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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 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 or 2 That the insured would have in the absence of the contract or agreement. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. 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 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 14 e. 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 to claims against any insured that allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which resulted in 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 definiton of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. Page 2 of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
f. 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 or 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. 3. 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 or 4 Personal property in the care custody or control of the insured. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a sidetrack agreement. Products Completed Operations Hazard Bodily injury or property damage included within the products completed operations hazard. j Statutory Or Regulatory Clean up Costs 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 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. k. Bodily Injury Or Property Damage Bodily injury or property damage which are covered under Coverage A Bodily Injury And Property Damage Liability. B. Supplementary Payments Coverages A And B is replaced by the following Supplementary Payments Coverages A B And D We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. All expenses we incur. 2. 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. 3. 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. 4. 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. 2 CG 01540413 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
5. 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. 6. 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. 7. 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.. The following is added to Section Ill Limits Of Insurance The Pollution Liability Aggregate Limit is the most we will pay under Coverage D for all damages because of injury and damage for which claim is first made during the policy period. D. Paragraph 4. Other Insurance of Section IV Conditions is amended as follows Al references to Coverage A or B are amended to read Coverage A B or D. E. The following additional definition applies Pollution liability hazard means all bodily injury and property damage arising out of the discharge release or escape of pollutants at or from a. Premises you own rent or occupy or b. Any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations. Page 4 of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER GLO 9835767 06 POLICY NUMBER GLO 9835767 06 COMMERCIAL GENERAL LIABILITY CG211604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ALL PROFESSIONAL SERVICES With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. Information required to complete this Schedule if not shown above will be shown in the Declarations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Page 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 Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at 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 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorse ment modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. 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 dispersal seepage migration release or es cape of pollutants 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 b Claim or suit by or on behalf of a govern mental authority for damages because of leslmg for monitoring cleaning up remov ing containing treating detoxifying or neutralizing or in any way responding to ing the effects of pollutants. Page 1of 1 CG 214909 99 Copyright. Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21550999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorse ment modifies surance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. 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 dispersal 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 ahostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was at any 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 a 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 1of 1 CG 215509 99 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10f 1 m | 2 |
IL 0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelof1 O IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any 2 agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 0f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL 027009 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation 3. All Policies In Effect For More Than 60 Days figmn Policy Condition are replaced by the a. If this policy has been in effect for more 9 than 60 days or is a renewal of a policy we 2. All Policies In Effect For 60 Days Or Less issued we may cancel this policy only upon If this policy has been in effect for 60 days or the occurrence after the effective de of less and is not a renewal of a policy we have the policy of one or more of the following previously issued we may cancel this policy by 1 Nonpayment of premium including mailing or delivering to the first Named Insured payment due on a prior policy we issued at the mailing address shown in the policy and and due during the current policy term to the producer of record advance written covering the same risks. notice of cancellation stating the reason for 2 Discovery of fraud or material cancellation at least misrepresentation by a. 10 days before the effective date of Any insured or his or her cancellation if we cancel for representative in obtaining this 1 Nonpayment of premium or insurance or 2 Discovery of fraud by b You or vyour representative in a Any insured or his or her pursuing a claim under this policy. representative in obtaining this 3 A judgment by a court or an insurance or administrative tribunal that you have b You or your representative in violated a California or Federal law having as one of its necessary elements pursuing a claim under this policy... an act which materially increases any of b. 30 days before the effective date of the risks insured against. cancellation if we cancel for any other reason. IL 027009 12 Insurance Services Office Inc. 2012 Page 1of 4 | 2 |
4 Discovery of willful or grossly negligent acts or omissions or of any violations of state laws or regulations establishing safety standards by you or your representative which materially increase any of the risks insured against. Failure by you or your representative to implement reasonable loss control requirements agreed to by you as a condition of policy issuance or which were conditions precedent to our use of a particular rate or rating plan if that failure materially increases any of the risks insured against. 6 A determination by the Commissioner of Insurance that the a Loss of or changes in our reinsurance covering all or part of the risk would threaten our financial integrity or solvency or b Continuation of the policy coverage would i Place us in violation of California law or the laws of the state where we are domiciled or ii Threaten our solvency. 7 A change by you or your representative in the activities or property of the commercial or industrial enterprise which results in a materially added increased or changed risk unless the added increased or changed risk is included in the policy.. We will mail or deliver advance written notice of cancellation stating the reason for cancellation to the first Named Insured at the mailing address shown in the policy and to the producer of record at least 1 10 days before the effective date of 5 cancellation if we cancel for nonpayment of premium or discovery of fraud or 2 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units and to coverage on tenants household personal property in a residential unit if such coverage is written under one of the following Commercial Property Coverage Part Farm Coverage Part Farm Property Farm Dwellings Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less and is not a renewal of coverage we previously issued we may cancel this coverage for any reason except as provided in b.and c. below. b. We may not cancel this policy solely because the first Named Insured has 1 Accepted an offer of earthquake coverage or 2 Cancelled or did not renew a policy issued by the California Earthquake Authority CEA that included an earthquake policy premium surcharge. However we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction c. applies only if coverage is subject to one of the following which exclude loss or damage caused by or resulting from corrosive soil conditions 1 Commercial Property Coverage Part Causes Of Loss Special Form or 2 Farm Coverage Part Causes Of Loss Form Farm Property Paragraph D. Covered Causes Of Loss Special. Page 2 of 4 Insurance Services Office Inc. 2012 IL 027009 12 | 2 |
