGE RATE CHARGED AGAINST THE INITIAL ANNUAL SALES REPORTED. THE FINAL PREMIUM WILL BE DETERMINED AT AUDIT. U GL1114 A CW 1002 o e e GLO 0183143 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY ANDALE READY MIX CENTRAL INC. A 0193 | 2 |
Policy Number ELECTRONIC DATA LIABILITY ENDORSEMENT COMPANY Named Insured Effective Date 1201 AM. Standard Time Agent Name Agent No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 300000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury And Property Damage Liability in Section Coverages is replaced by the following 2. Exclusions This insurance does not apply to p 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 that does not result from physical injury to tangible property. However this exclusion does not apply to liability for damages because of bodily injury.. The following paragraph is added to Section Ill Limits Of Insurance Subject to 5. above the Loss Of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence.. The following definition is added to the Definitions section 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.. For the purposes of the coverage provided by this endorsement the definition of property damage in the Definitions section is replaced by the following 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 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data 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. ELECTRONIC DATA LIABILITY ENDORSEMENT COMPANY amed Insured Effective Date 1201 AM. Standard Time gent Name Agent No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. his endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE oss Of Electronic Data Limit 300000 rformation required to complete this Schedule if not shown above will be shown in the Declarations. ELECTRONIC DATA LIABILITY ENDORSEMENT COMPANY Effective Date 1201 AM. Standard Time does not apply to Nata U GL1114 A CW 1002 | 2 |
Z ZURICH Amended General Liability Supplemental Coverage Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section Il Who Is An Insured Any organization of yours other than a partnership or joint venture which is not shown in the Declarations and over which you maintain an ownership interest of more than 50 of such organization as of the effective date of this Coverage Part will qualify as a Named Insured. However such organization will not qualify as a Named Insured under this provision if it a. Is newly acquired or formed during the policy period b. Is also an insured under another policy other than a policy written to apply specifically in excess of this Coverage Part or c. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50 in the organization during the policy period. 2. The last paragraph of Section Il Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section Il Who Is An Insured is replaced by the following 3. Any organization you newly acquire or form during the policy period other than a partnership or joint venture and over which you maintain an ownership interest of more than 50 of such organization 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 180 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. UGL 1114A CW Page 10f 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. 2. The last paragraph of Section Il Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. Insured Status Employees Paragraph 2.a.1 of Section Il Who Is An Insured is replaced by the following 2. Each of the following is also an insured 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 c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a and 1d do not apply to your employees or volunteer workers who are not employed by you or volunteering for you as health care professionals for bodily injury arising out of Good Samaritan Acts while the employee or volunteer worker is performing duties related to the conduct of your business. Good Samaritan Acts mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs 1a b and c do not apply to any employee designated as a supervisor or higher in rank with respect to bodily injury to coemployees. As used in this provision employees designated as a supervisor or higher in rank means only employees who are authorized by you to exercise direct or indirect supervision or control over employees or volunteer workers and the manner in which work is performed. D. Additional Insureds Lessees of Premises Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement but only with respect to liability arising out of your ownership maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. 1. This provision does not apply after the person or organization ceases to lease or rent premises from you. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Wil not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. UGL 1114A CW Page 2 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement referenced in Subparagraph D.1. above of this endorsement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured Vendors 1. The following change applies if this Coverage Part provides insurance to you for bodily injury and property damage included in the products completed operations hazard Section Il Who Is An Insured is amended to include as an additional insured any person or organization referred to throughout this Paragraph E. as vendor who you have agreed in a written contract or written agreement prior to loss to name as an additional insured but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business However the insurance afforded to such vendor a. Only applies to the extent permitted by law and b. Wil not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors the following additional exclusions apply a. The insurance afforded the vendor does not apply to 1 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 2 Any express warranty unauthorized by you 3 Any physical or chemical change in the product made intentionally by the vendor 4 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 5 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 6 Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product 7 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 8 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 a The exceptions contained in Subparagraphs 4 or 6 or b 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. b. 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. UGL 1114A CW Page 3 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
c. This insurance does not apply to any of your products for which coverage is excluded under this Coverage Part. 3. With respect to the insurance afforded to the vendor under this endorsement the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the vendor is the amount of insurance a. Required by the written contract or written agreement referenced in Subparagraph E.1. above of this endorsement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured Managers Lessors or Governmental Entity 1. Section Il Who Is An Insured is amended to include as an insured any person or organization who is a manager lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract written agreement or permit but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by a. Your acts or omissions or b. The acts or omission of those acting on your behalf and resulting directly from a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit b. Ownership maintenance occupancy or use of premises by you or c. Maintenance operation or use by you of equipment leased to you by such person or organization. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Wil not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or offense that caused personal and advertising injury b. To any person or organization included as an insured under Paragraph 3. of Section Il Who Is An Insured c. Toany lessor of equipment if the occurrence or offense takes place after the equipment lease expires To any 1 Owners or other interests from whom land has been leased by you or 2 Managers or lessors of premises if a The occurrence or offense takes place after the expiration of the lease or you cease to be a tenant in that premises b The bodily injury property damage or personal and advertising injury arises out of the structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor or c The premises are excluded under this Coverage Part. 3. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Ill Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance UGL 1114A CW Page 4 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a. Required by the written contract or written agreement referenced in Subparagraph F.1. above of this endorsement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Premises Rented or Occupied by You 1. 2. The last paragraph under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section lll Limits Of Insurance. Paragraph 6. of Section lll Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by one or more specific perils to any one premises while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The insured contract definition under the Definitions Section is replaced by the following Insured contract means 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 specific perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal and advertising injury arising out of the offenses of false arrest detention or imprisonment to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. I. Definition Specific Perils The following definition is added to the Definitions Section Specific perils means a. b. Fire Lightning UGL 1114A CW Page 5 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