C. The following is added and supersedes any provisions to the contrary Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below if we elect not to renew this policy we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record at least 60 days but not more than 120 days before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured and to the producer of record at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units and to coverage on tenants household property contained in a residential unit if such coverage is written under one of the following Commercial Property Coverage Part Farm Coverage Part Farm Property Farm Dwellings Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason except as provided in b. c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage if one or more of the following reasons applies 1 The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law 2 The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes but is not limited to a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25 for payment of those claims or 3 We have a Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or b Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies and the Commissioner has approved a plan for the nonrenewals that is fair and equitable and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy issued by the California Earthquake Authority that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction d. applies only if coverage is subject to one of the following which exclude loss or damage caused by or resulting from corrosive soil conditions 1 Commercial Property Coverage Part Causes Of Loss Special Form or 2 Farm Coverage Part Causes Of Loss Form Farm Property Paragraph D. Covered Causes Of Loss Special. 3. We are not required to send notice of nonrenewal in the following situations a. If the transfer or renewal of a policy without any changes in terms conditions or rates is between us and a member of our insurance group. IL 027009 12 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
b. If the policy has been extended for 90 days or less provided that notice has been given in accordance with Paragraph C.1.. If you have obtained replacement coverage or if the first Named Insured has agreed in writing within 60 days of the termination of the policy to obtain that coverage.. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period.. If we have made a written offer to the first Named Insured in accordance with the timeframes shown in Paragraph C.1. to renew the policy under changed terms or conditions or at an increased premium rate when the increase exceeds 25. Page 4 of 4 Insurance Services Office Inc. 2012 IL 027009 12 | 2 |
Z ZURICH Policyholder Notice General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is a conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. Under Coverage B Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. U GL2110 A CW 0115 Page 10f 2 | 2 |
CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of any access to or disclosure of any person s or organization s confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. U GL2110 A CW 0115 Page 2 of 2 | 2 |
COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided by the following BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorse ment. For any statutorily permitted reason other than nonpayment of pre mium the number of days required for notice of cancellation as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. U GU298 B CW 494 Page 1 of | 2 |
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 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 XJ apply to pollu tion exposures in the indicated areas of the coverage territory X Total Pollution Exclusion Endorsement ISO Form All states in the coverage territory except CG2149 HLIL ME MN VT TX XITotal Pollution Exclusion Hostile Fire Exception All states in the coverage territory except 1SO Form CG 21 55 XI Only applicable in the following states IL MN VT. Total Pollution Exclusion with a Building Heating All states in the coverage territory except Equipment Exception and a Hostile Fire Exception SO Form CG 21 65 Only applicable in the following states XITotal Pollution Exclusion Hostile Fire Exception ISO Form CG 21 55 Total Pollution Exclusion with a Building Heating Equipment Exception and a Hostile Fire Exception 1SO Form CG 21 65 Other State Endorsements X Indiana Changes Pollution Exclusion ISO Form Indiana CG 0123 X Missouri Changes Pollution Exclusion ISO Form X Missouri CG 01 34 or Missouri Changes Gasoline Risks Pollution Exclusion Missouri ISO Form CG 01 35 X Vt. Changes Pollution ISO form CG 01 54 Vermont Other Applicable in the following states Assuming risk does not qualify as a large risk according to Texas law Indiana Missouri U GL1203 A CW 404 Page I of 1 | 2 |
2 ZURICH Mo ENE e K R CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Policy Number Effective Endorsement Date Number COPAN DIAGNOSTICS INC. GLO 9835767 06 01012019 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with ts permission. U GU767 8 CW 0115 Page 1 of 1 | 2 |
Z ZURICH Insured Name Copan Diagnostics Inc. Policy Number GL09835767 06 Effective Date 01012019 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 223.00 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 January1 2018 December 31 2018 federal share 82 Januaryl 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 Disclosure of 100 Billion Cap on All Insurer and Federal Obligations attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such I hat exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. If aggregate insured los Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terroris 2. To be a violent act or an act that is dangerous to human life property or infrastructure crAPUtalIe 2 IeR A e AT AR IR diia A Rt e it AL e AL AL I AR BT L AR U GU630 D CW 0115 Page 1 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW 0115 Page 20f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1 | 2 |
nan nan nan nan 113.0 20113 RENEWAL AMCO INSURANCE COMPANY 20113 1100 LOCUST ST DEPT 1100 RENEWAL DES MOINES IA 50391 2000 1 515 280 4211 COMMERCIAL GENERAL LIABILITY DECLARATIONS Policy Number ACP GLAO 3028548677 Named Insured NUSSBECK PROPERTIES LLC NUSSBECK PROPERTIES 1 INC Address 4141 NE LAKEWOOD WAY LEE S SUMMIT MO 64064 1704 Agent LOCKTON COMPANIES LLC 15 20113 713 Address KANSAS CITY MO 64112 PRODUCER JOHN S LOCKTON Policy Period From 010118 to 010119 1201 A.M. standard time at the address of the named insured as stated herein. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT other than roducls cumleled operations PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT any one premises MEDICAL EXPENSE LIMIT any one person Arnnnen Retroactive Date CG0002 only The Named Insured is LIMITED LIABILITY CO Business of the Named Insured is OFFICE Audit Period ENDORSEMENTS ATTACHED TO THIS POLICY SEE COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS SCHEDULE TOTAL ADVANCE PREMIUM nan nan nan nan 840.0 Replacement or Renewal Number ACP GLA0O3027140646 A PACKAGE MODIFICATION FACTOR HAS BEEN APPLIED Countersigned By Authorized Representative GL D 10 98 IRECT BILL L7BK 17362 INSURED COPY ACP GLAOD 3028548677 928043783 43 0006810 GL D 10 98 DIRECT BILL L7BK 17362 INSURED COPY | 2 |
AMCO INSURANCE COMPANY IN WITNESS WHEREOF the Company has caused this policy to be signed by its president and secretary and countersigned on the declarations page by a duly authorized representative of the company. ot e 7o WMMML SECRETARY PRESIDENT SP 00020916 ACP GLAO 3028548677 Page 1 of 1 43 0006811 INSURED COPY nan nan nan nan 928943783.0 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES 1A 50391 2000 1 515 280 4211 COMMERCIAL GENERAL LIABILITY SCHEDULE Policy Number ACP GLAO 3028548677 Item No. Location and Description of Hazards Code Premium No. Basis Rates Advance Premium OTHER PRICO OTHER PRICO 001A MO503 BUILDINGS OR PREMISES BANK OR OFFICE MERCANTILE OR MANUFACTURING MAINTAINED BY THE INSURED LESSOR S RISK ONLC PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT OTHER THAN NOT FOR PROFIT 4141 NE LAKEWOOD WAY LEE S SUMMIT MO640641704 61217 AREA 13328 002A MO503 BUILDINGS OR PREMISES BANK OR OFFICE MERCANTILE OR MANUFACTURING MAINTAINED BY THE INSURED LESSOR S RISK ONLY PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT OTHER THAN NOT FOR PROFIT 610 NW DUNLAP ST LEE S SUMMIT MO640631915 001C MO503 COMMERCIAL GENERAL LIABILITY ENHANCEMENT INCLUDING MEDICAL PAYMENTS CG7212 61217 AREA 4020 77429 FLAT CHARGE PER THOUSAND SQ. FT. 945 33. 453 PER THOUSAND SQ. FT. 5 33.94 137 250 4020 PER THOUSAND SQ. FT. 3.945 137 FLAT CHARGE 250 Total Advance Other and PR CO 840 TOTAL ADVANCE PREMIUM 840 NOTE For classes based on payroll each Executive Officer Sole Proprietor or Partner may be subject to a fixed amount. GL DS 12 93 DIRECT BILL L7BK 17362 INSURED COPY ACP GLAO 3028548677 928943783 43 00068 INSURED COPY ACP GLAO 3028548677 928943783 43 0006812 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES 1A 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE OF INSUREDS POLICY Number ACP GLAO3028548677 POLICY Named insured NUSSBECK PROPERTIES LLC Period From 01 01 18 To 01 01 19 Insured Names 001 NUSSBECK PROPERTIES LLC AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES 1A 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE OF INSUREDS POLICY Number ACP GLAO3028548677 POLICY Named insured NUSSBECK PROPERTIES LLC Period From 01 01 18 To 01 01 19 Insured Names 001 NUSSBECK PROPERTIES LLC 002 NUSSBECK PROPERTIES 1 INC GL DI 06 90 DIRECT BILL L7BK 17362 INSURED COPY ACP GLAO 3028548677 928943783 43 0006813 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 11 DES MOINES 1A 50391 2000 1 515 280 4211 AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 11 DES MOINES 1A 50391 2000 1 515 280 4211 COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS Number ACP GLAO 3028548677 Period From 010118 To 010119 Number ACP GLAO 3028548677 Named Insured NUSSBECK PROPERTIES LLC Form Date Title CG0001 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG2106 0514 EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION CG2144 0798 LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT CG2147 1207 EMPLOYMENT RELATED PRACTICES EXCLUSION CG2167 1204 FUNGI OR BACTERIA EXCLUSION CG2170 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG2625 0405 MISSOURI CHANGE GUARANTY ASSOCIATION CG2650 0413 MISSOURI CHANGES MEDICAL PAYMENTS CG7023 1096 EXCL ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON CG7033 0393 TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US CG7212 1216 COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT INCLUDING ME CG7322 0215 DEFINITIONS OF POLLUTANTS 1L0017 1198 COMMON POLICY CONDITIONS L0021 0908 NUCLEAR ENERGY LIABILITY EXCLUSION 1L0274 0213 MISSOURI CHANGES CANCELLATION AND NONRENEWAL IMPORTANT NOTICES IN5017 IN7631 IN7809 0593 IMPORTANT NOTICE FOR RENEWAL POLICIES 0611 NOTICE TO POLICY HOLDERS 1115 DATA BREACH IDENTITY RECOVERY SERVICES GLDF 02 93 DIRECT BILL L7BK 17362 INSURED COPY ACP GLAO 3028548677 928943783 43 0006814 | 2 |
CG 21 44 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Premises ALL LOCATIONS SPECIFICALLY SCHEDULED ON THE POLICY Project If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury penses arising out of property damage personal and advertising injury and medical ex 1. The ownership maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises or 2. The project shown in the Schedule. Copyright Insurance Services Office Inc. 1997 CG 21 44 07 98 ACP GLAO3028548677 L7BK 17362 INSURED COPY nan nan nan nan 43.0 6815.0 | 2 |
POLICY NUMBER ACP GLAO3028548677 L7BK 17362 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 73220215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINITION OF POLLUTANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTEGTIVE LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Specifically identified substances or materials NO ADDITIONAL SPECIFIC SUBSTANCES OR MATERIALS IDENTIFIED The definition of pollutants is replaced by the follow ing Pollutants means any organic or inorganic sub stance or material that is a solid liquid gaseous or thermal irritant or contaminant including but not lim ited to smoke vapor soot fumes acids alkalis chemicals fibers particles sludge by products waste as currently defined at 40 C.F.R. 261.2 and 261.3 and as may be amended and any substanc es or malerials identified in the Schedule. Waste includes without limitation materials that have been or are 10 be recycled reconditioned or reclaimed. Pollutants includes but is not limited 1o adhesives ammonia and ammonia solutions chemicals used in dry cleaning operations including but not limited to halogenated organic solvents e.g. perchloraethylene or otherwise known as tetrachloroethene perc or PCE petroleum based solvents glycol ether based solvents silicon based solvents liquid carbon dioxide solvent detergents other agents for sizing and spot ting bleaches agents used 1o adjust the properties of solvents e.g. neutralizing agents and anti foaming agents and chemicals used in the cleaning and maintenance of dry cleaning equipment cleaning sclutions delergents soaps and solvents coatings finishes and sealants including but not limited to lacquer paints polishes resins shellac vamish and wax dyes inks and stains mercury and compounds containing mercury including but not limited to methylmercury dimethylmercury ethylmercury poly chlorinated biphenyls ketones all compounds and CG 73220215 Includes copyrighted material of Insurance Services Office Inc. isomers including but not limited to acetone methyl acetone cyclohexanone diethyl ketone ethyl methyl ketone methyl isobutyl ketone methyl isopropyl ke tone methy propyl ketone methyl vinyl ketone me thyl propanone fertilizer and soil amendments fungi cides herbicides insecticides and pesticides gar bage refuse and trash including but not limited to household commercial industrial sewage biologicalwaste inerl gases natural gas nalural gas by products and natural gas derivatives including but not limited to butane propane LPG petroleum petroleum by products and petroleum distillates in cluding but not limited 1o diesel fuel gasoline heat ing oil kerosene grease lubricants propane LPG motor oil mineral oil mineral spirils tar asphall naphtha and naphtha compounds brake fluid glycol mineral oil or silicon based coolants including but not limited to ethylene glycol and propylene glycol hydraulic fluid composed of mineral oil or natural oil base stocks transmission fluid mineral oil or synthet ic exhaust particulate matter and gases including but not limited to carbon dioxide carbon monoxide hydrocarbons nitrogen oxides ozone refrigerants including but not limited to anhydrous ammonia any chlorofluorocarbons hydro chlorofluorocarbons perfluorocarbons wood preservatives including but not limited 1o alkaline copper quat creosote chromated copper arsenate pentachlorophenol alcohols bromine and compounds of bromine chlo rine and compounds of chlorine fluorine and com pounds of fluorine metals and compounds of metal including but not limited to arsenic cadmium chro mium copper thallium selenium brine peroxides Page 10f 2 with ils permission. INSURED COPY 43 0006816 DUBSTANCES OR | 2 |
CG73220215 nano fibers particles and tubes and radioactive mate rial. In addition pollutants includes but is not limited 1o hazardous substances listed in the Comprehensive Environmental Response Compensation And Liabil ity Act CERCLA 2007 Priority List and any future priority lists list of hazardous wastes in the Federal Code of Regulations Title 40 261.30 261.35 U.S. Environmental Protection Agency Chemical Refer ences Complete Index and U.S. Department of Health And Human Services Agency For Toxic Sub slances and any other substance which has been is or becomes in the future the subject of any law stat ute regulation ordinance or other governmental enactment concerning the presence of toxic hazard ous damaging or harmful substances in the soll air atmosphere biota or water whether indoors or oul above at or below ground level or is alleged to be toxic hazardous damaging or harmful to human health or to the soil air atmosphere biota or water whether indoors or out above at or below ground level. COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART The definition of pollutants applies whether or not the pollutant has any function in your business operations premises site or location. RAILROAD PROTECTIVE LIABILITY COVERAGE PART The definition of pollutants applies whether or not the pollutant has any function in your business operations or job location CG73220215 nano fibers particles and tubes and radioactive mate rial. In addition pollutants includes but is not limited 1o hazardous substances listed in the Comprehensive Environmental Response Compensation And Liabil ity Act CERCLA 2007 Priority List and any future priority lists list of hazardous wastes in the Federal Code of Regulations Title 40 261.30 261.35 U.S. Environmental Protection Agency Chemical Refer ences Complete Index and U.S. Department of Health And Human Services Agency For Toxic Sub slances and any other substance which has been is or becomes in the future the subject of any law stat ute regulation ordinance or other governmental enactment concerning the presence of toxic hazard ous damaging or harmful substances in the soll air atmosphere biota or water whether indoors or oul above at or below ground level or is alleged to be toxic hazardous damaging or harmful to human health or to the soil air atmosphere biota or water whether indoors or out above at or below ground level. COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART The definition of pollutants applies whether or not the pollutant has any function in your business operations premises site or location. RAILROAD PROTECTIVE LIABILITY COVERAGE PART The definition of pollutants applies whether or not the pollutant has any function in your business operations or job location All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 ACP GLA03028548677 Includes copyrighted material of Insurance Services Office Inc. with its permission. L7BK 17362 INSURED COPY CG73220215 43 0006817 | 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 Il Who Is An Insured. Other words and phrases that appear in quotation ks have special meaning. Refer to Section V 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 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 Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily Injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily Injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described In Section I Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services Is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section It Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