c. Explosion d. Windstorm or hail e. Smoke f. Aircraft or vehicles g. Vandalism h. Weight of snow ice or sleet Leakage from fire extinguishing equipment including sprinklers or Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage Personal and Advertising Injury 1. Exclusion e. of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if a The personal and advertising injury arises out of the offenses of false arrest detention or imprisonment b The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement and c The personal and advertising injury occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury described in Paragraph a above provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same written contract or written agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section Supplementary Payments Coverages A and B is replaced by the following d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 3. The following is added to the paragraph directly following Paragraph 2.f. of Section Supplementary Payments Coverages A and B Notwithstanding the provisions of Paragraph 2.e.2 of Section Coverage B Personal And Advertising Injury Liability such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. K. Supplementary Payments The following changes apply to Supplementary Payments Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following UGL 1114A CW Page 6 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Up to 2500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. L. Broadened Property Damage 1. 2. 3. Property Damage to Contents of Premises Rented Short Term The paragraph directly following Paragraph 6 in Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage to premises other than damage by specific perils including property damage to the contents of such premises rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section Ill Limits Of Insurance. Elevator Property Damage a. The following is added to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability Paragraphs 3 and 4 of this exclusion do not apply to property damage arising out of the use of an elevator at premises you own rent or occupy. b. The following is added to Section lll Limits Of Insurance Subject to Paragraph 5. above the most we will pay under Coverage A for damages because of property damage to property loaned to you or personal property in the care custody or control of the insured arising out of the use of an elevator at premises you own rent or occupy is 25000 per occurrence. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability Paragraph 4 of this exclusion does not apply to property damage to equipment you borrow from others at a jobsite. b. The following is added to Section lll Limits Of Insurance Subject to Paragraph 5. above the most we will pay under Coverage A for damages because of property damage to equipment you borrow from others is 25000 per occurrence. M. Definitions Bodily Injury The bodily injury definition under the Definitions Section is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish mental injury shock fright or death sustained by that person which results from that bodily injury sickness or disease. N. Insured Status Amateur Athletic Participants Section Il Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However no such person is an insured for Bodily injury to 1 Your employee volunteer worker or any person you sponsor while participating in such amateur athletic activities or 2 You any partner or member if you are a partnership or joint venture or any member if you are a limited liability company while participating in such amateur athletic activities or Property damage to property owned by occupied or used by rented to in the care custody or control of or over which the physical control is being exercised for any purpose by 1 Your employee volunteer worker or any person you sponsor or 2 You any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. UGL 1114A CW Page 7 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
0. Non Owned Aircraft Auto and Watercraft Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 51 feetlong and b Not being used to carry persons for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 5 An aircraft that is hired or chartered by you or loaned to you with a paid and licensed crew and is not owned in whole or in part by an insured or 6 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 f.3 of the definition of mobile equipment. P. Definitions Leased Worker Temporary Worker and Labor Leasing Firm 1. The leased worker and temporary worker definitions under the Definitions Section are replaced by the following Leased worker means a person leased to you by a labor leasing firm under a written 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. Temporary worker means a person who is furnished to you to support or supplement your work force during employee absences temporary skill shortages upturns or downturns in business or to meet seasonal or short term workload conditions. Temporary worker does not include a leased worker. The following definition is added to the Definitions Section Labor leasing firm means any person or organization who hires out workers to others including any a. Employment agency contractor or services b. Professional employer organization or c. Temporary help service. Q. Definition Mobile Equipment Paragraph f. of the mobile equipment definition under the Definitions Section is replaced by the following f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. UGL 1114A CW Page 8 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
However self propelled vehicles with the following types of permanently attached equipment exceeding a combined gross vehicle weight of 1000 pounds 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. R. Definitions Your Product and Your Work The your product and your work definitions under the Definitions Section are replaced by the following Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance use handling maintenance operation or safety 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. S. Your work Means 1 Work services or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work services or operations. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance use handling maintenance operation or safety of your work and 2 The providing of or failure to provide warnings or instructions. Priority Condition The following paragraph is added to Section lll Limits Of Insurance In the event a claim is made or suit is brought against more than one insured seeking damages because of bodily injury or property damage caused by the same occurrence or personal and advertising injury caused by the same offense we will apply the Limits of Insurance in the following order a You b Your executive officers partners directors stockholders members managers if you are a limited liability company or employees and c Any other insured in any order that we choose. UGL 1114A CW Page 9 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
T. Duties in the Event of Occurrence Offense Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions Notice of an occurrence or of an offense which may result in a claim under this insurance or notice of a claim or suit shall be given to us as soon as practicable after knowledge of the occurrence offense claim or suit has been reported to any insured listed under Paragraph 1. of Section Il Who Is An Insured or an employee authorized by you to give or receive such notice. Knowledge by other employees of an occurrence offense claim or suit does not imply that you also have such knowledge. In the event that an insured reports an occurrence to the workers compensation carrier of the Named Insured and this occurrence later develops into a General Liability claim covered by this Coverage Part the insured s failure to report such occurrence to us at the time of the occurrence shall not be deemed to be a violation of this Condition. You must however give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. U. Other Insurance Condition Paragraphs 4.a. and 4.b.1 of the Other Insurance Condition of Section IV Commercial General Liability Conditions are replaced by the following 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. However this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that 1 The additional insured is a Named Insured under such other insurance and 2 You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis property insurance Builder s Risk Installation Risk or similar coverage for your work ii That is property insurance purchased by you including any deductible or self insurance portion thereof to cover premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you including any deductible or self insurance portion thereof 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 iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability or v That is property insurance including any deductible or self insurance portion thereof purchased by you to cover damage to Equipment you borrow from others or Property loaned to you or personal property in the care custody or control of the insured arising out of the use of an elevator at premises you own rent or occupy. UGL 1114A CW Page 10 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b Any other primary insurance including any deductible or self insurance portion thereof available to the insured covering liability for damages arising out of the premises operations products work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. c Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. V. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV Commercial General Liability Conditions is replaced by the following 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally a. Fail to disclose all hazards existing at the inception of this policy or b. Make an error omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. W. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Commercial General Liability Conditions is replaced by the following 8. Transfer Of Rights Of Recovery Against Others To Us a. 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. b. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured s performance begins or when it is signed whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. X. Liberalization Condition The following condition is added to Section IV Commercial General Liability Conditions Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. Al other terms and conditions of this policy remain unchanged. UGL 1114A CW Page 11 of 11 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 0183143 02 10012018 10012019 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores byproducts produced or released by fungi. scents or 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U GL1171 AC W 0703 Page I of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors 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 Named Insured THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Address including ZIP Code This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement 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. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 0183143 02 10012018 10012019 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Dam age Liabi and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liabil This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering con taining treating mitigating or neutralizing lead paint containing lead or any other material product or substance con taining lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1 | 2 |
Z ZURICH Methyl Tertiary Butyl Ether Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. EM. Date of End. Addl. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section Coverages Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Methyl Tertiary Butyl Ether 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of methyl tertiary buty ether at any time. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of methy tertiary butyl ether or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of methyl tertiary butyl ether. Al other terms and conditions of this policy remain unchanged. U GL1390 A CW 0409 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 0183143 02 10012018 10012019 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action re garding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regula tory requirement direction or determination that any insured or others test for investigate monitor clean up re move study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV does not apply to COVERAGE C. MEDICAL PAYMENTS. CG 01091185 Copyright Insurance Services Office Inc. 1984 Page 10of 1 m | 2 |
Z ZURICH Deductible Endorsement Occurrence Policy No. Exp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Return Prem. I S N B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part It is agreed that the following deductible provisions are 2. The terms of this Coverage Part apply regardless of added to the policy as respects the Employee Benefit Li the application of the deductible amount. This in ability Coverage Part cludes those terms with respect to Deductible 1000 a. Qur ngvs ar d duties with respect to the de fense of suits and 1. The deductible amount stated above shall be de b. The insured s duties in the event of an act er ducted from the amount of all claims arising out of the same act error or omission. We shall be liable ror or omission or a claim or suit. only for the difference between such deductible 3. We may pay any part or all of the deductible amount and the amount of insurance otherwise ap amount to effect settlement of any claim or suit. plicable on a per act error or omission basis. The You shall promptly reimburse us for such part of Aggregate Limit will not be reduced by the appli the deductible amount as has been paid by us after cation of such deductible. we notify you of our action. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de fense of suits and duties in the event of an act er on or a claim or suit. b. The insure ror or omiss We may pay any part or all of the deductible amount to effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. U GL852 A CW 796 Pagel of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21080514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION COVERAGE B ONLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 2108 05 14 Insurance Services Office Inc. 2013 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Li ity 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 whomany 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 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21550999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge d speml seepage migration release or es cape of pollutants at any time. This exclusion does not apply tobodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was atany time used by or for any in sured or others for the handling storage disposal processing or treatment of waste or b At any premises site or location on which any insured or any contractors or subcon tractors working directly or indirectly on any insured s behalf are performing opera tions to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page Lof 1 CG 215509 99 Copyright Insurance Services Office Inc. 1998 | 2 |
POLICY NUMBER GLO 0183143 02 CY NUMBER GLO 0183143 02 COMMERCIAL GENERAL LIABILITY CG 2503 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS HOWEVER A GENERAL AGGREGATE DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 2503 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2503 05 09 o | 2 |