CG 00010413 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment 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 ar anreamant nr 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 jhs busmess of manufacturing distributing CG 00010413 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 n insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the Influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouss 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. Insurance Services Office Inc. 2012 Page 2 of 16 CG 00010413 | 1 |
CG00010413 CG 00010413 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 poliutants 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 Iubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a 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 iiy Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location Is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage b arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or Insurance Services Office Inc. 2012 Page 3 of 16 CG 00010413 | 1 |
CG 00010413 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 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage Involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 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 b 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 The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 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 CG 00010413 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 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage Involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 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 b 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 The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 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 CG 00010413 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 CG 00010413 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.. Personal And Advettising 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 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 It 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 o 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
CG 00010413 CG 000104 13 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. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Hl Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising Injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication 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. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an Implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
CG 00010413 CG 00010413 n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of poliutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 0. 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 s 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 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or Information. 3 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 injl an insured whose business 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. 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. committed by. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Insurance Services Office Inc. 2012 Page 7 of 16 CG 00010413 | 1 |
CG 00010413 COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 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. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occuples. 9.. 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 a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to fumish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
CG 00010413 So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section 1 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or Joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are Insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 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. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 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 o o c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance avalilable to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee In such suit. Insurance Services Office Inc. 2012 Page 9 of 16 CG 00010413 | 1 |
CG 00010413 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 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 diutiee uinder thie Caverane Part CG 00010413 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 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or 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. b c d 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. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. M Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
CG 00010413 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim Is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 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. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit Is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
s over other share of the exceeds the such other loss in the nd e and self that other loss if any that s not Insurance pecifically to of Insurance is Coverage contribution this method arh inerirar CG 00010413 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. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or simitar coverage for your work il That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner ill 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 coverting 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 entited 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.. 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.. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete CG 00010413 Page 12 of 16 Insurance Setrvices Office Inc. 2012 | 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 ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle 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. CG 00010413 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 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 s less useful because a. It incorporates your product or your work that is known or thought to be defective deficlent inadequate or dangerous or b. You have falled 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. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
Page 14 of 16 CG 00010413 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. 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 raiload property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. Insurance Services Office Inc. 2012 10.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. 11.Loading or unloading means the handiing of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles inciuding any attached machinery or equipment a. Bulldozers farm machinery forkiifts 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. CG 00010413 CG 00010413 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 A sidetrack agreement 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 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 raiload 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 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. ew 0 10.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. 11.Loading or unloading means the handiing of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles inciuding any attached machinery or equipment a. Bulldozers farm machinery forkiifts 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. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos CG 00010413 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or CG 00010413 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. b 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. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution. 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. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Insurance Services Office Inc. 2012 CG 00010413 Page 15 of 16 | 1 |
CG 00010413 As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other e h e o e e o g CG 00010413 As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations mz time with respect to the fitnes durability performance or use product and 2 The providing of or failure t warnings or instructions. c. Does not include vending machines property rented to or located for ff others but not sold. 22.Your work a. Means 1 Work or operations performed by your behalf and 2 Materials parts or equipment fu connection with such work or oper b. Includes 1 Warranties or representations ma time with respect to the fitnes durability performance or use work and 2 The providing of or failure t warnings or instructions. All terms and conditions of this policy apply unless modified by this endorsement. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