Z ZURICH Pollution Liability Exclusion Disclosure Notice This insurance policy does not apply to or provides very limited coverage as respects pollution liability. You should refer to the specific pollution liability policy exclusions or pollution liability exclusion endorsements of your policy for determination of specific terms and conditions as respects exclusion of any pollution liability exposures that you may have. The policy exclusions of the Commercial General Liability Coverage Part form CG 00 01 apply to pollution exposures in the coverage territory unless replaced or modified as indicated in the applicable endorsement by one or more of the following pollution exclusion endorsements. The pollution exclusion endorsements that are checked X apply to pollution exposures in the indicated areas of the coverage territory 1SO FORM CG 00 01 Total Pollution Exclusion Endorsement ISO Form All states in the coverage territory except CG2149 Total Pollution Exclusion Hostile Fire Exception 1SO Form CG 21 55 All states in the coverage territory except Only applicable in the following states Total Pollution Exclusion with a Building Heating All states in the coverage territory except Equipment Exception and a Hostile Fire Exception 1SO Form CG 21 65 Only applicable in the following states Other State Endorsements Indiana Changes Pollution Exclusion ISO Form CG0123 Missouri Changes Pollution Exclusion ISO Form CG 01 34 or Missouri Changes Gasoline Risks Pollution Ex clusion ISO Form CG 01 35 Indiana Missouri Missouri Vt. Changes Pollution ISO form CG 01 54 Vermont Other Applicable in the following states U GL1203 A CW 404 Page I 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 |
Z ZURICH COMMON POLICY DECLARATIONS Policy Number GLO 9835767 06 Renewal of Number GLO 9835767 05 Named Insured and Mailing Address Producer and Mailing Address COPAN DIAGNOSTICS INC. LOCKTON COMPANIES LLC 26055 JEFFERSON AVENUE 444 W 47TH ST STE 900 MURRIETA CA 92562 6983 KANSAS CITY MO 64112 1906 Producer Code 37385 000 Policy Period Coverage begins 01 01 2019 at1201 AM. Coverageends 01 01 2020 at 1201 AM. The name insured is E Individual O Partnership EI 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 toin 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 issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 23603.00 This premium does not include Taxes and Surcharges. Taxes and Surcharges TOTAL Forms and Endorsements made a part of this policy at time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THIS DECLARATION 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. e o ENERAL LIABILITY COVERAGE N PREMIUM 5 2 issued by ZURICH AMERICAN INSURANCE COMPANY U GU D365 A 0394 Page 1 of 1 | 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 fmpfon RV President Corporate Secretary 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 e President 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9835767 06 ZURICH AMERICAN INSURANCE COMPANY Named Insured COPAN DIAGNOSTICS INC. Policy Period Coverage begins 01 01 2019 at1201 AM. Coverage ends 01 01 2020 at 1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Business Description MEDICAL EQUIP MFG NONEXPEND Item 2. Limits of Insurance The Limits of Insurance stated below are the most available to pay damages medical expenses and allocated loss adjustment expenses covered by this policy. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. umITs GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT S 1000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT S 100000 Any one premises MEDICAL EXPENSE LIMIT S 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Form of Business and Location Premises CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 4. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 5. Premiums Coverage Part Premium 23370 Other Premium 233 Total Premium 23603 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9835767 06 ZURICH AMERICAN INSURANCE COMPANY Named Insured COPAN DIAGNOSTICS INC. Policy Period Coverage begins 01 01 2019 at1201 AM. Coverage ends 01 01 2020 at 1201 AM. MITS GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 EACH OCCURRENCE LIMIT S 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization U GLD1286 A CW 0906 Page 10f 1 | 2 |
Policy Number GLO 9835767 06 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured COPAN DIAGNOSTICS INC. Effective Date 01 01 19 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 COMMON GENERAL LIABILITY FORMS AND ENDORSEMENTS U GU D365 A 03 94 POLICY COMMON DECLARATIONS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GL D1286 A CW 09 06 COMMERCIAL GEN LIAB COVERAGE PART DEC U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GL1114 A CW 10 02 DESIGNATED SUBSTANCES EXCLUSION U GL1114 A CW 10 02 LARGE DEDUCTIBLE LIABILITY ENDORSEMENT U GL1287 B CW 04 13 COMMERCIAL GEN LIAB COVERAGE FORM U GL1063 A CW 12 01 FUNGUS EXCLUSION ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 F CW 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL1205 B CW 01 08 WELDING HEALTH HAZARD EXCLUSION U GL1342 A CW 10 07 LEAD LIABILITY EXCLUSION U GL1517 B CW 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL U GL441 B 12 01 AIRCRAFT PROD. GROUNDING TESTING EXCL U GL908 B 08 04 AIDS EXCLUSION U GL911 B 09 05 CLAIM SERIES ENDORSEMENT U GL914 B 08 04 ELECTROMAGNETIC RADIATION EXCL. ENDT U GL923 B 06 04 SILICA OR SILICA MIXED DUST EXCLUSION U GL925 B 12 01 WAIVER OF SUBROGATION BLANKET ENDT. U GU739 A 04 08 DEFENSE WITHIN LIMITS NOTICE 03 97 INDIANA CHANGES POLLUTION EXCLUSION 08 03 MISSOURI CHANGES POLLUTION EXCLUSION 04 13 VERMONT CHANGES POLLUTION 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO 04 13 EXCL DESIGNATED PROFESSIONAL SERVICES 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION 09 99 TOTAL POLLUTION EXCL ENDT 09 99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE 09 08 CALCULATION OF PREMIUM 11 98 COMMON POLICY CONDITIONS 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT 09 12 CA CHANGES CANCELLATION NONRENEWAL U GU298 B CW 04 94 CANCELLATION BY US U GU767 B CW 01 15 CAP ON LOSS FROM CERTIFIED ACTS OF TERR U GU630 D CW 01 15 DISCLOSURE OF INFO RELATING TO TRIA U GU1191 A CW 03 15 SANCTIONS EXCLUSION ENDORSEMENT U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 9835767 06 F FORMS AND ENDORSEMENTS ican Insurance Company Effective Date 01 01 1 1201 A.M. Standard Tin OMMUN GENERAL LIAPLLILY FURMS AND BNDURoOLMENLOS GU D365 A GU319 F GL D1286 A CW GU619 A CW GL1114 A CW GL1114 A CW GL1287 B CW GL1063 A CW GL1171ACW GL1175 F CW GL1178ACW GL1205 B CW GL1342 A CW GL1517 B CW GL441 B CW Crrraaaoaanag N LN OGBS STSSRIRIT IR GU298 B CW GU767 B CW GU630 D CW GU1191 A CW POLICY COMMON DECLARATIONS IMPORTANT NOTICE IN WITNESS CLAUSE COMMERCIAL GEN LIAB COVERAGE PART DEC SCHEDULE OF FORMS AND ENDORSEMENTS DESIGNATED SUBSTANCES EXCLUSION LARGE DEDUCTIBLE LIABILITY ENDORSEMENT COMMERCIAL GEN LIAB COVERAGE FORM FUNGUS EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION ADDL INSD AUTO OWNERS LESSEES CONTRACTR ASBESTOS EXCLUSION ENDORSEMENT WELDING HEALTH HAZARD EXCLUSION LEAD LIABILITY EXCLUSION RECORD OR DISTRB OF MATRL OR INFO EXCL ATRCRAFT PROD. GROUNDING TESTING EXCL AIDS EXCLUSION CLAIM SERIES ENDORSEMENT ELECTROMAGNETIC RADIATION EXCL. ENDT SILICA OR SILICA MIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. DEFENSE WITHIN LIMITS NOTICE INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGESPOLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT CA CHANGES CANCELLATION NONRENEWAL CANCELLATION BY US CAP ON LOSS FROM CERTIFIED ACTS OF TERR DISCLOSURE OF INFO RELATING TO TRIA SANCTIONS EXCLUSION ENDORSEMENT | 2 |
Z ZURICH ZURICH Exclusion Designated Substances and Ri Policy number GLO 9835767 06 Named Insured Effective date Copan Diagnostics Inc. 01012019 Agent name Agent number Lockton Companies LLC 37385000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the following COMMERCIAL GENERAL LIABILITY Exclusion Designated Substances and Risks It is agreed that such insurance as is afforded by this policy does not apply to and we have no duty with respect to any loss claim or suit for damages because of bodily injury or property damage arising out of or related in any way to Chlorohydrocarbons CHCs Chlorofluorocarbons CFCs Diacetyl sible spongiform encephalopathies TSE such as bovine spongiform vCID Transfer of pathogens c.g. prions in the area of transmi encephalopathy BSE or variant Creutzfeld Jakob dis Silicon based or other implants to the human body Tobacco and tobacco products Urea formaldehyde PCB Polychlorinated Biphenyl Genetically Modified Organisms GMOs including but not limited to Manufacturers of GMOs Companies required by law to register or obtain authorization for their handling of GMOs Animal feed manufacturers Seed growers Operators of mills Manufacturing andor selling firearms Latex Diethylstilbestrol DES Oxychinolines SMON Drugs affecting pregnancy contraceptives abortifacients RU486 etc. Human biological material e.g. blood plasma plasma proteins immunoglobins cells tissue organs urine or excretions etc. Vaccines and inoculations Fenfluramine dexfenfluramine and phentermine alone or in combination with other active substances which induce an increase in serotonin levels Thimerosal Merthiolat Natriumtimerfonat Mercury sodium methyl thiosalicilate Fluoxetine Phenylpropanolamin PPA Methylphenidat Troglitazone U GL1114 A CW 1104 Page 1 of 2 | 2 |
Statine and fibrates Oxycodone Oxycontin Dietary supplements or products for physical performance enhancement containing Ephedra respectively Ephedrine Pseudoephedrine Amiodarone Askarel Bromocriptine Butorphanol Cisapride Dioxins and Furans IsoTretinoin Paroxetine Piper Methysticum Pyralene Terfenadine Thalidomide COX2 Inhibitors Hormone Replacement Therapy Drugs or Products Development Manufacturing Sale andor Distribution of Pharmaceutical products active ingredients additives fillers or medical implants Clinical Trials any product that is undergoing or subject to clinical trials S.ARS. Chrome Copper Arsenate Countersigned Authorized Representative U GL1114 A CW 1104 Page 2 of 2 | 2 |
Z ZURICH Large Deductible When Allocated Loss Adjustment 2 Expenses are Included in Limits of Insurance Policy No. Eff. Date of Eff. Date of Pol. End. GLO983576706 01012019 01012019 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Employee Benefits Liability Coverage Part Liquor Liability Coverage Part Stop Gap Employers Liability Coverage Part DEDUCTIBLE SCHEDULE Coverage Deductible Amount Basis Coverage A. Bodily Injury and Property Damage Liability Premises Only All persons or organizations 2841 Each Occurrence Bodily Injury and Property Damage Liability Only Product Only All persons or organizations 56820 Each Occurrence Property Damage Liability Only All persons or organizations Each Occurrence Coverage A. Bodily Injury and Property Damage Liability Each Claim Bodily Injury Liability Only Each Claim Property Damage Liability Only Each Claim Coverage B. Personal and Advertising Injury Liability By offense Any one person or organization Each Claim Coverage C. Medical Payments Any One Person Additional Employee Benefits Liability Coverage Each Act Error or Omission Additional Liquor Liability Coverage Each Common Cause Additional Stop Gap Employers Liability Each Accident Coverage Stop Gap Employers Liability discase Each Employee Aggregate Deductible Amount Adjustable at a rate of per. of. Flat Initial Exposure Minimum Aggregate Deductible Amount Copan Diagnostisc Inc UGL1114 Large Deductible Liability Endorsement 2019.doc U GL1326 ACW62007 Page 10f 5 | 2 |
ALLOCATED LOSS ADJUSTMENT EXPENSE SELECTION SCHEDULE Select One Option 1 X As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will contribute toward your Deductible Amount and your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 2 As respects each Deductible Amount you will reimburse us for allocated loss adjustment expense as follows a If the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount is equal to or less than the Deductible Amounts or if there is no amount payable other than allocated loss adjustment expense then you will reimburse us for all allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule or b If the total amount payable for other than allocated loss adjustment expense exceeds the Deductible Amount you will reimburse us a pro rata share of total allocated loss adjustment expense based on the ratio of the Deductible Amount divided by the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 3 As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. If no option is selected Option 3 will apply. A. How the Deductible Amount Applies You will reimburse us for the Deductible Amounts shown in the Deductible Schedule and for allocated loss adjustment expenses incurred based on the Allocated Loss Adjustment Expense Selection Schedule. The Deductible Amounts applies as follows 1. If an Each Occurrence Deductible is shown the Deductible Amount applies to all sums payable because of any one Occurrence regardless of the number of persons or organizations who sustain damages because of that Occurrence. 2. If an Each Claim Deductible is shown the Deductible Amount applies to all sums payable for each claim sustained by any one person or organization. a. For Other than Coverage B to all sums payable for each claim sustained by any one person or organization and b. For Coverage B to all damages sustained by any one person or organization s the result of an offense. 3. Medical Payments If an Any One Person limit is shown the Deductible Amount applies to all sums payable to any one person as a result of an accident sustained by that person. 4. Employee Benefits Liability If an Each Act Error or Omission Deductible is shown the Deductible Amount applies to all sums payable for all damages sustained by any one Employee including the Employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of employee benefit programs. Copan Diagnostisc Inc UGL1114 Large Deductible Liability Endorsement 2019.doc Page20f 5 | 2 |
5. Liquor Liability If a Common Cause Deductible is shown the Deductible Amount applies to all sums payable for all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to any one person. 6. Stop Gap Employers Liability If an Each Accident Deductible is shown the Deductible Amount applies to all sums payable as the result of an accident regardless of the number of people who sustain damages because of that accident. 7. Stop Gap Employers Liability discase If an Each Employee Deductible is shown the Deductible Amount applies to all sums payable because of any one discase and applies separately to cach affected Employee. B.Large Deductible Provisions 1. If more than one Deductible Amount applies to sums payable arising from the same incident because more than one Coverage applies you will be responsible for each and every applicable Deductible Amount. 2. Deductible Amounts 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. 3. Your obligation to pay the Deductible Amounts shown on this policy is not fulfilled by a. The payment of a Deductible Amount under any other policy or b. Any payment made by us or another insurance company even if 3.a. or 3.b. above applies to the same incident as the Deductible Amount due under this policy. 4. If more than one policy issued by us applies to sums payable because of a single continuous incident the Deductible Amounts applies separately to each policy that we issue to which this endorsement or a similar Large Deductible Endorsement applies. Deductible Amounts also apply separately to each annual period and any remaining period of less than 12 months as described in B.2. above. 5. Ifa Coverage Part or Additional Coverage of this policy specifically applies a separate deductibles a. the separate additional deductible amount applies to any loss separately and before the Deductible Amounts shown on the Schedule of this endorsement and b. the Deductible Amounts shown on the Schedule of this endorsement applies only if the loss exceeds the separate additional deductible amount described in 5.a. above subject to the other terms and conditions of this endorsement. C. Aggregate Deductible Amount 1. The Aggregate Deductible Amount shown in the Deductible Schedule is the most you must reimburse us for the sum of a. all applicable Deductible Amounts as shown in the Deductible Schedule and b. all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above. This single Aggregate Deductible Amount applies to the entire policy period and to any remaining extension period. 2. Ifan Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as adjustable the final Aggregate Deductible Amount will be determined at the end of the policy period by an audit of your records and will be based upon the Rate shown in the Deductible Schedule multiplied by the final audited Exposure. The amount shown in the Deductible Schedule as the Aggregate Deductible Amount is an estimated amount and is based on an estimate of what the audit of your records will develop. Copan Diagnostisc Inc UGL1114 Large Deductible Liability Endorsement 2019.doc Page 30f 5 | 2 |