COMMERCIAL GENERAL LIABILITY CG 210605 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION COMMERCIAL GENERAL LIABILITY CG 210605 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are clamed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic Information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal Tnfmrrratien Ve AT TIAL BRI T AV DAL Tt. of Section I Coverage A And Property Damage Liability is e following S ince does not apply to s Or Disclosure Of Confidential Or 1al Information And Data related y es arising out of access to or disclosure of any s0n s or organization s confidential or sonal information including patents e secrets processing methods tomer lists financial information it card information health rmation or any other type of public information or loss of loss of use of damage to uption of inability to access or ility to manipulate electronic data. clusion applies even if damages are i for notification costs credit ing expenses forensic expenses elations expenses or any other loss expense Incurred by you or others out of that which is described in aph 1 or 2 above. er unless Paragraph 1 above this exclusion does not apply to es because of bodily injury. All terms and conditions apply unless As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic Information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. modified by this endorsement. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section 1 Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or 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 Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 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. c All terms and conditions of this policy apply unless modified by this endorsement. added to Paragraph 2. Coverage A Bodily ige Liability ply to any at person person s employment practices policies uch as coercion demo assignment discipline ment humiliation dis cious prosecution di or nt brother or sister of Juence of bodily injury any of the employment bed in Paragraphs a ted. ing event described in c above occurs before iployment or after em ay be liable as an em pacity and hare damages with or ho must pay damages CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2 Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All terms and conditions of this policy apply unless modified by this endorsement. COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All terms and conditions of this policy apply unless modified by this endorsement. g son age which vhole or in 1 or threat of contact or presence or within a ts contents her cause ibuted con such injury sing out of g cleaning g detoxify r disposing or assess eria by any CG 21671204 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with permission. ISO Properties Inc. 2004 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY COMMERCIAL GENERAL LIABILITY CG 21700115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case Insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained In the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. All terms and conditions apply unless modified by this endorsement. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21700115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 2504 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MISSOURI PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION COVERAGE LIMITATIONS A. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the As sociation the Association will pay claims covered under the Act if we become insolvent. B. The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and affect the amount of any payment. The following limita tions apply subject to all other provisions of the Act 1. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent pro vided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. 2. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the applicable limit of insurance of the policy from which a claim arises or 2 Retum to an insured any unearned pre mium in excess of 25000. These limitations have no effect on the coverage we will provide under this policy. All terms and conditions of this policy apply unless modified by this endorsement. COMMERCIAL GENERAL LIABILITY CG 26 2504 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MISSOURI PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION COVERAGE LIMITATIONS A. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the As sociation the Association will pay claims covered under the Act if we become insolvent. B. The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and affect the amount of any payment. The following limita tions apply subject to all other provisions of the Act 1. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent pro vided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. 2. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the applicable limit of insurance of the policy from which a claim arises or 2 Retum to an insured any unearned pre mium in excess of 25000. These limitations have no effect on the coverage we will provide under this policy. All terms and conditions of this policy apply unless modified by this endorsement. ISO Properties Inc. 2004 Page 1 of 1 CG 262504 05 | 2 |
COMMERCIAL GENERAI COMMERCIAL GENERAL LIABILITY CG 26500413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 1.a. of Coverage C Medical Payments is replaced by the following 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported c to us within one year of the date of the accident. However expenses reported to us after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. All terms and conditions apply unless modified by this endorsement. b The expenses are incurred and reported c to us within one year of the date of the accident. However expenses reported to us after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. CG 26 50 04 13 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON CG 70 23 10 96 CG 70 23 10 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This policy does not apply to any claims arising out of or alleged to have arisen out of any of the following 1. Asbestos or any asbestos related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or failure to disclose the presence of asbestos or other duty involving asbestos its use exposure existence detection removal elimination or avoidance. Electro magnetic emissions or radiation related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty in volving any electro magnetic emissions or radiation from use exposure existence detection removal elimi nation or avoidance of electrical energy. Lead or any lead related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving lead or lead pro ducts their use exposure existence detection removal elimination or avoidance. Radon or any other radioactive emissions manmade or natural or any related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving radon or any other radioactive emissions their use exposure existence de tection removal elimination or avoidance. We shall not have a duty to defend any insured against a claim or suit seeking damage to which this insurance does not apply. CG 70 23 10 96 | 2 |
CG 70 33 03 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 10. Two or More Coverage Forms or Policies Issued by Us. If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same occurrence the aggregate maximum limit of insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. CG 70 33 03 93 | 2 |
COMMERCIAL GENERAL LIABILITY CG72121216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT COMMERCIAL GENERAL LIABILITY CG72121216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended as follows 1. Paragraph 2a of Exclusion g. Aircraft Auto Or Watercraft is replaced with a Less than 51 feet long and 2. The following is added to Exclusion j. Damage To Property a Paragraphs 3 and 4 does not apply to property damage to borrowed equipment while not in use while at the insured s premises or a job site or b Paragraph 4 does not apply property damage to customers goods while on the insured s premises for the purpose of being worked on or used in a manufacturing process. Limit of Insurance The most we will pay for damages for property damage coverage provided by this coverage in any one occurrence is 10000. Deductible Our obligation to pay for a covered loss applies only to the amount of loss in excess of 500. We will pay the deductible amount to effect settlement of any claim or suit and upon notification of this action having been taken you shall promptly reimburse us for the deductible as has been paid by us. This insurance is excess over any other valid and collectible insurance. 3. The last paragraph of 2. Exclusions is replaced with If Damage To Premises Rented To You is not otherwise excluded exclusions c. through n. do not apply to damage by fire lightning explosion smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you rented to you or temporarily occupied by you CG72121216 Includes copyrighted material of ISO Properties Inc. with its with permission of the owner. A separate limit of insurance applies to this coverage as described in Section IIl Limits of Insurance. SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended as follows 1. Paragraph 1. b. is replaced with b. Up to 2500 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. 2. Paragraph 1. d. is replaced with d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. SECTION Il WHO IS AN INSURED is amended as follows 1. Paragraph 3. a. is replaced with 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 2. The following is added 4. Additional Insured Automatic Status When Required In An Agreement With You Who Is An Insured includes persons or organizations described in Paragraphs a. i. below with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. a. Co Owners Of Insured Premises with respect to their liability as co owner of the premises. Page 10f5 permission. CG72121216 | 2 |