D. In no event will the final audited Aggregate Deductible Amount be less than the Aggregate Deductible Amount shown in the Deductible Schedule unless a Minimum Aggregate Deductible Amount is shown in the Deductible Schedule. If a Minimum Aggregate Deductible Amount is shown the final audited Aggregate Deductible Amount will not be less than the Minimum Aggregate Deductible Amount. If an Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as Flat the Aggregate Deductible Amount will not be adjusted. In no event will the Flat Aggregate Deductible Amount be less than or more than the Aggregate Deductible Amount shown in the Deductible Schedule. If no Aggregate Deductible Amount is stated in the Deductible Schedule then your obligation to reimburse us for the sum of all applicable Deductible Amounts as shown in the Deductible Schedule and all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above is unlimited. Allocated Loss Adjustment Expense Reimbursement In accordance with the Allocated Loss Adjustment Expense Selection Schedule 1. If Option 1 is selected allocated loss adjustment expense reimbursements made by you contribute to your Deductible Amount and Aggregate Deductible Amount. If Option 2 or Option 3 is selected then you will reimburse us for all or pro rata allocated loss adjustment expense as may apply in accordance with the Allocated Loss Adjustment Expense Selection Schedule above even if the Deductible Amount or the Aggregate Deductible Amount if applicable is exceeded. E.Application of the Deductible Amount to Payable Amounts 1. 2. You will reimburse us for allocated loss adjustment expense according to the option selected in the Allocated Loss Adjustment Expense Selection Schedule. Upon settlement or final adjudication of a claim we will apply the Deductible Amount against payable amounts as follows a. Sums other than those attributable to allocated loss adjustment expense then b. Allocated loss adjustment expense already reimbursed by you then c. Allocated loss adjustment expense yet to be reimbursed by you if applicable. F. Effect of Deductible Amount on Limits of Insurance G. The applicable limits of insurance for the coverage part to which a Deductible Amount applies will be reduced by the Deductible Amount and allocated loss adjustment expense. Conditions 1. Voluntary Payments If you voluntarily make any payment assume any obligation or incur any expense without our consent then you do so at your own cost. Any such voluntary payment assumed obligation or incurred expense does not contribute towards any applicable Deductible Amounts or Aggregate Deductible Amount under this policy. Application of Recovered Amounts We have your rights and the rights of persons entitled to the benefits of this ins under this endorsement and any Deductible Amount from anyone liable for the i necessary to protect those rights for us and to help us enforce them. rance to recover sums that are reimbursable ury or damages. You will do everything Copan Diagnostisc Inc UGL1114 Large Deductible Liability Endorsement 2019.doc Page 4 0f 5 | 2 |
If we recover any payment made under this policy from anyone liable for injury or damages the recovered amount will first be applied to any payments made by us in excess of the Deductible Amount. The remainder of the recovery if any will then be applied to reduce the Deductible Amount reimbursed or reimbursable by you as respects that injury or damages. Payment of Amounts Owed Under This Endorsement a. We may pay any part or all of any Deductible Amounts or allocated loss adjustment expense to effect settlement of any claim and upon notification of the action taken you will reimburse us for such part of any Deductible Amounts or allocated loss adjustment expense as shown on the billing from us. You must pay us for all amounts for which you are responsible under this endorsement and reimburse us for any such amounts that we pay by the due date shown on the billing from us. b If you fail to reimburse us for any amounts as required by this endorsement or policy we may cancel this policy for nonpayment in accordance with the applicable law. Cancellation of this policy does not relieve you from any deductible obligations reimbursable by you. c. The first Named Insured shown in the Declarations is authorized to and will reimburse us for all amounts paid by us on behalf of all insureds. d. Each Named Insured is jointly and severally liable for all reimbursements due to us under this endorsement whether or not that Named Insured is involved in the claim proceeding or suit causing any such amount to be due to us. H. Definitions 1. Allocated loss adjustment expense is an expense directly allocable to a specific claim including but not limited to all supplementary payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for or incurred in connection with all attorneys witnesses experts depositions reported or recorded statements summo service of process legal transcripts or testimony copies of any public records alternative dispute resolution proceeding interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation claims and proceedings and any other fees costs or expenses reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. Incident for purposes of this endorsement only means an occurrence offense claim accident act error or omission common cause disease or any other event as defined or used in our policy to which a Deductible Amounts applies. L. Other Terms The terms of this insurance apply irrespective of the application of any Deductible Amounts including those with respect to and Our right and duty to investigate or defend the insured against any suits seeking those damages b. Your duties in the event of a claim or circumstances likely to result in a claim. You understand that your duties under this endorsement may continue after this policy expires or is cancelled. Copan Diagnostisc Inc UGL1114 Large Deductible Liability Endorsement 2019.doc Page50f 5 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Limits of Insurance shown in the Declarations is the most available to pay any combination of damages medical expenses and allocated loss adjustment expenses covered by this policy. Various other provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages and allocated loss adjustment expenses is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of a Judgments or settlements under Coverages A or B b Medical expenses under Coverage C or c Allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered. 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 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 17 | 0 |
e. 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 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. Page 2 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b 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 c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or 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 i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 17 | 1 |
However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. 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 f.3 of the definition of mobile equipment. 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. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 4 Personal property in the care custody or control of the insured Page 4 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lll Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 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. k. Damage To Your Product Property damage to your product arising out of it or any part of it. I. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p 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. 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 U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 17 Page 5 of 17 | 1 |