CG72121216 However their status as additional insured under this policy ends when you cease to co own such premises with that person or organization.. Controlling Interest with respect to their liability arising out of thelr financial control of you or premises they own maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. However their status as additional insured under this policy ends when they cease to have such controlling interest. Grantor of Franchise or License with respect to their liability as grantor of Structural alterations new construction or demolition operations performed by or on behalf of the person or organization. However their status as additional insured under this policy ends when you cease to be a tenant of such premises. Mortgagee Assignee or Receiver with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you. This insurance does not apply to structural alterations new constructions and demolition operations performed by or for that person or organization. However their status as additional insured under this policy ends when CG72121216 However their status as additional insured under this policy ends when you cease to co own such premises with that person or organization. b. Controlling Interest with respect to their liability arising out of thelr financial control of you or premises they own maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. However their status as additional insured under this policy ends when they cease to have such controlling interest. c. Grantor of Franchise or License with respect to their liability as grantor of a franchise or license to you. However their status as additional insured under this policy ends 1 when their contract or agreement with you granting the franchise or license ends or expires or 2 when your license is terminated or revoked prior to expiration of the license as stipulated by the contract or agreement. d. Lessors of Leased Equipment with respect to their liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. This insurance does not apply to any occurrence which takes place after the equipment lease expires. However their status as additional insured under this policy ends when their lease contract or agreement with you for such leased equipment ends. e. Managers or Lessors of Premises with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you. This insurance does not apply to 1 Any occurrence which takes place after you cease to be a tenant in that premises. Structural alterations new construction or demolition operations performed by or on behalf of the person or organization. However their status as additional insured under this policy ends when you cease to be a tenant of such premises. Mortgagee Assignee or Receiver with respect to their liabilty as mortgagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you. This insurance does not apply to structural alterations new constructions and demolition operations performed by or for that person or organization. However their status as additional insured under this policy ends when their status as mortgagee assignee or receiver ends. Owners or Other Interest from Whom Land has been Leased with respect to their liability arising out of the ownership maintenance or use of that part of the land leased to you. This insurance does not apply to 1 Any occurrence which takes place after you cease to lease the land or 2 Structural alterations new construction or demolition operations performed by or on behalf of the person or organization. However their status as additional insured under this policy ends when you cease to lease that land. State or Political Subdivisions Permits Relating to Premises with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has Issued a permit or authorization in connection with premises you own rent or control and to which this insurance applies 1 The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal Page 2 of 5 CG72121216 Includes copyrighted material of ISO Properties Inc. with its permission. | 2 |
holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures or 2 The construction erection or removal of elevators or 3 The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to 1 Bodily injury or property damage or personal or advertising injury arising out of operations performed for the state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. However such state or political subdivision s status as additional e U g CG72121216 manutacturer and then repackaged in the original container Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or ueed ae a container nart ar CG72121216 manutacturer and then repackaged in the original container e 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 f Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to i The exceptions contained in Subparagraphs d. or f. or ii Such inspections adjust ments 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. 2This 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 accom panying or containing such products. g h holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures or 2 The construction erection or removal of elevators or 3 The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to 1 Bodily injury or property damage or personal or advertising injury arising out of operations performed for the state or municipality or Bodily injury or property damage included within the products completed operations hazard. However such state or political subdivision s status as additional insured under this policy ends when the permit ends. Vendors 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 subject to the following additional exclusions 1 The insurance afforded the vendor does not apply to a Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b Any express warranty unau thorized by you c Any physical or chemical change in the product made intentionally by the vendor d Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the CG72121216 Page 3 of 5 Includes copyrighted material of ISO Properties Inc. with its permission. | 2 |
CG72121216 With respect to the insurance afforded to such additional insureds a. d. described above the following is added to the Section I Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However this insurance afforded to such additional insureds a. i. described above 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SECTION Il LIMITS OF INSURANCE 1. The following is added to Paragraph 2 The General Aggregate Limit applies separately to each of your locations owned by or rented to you or temporarlly occupied by you with the permission of the owner 2. Paragraph 6. is replaced with 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire lightning explosion smoke or sprinkler leakage while rented to or temporarily occupied by you with permission of the owner. The limit is increased to 1000000. 3. Paragraph 7. is replaced with 7. Subject to 5. above the higher of a. 10000 or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by one person. e insurance afforded to ureds a. d. described is added to the Section rance ded to the additional ed by a contract or 5 t we will pay on behalf of ired is the amount of e contract or agreement the applicable Limits of n in the Declarations shall not increase the Insurance shown in the rance afforded to such a. i. described above the extent permitted by ader than that which you by the contract or rovide for such additional NSURANCE o Paragraph 2 Limit applies separately s owned by or rented to cupied by you with the d with ove the Damage To 0 You Limit is the most overage A for damages ty damage to any one ted to you or in the case e lightning explosion leakage while rented to ccupied by you with owner. The limit is 000. d with the higher of own in the Declarations pense Limit is the most der Coverage C for all ses because of bodily i by one person. Includes copyrighted material of ISO Properties Inc. with its permission. SECTION IV This coverage does not apply if Coverage C Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Condition 2. Duties In The Event Of Occurrence Offense Claim Or Suit is amended to include e. Knowledge of an occurrence offense claim or sult by an agent or employee of any insured shall not In itself constitute knowledge of the insured unless you a partner if you are a partnership or an executive officer or insurance manager if you are a corporation receives such notice of an occurrence offense claim or suit from the agent or employee. Paragraph b. Excess Insurance 1 b ii of condition 4. Other Insurance is replaced with ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner Condition 6. Representations is amended to include d. Your failure to disclose all hazards or prior occurrences or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior occurrences or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended to include If required by a written contract executed prior to loss we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. The following condition is added 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge your policy will automatically provide the additional coverage as of the day the revision Is effective In your state. CG72121216 Page 4 of 5 | 2 |
CG72121216 SECTION V DEFINITIONS or death resulting from any of these at any 1 Definitinn Radilv Iniry ie ranlacad with time. INITIONS odily Injury is replaced with ry means bodily injury sickness sustained by a person including juish mental injury shock fright CG72121216 or death resulting from any of these at any time. The following definition is added Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. All terms and conditions apply unless modified by this endorsement. SECTION V DEFINITIONS 1. Definition 3. Bodily Injury is replaced with 3. Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish mental injury shock fright CG72121216 Includes copyrighted material of ISO Properties Inc. with its permission. Page 5 of 5 | 2 |
1L0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara and tions may cancel this pqlicy by mailing or deliv c. Recommend changes. ering to us advance written notice of cancella 2. We are not obligated to make any inspections tion. survevs reports or recommendations and any L0017 1198 L0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice. B. Changes This policy contains all the agreements between you and us conceming the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal represen tative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ned Insured shown in the Declara incel this policy by mailing or deliv idvance written notice of cancella cel this policy by mailing or deliv first Named Insured written notice on at least vefore the effective date of cancel ve cancel for nonpayment of pre oefore the effective date of cancel e cancel for any other reason. or deliver our notice to the first red s last mailing address known to ancellation will state the effective ellation. The policy period will end is cancelled we will send the first red any premium refund due. If we refund will be pro rata. If the first red cancels the refund may be o rata. The cancellation will be ef if we have not made or offered a ailed proof of mailing will be suffi f notice. tains all the agreements between nceming the insurance afforded. d Insured shown in the Declara ed to make changes in the terms th atir coneent Thie nolicv s terme IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
00 21 09 08 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear IL 00 21 09 08 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entited to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. 2 facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. ISO Properties Inc. 2007 Page 1 of 2 C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2 Page 1 of 2 | 2 |
2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any luded under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste spe c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
bl IL02740213 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERGIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the the following Cancellation and Nonrenewal Standard Property Policy CP 00 99 the term Provisions apply Commercial Property Coverage Part in this Paragraph 2. of the Cancellation Common Policy endorsement also refers to the Standard Property Condition is replaced by the following Policy. 2. We may cancel this policy by mailing or B. Withrespecttothe delivering to the first Named Insured written Commercial General Liability Coverage Part notice of cancellation stating the actual reason Commercial Property Legal Liability Coverage for cancellation at least Form CP 00 40 a. 10 days before the effective date of Commercial Property Mortgageholders Errors cancellation if we cancel for nonpayment of And Omissions Coverage Form CP 00 70 premium Crime And Fidelity Coverage Part b. 30 days before the effective date of Employment Related Practices Liability Coverage cancellation if cancellation is for one or Part more of the following reasons Equipment Breakdown Coverage Part 1 Fraud or material misrepresentation Farm Liability Coverage Form affecting this policy or a claim filed Liquor Liability Coverage Part under this policy or a violation of any of Pollution Liabilty Coverage Part g atr rrjltlf ss Jflltshzofzcv. e graor iucts Complated Operations Liability Coverage date of this policy which have materially Medical Professional Liability Coverage Part increased the risk assumed 1L 02740213 Insurance Services Office Inc. 2012 Page 10of 2 | 2 |
IL02740213 i 3 We become insolvent or 4. Notice of 4 We involuntarily lose reinsurance for this a. Cancellanon will state the elfectlve date of SRR PN IL02740213 3 We become insolvent or 4 We involuntarily lose reinsurance for this policy c. 60 days before the effective date of cancellation if we cancel for any other reason. Nonrenewal The following is added and supersedes any provision to the contrary a. We may elect not to renew this policy by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the actual reason for nonrenewal at least 60 days prior to the effective date of the nonrenewal. b. If notice is mailed proof of mailing will be sufficient proof of notice. C. With respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Coverage Form Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form Paragraphs 1. 2. 3. 4. and 6. of the Cancellation Common Policy Condition are replaced by the following Cancellation Nonrenewal And Decreases In Coverage 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel nonrenew reduce in amount or adversely modify this policy by mailing or delivering to the first Named Insured written notice of this action at least a. 10 days before the effective date of this action if due to nonpayment of premium or evidence of incendiarism or b. 30 days before the effective date of this action if for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of a. Cancellation will state the effecti cancellation. The policy period w that date. b. Any other action will state the effe of that action. 6. If notice is mailed proof of mailir sufficient proof of notice. D. With respect to all Coverage Parts ad this endorsement Paragraph 5. Cancellation Common Policy Cor replaced by the following 5. If this policy is cancelled we will ser Named Insured any premium refund cancellation will be effective even i not made or offered a refund. The provisions govern calculation premium a. We will compute return premiun and round to the next higher wi when this policy is 1 Cancelled by us or at our requ 2 Cancelled because you no lo a financial or insurable inter property or business operati the subject of this insurance 3 Cancelled but rewritten with u. company group or 4 Cancelled after the first year prepaid policy written for a ter than one year. b. When this policy is cancelled at t of the first Named Insured exc Paragraph a.2 a.3 or a.4 af will return 90 of the pro rata premium or 75 of the pro rata premium for the Equipment E Coverage Part rounded to the n whole dollar. However wh cancellation takes place during the of a multiyear prepaid policy we the full annual premium for the s years. The refund will be less than 90 rata unearned premium or less of the pro rata unearned premiu Equipment Breakdown Coverag the refund of such amount wou the premium retained by us to 2 less than the minimum premiur policy. All terms and conditions of this policy apply unless modified by this endorsement. 4. Notice of a. Cancellation will state the effective date of cancellation. The policy period will end on that date. b. Any other action will state the effective date of that action. 6. If notice is mailed proof of mailing will be sufficient proof of notice. D. With respect to all Coverage Parts addressed in this endorsement Paragraph 5. of the Cancellation Common Policy Condition is replaced by the following 5. If this policy is cancelled we will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. The following provisions govern calculation of return premium a. We will compute return premium pro rata and round to the next higher whole dollar when this policy is 1 Cancelled by us or at our request 2 Cancelled because you no longer have a financial or insurable interest in the property or business operation that is the subject of this insurance 3 Cancelled but rewritten with us or in our company group or 4 Cancelled after the first year if it is a prepaid policy written for a term of more than one year. b. When this policy is cancelled at the request of the first Named Insured except when Paragraph a.2 a.3 or a.4 applies we will return 90 of the pro rata unearned premium or 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part rounded to the next higher whole dollar. However when such cancellation takes place during the first year of a multiyear prepaid policy we will return the full annual premium for the subsequent years. The refund will be less than 90 of the pro rata unearned premium or less than 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. Page 2of 2 Insurance Services Office Inc. 2012 IL02740213 | 2 |
IN 76 3106 11 Kk k kK kK IMPORTANT INSURANCE INFORMATION k Kk Kk Please read this Notice carefully. No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information an tha ravaramace vali are nravided 1 thore e anv nanflint lativann tha naling and thic natine the memtrioimme f hhe IN 76 3106 11 Kk k kK kK IMPORTANT INSURANCE INFORMATION k Kk Kk Please read this Notice carefully. No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. NOTICE TO POLICY HOLDERS In accordance with Missouri 375.052 RSMo this is a disclosure for possible additional incidental fees for premium instaliments late payments policy reinstatement. FLEXIBLE PAYMENT PLAN Premium Charge A small premium charge will be added to each installment billing. The Premium Charge is 5.00 except for the Flex Chek Payment Plan. Penalty Charges The Reinstatement Charge is 10.00 for each account where Notice of Cancellation has been given. The Non Sufficient funds or returned check charge is 30.00. POLICY WRITING MINIMUM PREMIUM If your policy has a policy writing minimum premium this charge applies regardless of term. IN76 3106 11 Page 10f 1 | 2 |