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. 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 lll Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement b. 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 and allocated loss adjustment expenses 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 a Judgments or settlements under coverages A or B b Medical expenses under Coverage C or c Allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Page 6 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 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. I. 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. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. 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 U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 17 | 1 |
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. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend All expenses we incur. Page 8 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 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 in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. 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 reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage but will reduce the limits of insurance as allocated loss adjustment expenses. 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 settlements or allocated loss adjustment expenses 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 17 Page 9 of 17 | 1 |
b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Page 10 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
SECTION Il LIMITS OF INSURANCE 1. 7. 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. 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 c. Damages under Coverage B and d. Allocated loss adjustment expenses arising from a. b. or. above. 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 and allocated loss adjustment expenses arising from claims or suits for damages under coverage A because of bodily injury or property damage included in the products completed operations hazard. Subject to Paragaph 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 and allocated loss adjustment expenses arising from claims or suits for damages under Coverage B. 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 b. Allocated loss adjustment expenses arising from damages under Coverage A and c. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner and related allocated loss adjustment expenses. 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. 2. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If aclaim 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 17 | 1 |
c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Page 12 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
10. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 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. 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. 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. Duties Claim Settlement and Allocated Loss Adjustment Expenses As soon as our right and duty to defend the insured against any suit seeking damages end you will promptly assume control of the settlement of claims and defense of suits. A list of outstanding claims and suits will be made available to the First Named Insured upon request. 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. Allocated loss adjustment expense is an expense directly allocable to a specific claim and includes but is not limited to all Supplementary Payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for all attorneys witnesses experts depositions reported or recorded statements summonses service of process legal transcripts or testimony copies of any public records alternative dispute resolution interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation and any other fees costs or expenses U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 17 | 1 |
10. reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. Allother parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of Page 14 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
11. 12. 13. 14. 15. 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. 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 is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 17 Page 15 of 17 | 1 |
16. 17. 18. 19. 20. 21. b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 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. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means 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. Page 16 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
22. Your product 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. 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. Does not include vending machines or other property rented to or located for the use of others but not sold. 23. Your work 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. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 17 | 1 |
Fungus Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part This insurance does not apply to bodily injury property damage or personal and advertising injury caused directly or in directly in whole or in part by 1. Anyfungusi or spores or 2. Any substance vapor or gas produced by or arising out of any fungusi or spores or 3. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that injury or damage. For purposes of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi. U GL1063 A CW 1201 Pagel of 1 of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good o edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH w Additional Insured Automatic Owners Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End. Producer Addl. Prem Return Prem. GLO9835767 06 01012019 01012020 01012019 37385000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Copan Diagnostics Inc Address including ZIP Code 26055 Jefferson Avenue Murrieta CA 92562 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section IT Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your or om 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The additional insured must see to it that We are notified as soon as practicable of an occurrence or offense that may result in a claim We receive written notice of a claim or suit s soon as practicable and A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1 E. This ends The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions Thi insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. sement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section III Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Ins whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9835767 06 01012019 01012020 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Welding Health Hazard Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9835767 06 01012019 01012020 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage Form Coverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. ighted material of Insurance Servi Office Inc. withits permission. U GL1205 B CW 108 Page I of 1 | 2 |
Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9835767 06 01012019 01012020 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liabi This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or substance containing lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1 | 2 |
Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol ET. Date of End. Producer No. AddL. Prem Return Prem GLO 9835767 06 01012019 01012020 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 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Aircraft Products Grounding and Testing Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9835767 06 01012019 01012020 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. Named Insured Address including Zip Code This endorsement modifi insurance provided under the Commercial General Liability Coverage Part Products and Completed Operations Coverage Part This policy does not apply to any bodily injury or property damage arising out of Aircraft Products Grounding or Testing. Aircraft Products means 1 2. 4. aircraft missiles or spacecraft or any other goods or products produced or furnished by the insured for the manufacture repair operation maintenance use or entrustment to others of aircraft missiles or spacecraft including but not limited to the following items A goods or products installed in used in connection with or used as spare parts in aircraft missiles or spacecraft or B ground support and control equipment or C ground handling tools and equipment any training aids instructions manuals blueprints engineering data or engineering advice relating to the items described in 1 and 2 above or any services or labor provided by the insured or by others trading under the insured s name relating to 1.. 2. or 3. above.. PLEASE READ IT CAREFULLY. Grounding means 1. the withdrawal of any aircraft products from flight operations or 2. the imposing of speed passenger or load restrictions on such aircraft products due to the existence of or the alleged or suspected existence of any defect fault or condition in any aircraft products whether the aircraft products withdrawn are owned or o perated by the same or different persons firms or corporations. A grounding begins whichever first occurs 1 on the date that any accident or occurrence results in disclosure of a known or suspected defect fault or condition or 2 on the date the aircraft products are first withdrawn from service due to a known or suspected defect fault or condition Testing means examination observation evaluation or measuring of the performance of aircraft products either while in the air or on the ground. cans iles or spacecraft or ds or products produced or furnished by for the manufacture repair operation use or entrustment to others of aircraft acecraft including but not limited to the ms or products installed in used in on with or used as spare parts in missiles or spacecraft or upport and control equipment or andling tools and equipment aids instructions manuals blueprints lata or engineering advice relating to the adin 1 oand 1. 1n 2. th ol th ol wheth operat corpor A gr 2 which Countersigned Authorized Representative U GL441 B CW 1201 Page I of 1 | 2 |
AIDS Exclusion THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability This insurance shall not apply to AIDS Bodily injury or property damage arising out of any actual alleged latent or threatened infection communication contagion or development of or contamination by AIDS. The following exclusion is added to 2. Exclusions of Section L Coverage B Personal and Advertising Injury Liability This insurance shall not apply to AIDS Personal and advertising injury arising out of any actual alleged latent or threatened infection communication conta gion or development of or contamination by AIDS. For purposes of this exclusion the following additional definition applies AIDS means any one or more of the following A. Human T cell Leukemia Virus HTLV B. Human Immunodeficiency Virus HIV C. Acquired Immune Deficiency Syndrome AIDS D. AIDS related complex ARC or any disease or condition arising out of or associated with any of these. U GL908 BCW 804 Page Lof | 2 |
Z ZURICH Claim S eries Endorsement te of Pol Produc Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Section L. Coverage A Bodily Injury and Property Damage is amended to include the following All occurrences which result in a series of claims or suits that the insured becomes legally obligated to pay as dam ages because of bodily injury or property damage due to a common cause or condition of your products or your work shall be deemed to be just one occurrence regardless of the total number of a. insureds b. claims made or s c. persons or organizations making claims or bringing suits or d. potential occurrences that might otherwise have applied in the absence of this endorsement. The following additional Definition is added Common Cause or Condition means the same or similar design error omission or defect manufacturing defect or fail ure by the insured to warn of a potential hazard in or of your products or your work. U GL911 B CW 905 Page Lof | 2 |
Electromagnetic Radiation Exclusion THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liabil ity This insurance shall not apply to Electromagnetic Radiation Any liability for bodily injury or property damage based upon or arising out of electromagnetic fields electromag netic radiation or electromagnetism. The following exclusion is added to 2. Exclusions of Section L Coverage B Personal and Advertising Injury Liability This insurance shall not apply to Electromagnetic Radiation Any liability for personal and advertising injury based upon or arising out of electromagnetic fields electromagnetic radiation or electromagnetism. For purposes of this exclusion the following definitions apply a. Electromagnetic fields means any field or force made up of associated electric and magnetic components b. Electromagnetic radiation means any succession of electromagnetic waves. Electromagnetism means magnetism developed by a current of electricity. U GL914 B CW 804 Page lof | 2 |
Silica or Silica Mixed Dust Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9835767 06 01012019 01012020 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or L costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica o silica flour. U GL923 B CW 604 Page 1 of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Waiver Of Subrogation Blanket Endorsement Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. GLO09835767 06 01012019 01012020 01012019 37385000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement which is executed before a loss to waive your rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U GL925 B CW 1201 Page 1 of | 2 |
DEFENSE WITHIN LIMITS NOTICE UNLIKE MOST LIABILITY INSURANCE POLICIES IN WHICH PAYMENT OF DEFENSE COSTS DOES NOT REDUCE THE POLICY LIMITS THIS POLICY CONTAINS A DEFENSE WITHIN THE LIMITS PROVISION. THE PROVISION INCLUDES THE INSURER S COSTS FOR PROVIDING LEGAL DEFENSE AGAINST A CLAIM ALONG WITH ANY CLAIM SETTLEMENT AMOUNT WITHIN THE STATED POLICY LIMITS. WE HAVE THE RIGHT AND DUTY TO DEFEND THE INSURED AGAINST ANY SUIT SEEKING DAMAGES FOR BODILY INJURY OR PROPERTY DAMAGE TO WHICH THIS INSURANCE APPLIES. HOWEVER ONCE THE POLICY LIMIT IS REACHED THE INSURER S RESPONSIBILITY TOPAY ANY FURTHER AMOUNTS FOR DEFENSE COSTS OR FOR ANY DAMAGES THAT MAY BE AWARDED ENDS EXCEPT THAT THE INSURER WILL PAY DAMAGES FOR STATUTORILY REQUIRED LIABILITY INSURANCE TO THE LIMIT REQUIRED BY LAW. By signing this form you acknowledge and accept these provisions of this policy on your own behalf and on behalf of all Named Insureds and Insureds. Acknowledged By Authorized Representative Title Date U GU739 A CA 0408 Page L of | 2 |
COMMERCIAL GENERAL LIABILITY CG 01230397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph. Pollution of Paragraph 2. Exclusions of Bodily Injury And Property Damage Liability Coverage Section I Coverages and to Paragraph 2. Exclusions of Personal And Advertising Injury Liability Coverage Section I Coverages or to any amendment to or replacement thereof This Pollution Exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Page 1of 1 CG 012303 97 Copyright Insurance Services Office Inc. 1996 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01 34 08 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability Coverage and to Subparagraph m. Pollution of Paragraph 2. Exclu sions under Section Coverage B Personal And Advertising Injury Liability or to any amendment to or re placement thereof This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. CG 013408 03 ISO Properties Inc. 2003 Page 10f 1 m | 2 |
POLICY NUMBER GLO 9835767 06 POLICY NUMBER GLO 9835767 06 COMMERCIAL GENERAL LIABILITY CG01540413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION SCHEDULE Pollution Liability Aggregate Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. CG01540413 A. The following is added to Section 1 Coverages Coverage D Pollution Bodily Injury And Property Damage 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 included within the pollution liability hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the Pollution Liability Aggregate Limit in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A B and D. 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 3 A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph c. below during the policy period.. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make a settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for damages because of property damage causing loss to the same person or organizaton as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for injury or damage arising out of a discharge release or escape of pollutants including all injury or damage arising out of all subsequent exposure of persons and property to such pollutants shall be deemed to have been made at the time the first of those claims is made against any insured. Insurance Services Office Inc. 2012 Page 1of 4 Page 1of 4 | 2 |
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