Named Insured Address IMPORTANT INSURANCE INFORMATION IMPORTANT NOTICE FOR RENEWAL POLICIES In an effort to keep your insurance premium as low as possible we have streamlined your renewal policy. We have not included printed copies of policy forms and endorsements that have not changed from your expiring policy unless they include variable information that is unique to you. Please refer to your prior policies for printed copies of these forms. If you desire copies they are available upon request from your agent. IN 5017 05 93 | 2 |
IN78 09 11 15 k k k Kk Kk IMPORTANT INSURANCE INFORMATION B8 0.0 8 8 IN78091115 Kk Kk ok kK IMPORTANT INSURANCE INFORMATION ok kK ok ok X Please read this Notice carefully. No coverage Is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. DATA BREACH IDENTITY RECOVERY SERVICES Data Breach Services Information Through a partnership with Hartford Steam Boiler you have access to a data breach risk management portal called the eRiskHub. The portal is designed to help you understand data information exposures help you plan and be prepared for a data breach and establish a response plan to manage the costs and minimize the effects of a data breach. Key features of the portal include Incident Response Plan Roadmap suggested steps your business can take following data breach incident. Having an incident response plan prepared in advance of a breach can be useful for defense of potential litigation. Online Training Modules ready to use training for your business on privacy best practices and Red Flag Rules. Risk Management Tools assist your business in managing data breach exposures including self assessments and state breach notification laws. eRisk Resources a directory to quickly find external resources on pre and post breach disciplines. News Center cyber risk stories security and compliance blogs security news risk management events and helpful industry links. Learning Center best practices and white papers written by leading authorities. To access the eRiskHub portal Enter httpswww.eriskhub.comnationwide in your browser. e Complete the information including your name and company. Your User D and Password are case sensitive. Enter your assigned access code 12116 73. Enter the challenge word on the screen and click Submit and follow the instructions to complete your profile setup. You can now login to the portal. You also have access to a help line to answer breach related questions. Insureds having questions pertaining to how to prepare for a breach help in identifying a breach or other questions pertaining to breach related best practices can call our breach preparedness help line. Experienced professionals are able to provide insights to help insureds understand the complicated environment pertaining to breaches of personal information. The breach preparedness help line is 877 800 5028. IN7809 11 15 Page 1 of 2 | 2 |
IN7809 1115 In addition you have the ability to purchase Data Compromise Insurance coverage and CyberOne Insurance coverage. The Data Compromise coverage covers the costs incurred by an insured to respond to a data breach including expenses related to forensic information technology review legal review notification to affected individuals services to affected individuals public relations services. Insureds will also have the ability to include Data Compromise Defense and Liability coverage which covers the liability from a suit brought by an individual affected by the data breach. CyberOne coverage protects businesses against damage to electronic data and computer systems from a virus or other computer attack. It also protects a business s liability to third parties that may have suffered damage due to security weaknesses in the business s computer system. Identity Recovery Services Information Through a partnership Hartford Steam Boiler you will have access to a Toll Free Identity Recovery Help Line designed to provide education about identity theft and identity theft risks. The toll free Help Line is staffed by experienced identity theft counsellors who can answer questions and provide useful information and resources to identity theft victims. The Identity Recovery Help Line number is 877 800 5028. In addition you have the ability to buy Identity Recovery insurance coverage as an included IN7809 1115 In addition you have the ability to purchase Data Compromise Insurance coverage and CyberOne Insurance coverage. The Data Compromise coverage covers the costs incurred by an insured to respond to a data breach including expenses related to forensic information technology review legal review notification to affected individuals services to affected individuals public relations services. Insureds will also have the ability to include Data Compromise Defense and Liability coverage which covers the liability from a suit brought by an individual affected by the data breach. CyberOne coverage protects businesses against damage to electronic data and computer systems from a virus or other computer attack. It also protects a business s liability to third parties that may have suffered damage due to security weaknesses in the business s computer system. Identity Recovery Services Information Through a partnership Hartford Steam Boiler you will have access to a Toll Free Identity Recovery Help Line designed to provide education about identity theft and identity theft risks. The toll free Help Line is staffed by experienced identity theft counsellors who can answer questions and provide useful information and resources to identity theft victims. The Identity Recovery Help Line number is 877 800 5028. In addition you have the ability to buy Identity Recovery insurance coverage as an included element of Data Compromise coverage or separately on its own. The Identity Recovery coverage insures against the theft of identities of the insured s key owners officers and resident family members. The coverage provides the services of an identity theft case manager and pays for various out of pocket expenses due to a covered identity theft including Legal fees for answer of civil judgments and defense of criminal charges Phone postage shipping fees Notary and filing fees Credit bureau reports Lost Wages and Child or Elder Care Mental Health Counseling costs Not Available in NY Miscellaneous Expense coverage Page 2 of 2 IN7809 11 15 | 2 |
XL CATLIN 505 Eagleview Boulevard Suite 100 Exton PA 19341 0636 USA Phone 800 327 1414 Fax 610 458 6639 www.xicatlin.com July 9 2018 Ms. Martha Hosey CRC Insurance Services Inc. 1 Metroplex Drive Suite 400 PO Box 59689 Birmingham AL 35209 RE INTERNET RETAIL HOLDING COMPANY Dear Martha We are pleased to enclose the policy ies recently bound for the above captioned insured. Also enclosed are instructions for claims handling and issuing certificates of insurance. Please review the policy ies and forward the appropriate copy ies to your producer. I would like to take this opportunity to thank you for placing your business with XL Catlin Excess Surplus and look forward to working with you on this account and possibly others in the future. Again thank you for your support of our program. Sincerely Laura Johnson Underwriter XL Catlin Excess Surplus Enclosures WINS ACCOUNT 0005167254 brokltr.doc 799 surance Company Indian Harbor Insurance Gompany. XL Insurance Amerca Inc. XL Insurance Company of New York Inc. insurance Gampany X Specialy Insurance Gompany XU Group Comparis | 2 |
XL CATLIN EXCESS SURPLUS LINES PROCEDURES FOR CERTIFICATES OF INSURANCE XL CATLIN XL Catlin Excess Surplus Lines wholesale Brokers are authorized to issue Certificates of Insurance. All Certificates must be an exact representation of coverage in force at the time of issuance of the certificate. Changes to a policy require direct correspondence with an XL Catlin Excess Surplus Lines Underwriter. Certificates may not be issued on any account prior to binding. The following instructions MUST be adhered to subject to the terms and conditions of the bound and currently in force policy ACORD 25 Certificate of Liability Insurance Form 1. INSURED Insured s name and address as they appear on the policy declarations page at time of certificate issuance. 2. INSURERS AFFORDING COVERAGE Must reflect the full legal company name as it appears on the policy declarations page a. Indian Harbor Insurance Company or b. XL Insurance America Inc. or c. Greenwich Insurance Company. 3. COVERAGES A. Must reflect the correct coverage information i.e. type of insurance policy number policy effective and policy expiration dates limits. B. Description of Operations a. Record information necessary to identify the operations and or locations for which the certificate was issued. b. Information about additional insureds waivers of subrogation etc. should also be shown here and should reflect only those coverages coverage extensions or conditions currently provided by the insurance policy and or endorsements. 4. CANCELLATIONS No alterations to the cancellation clause in the ACORD forms may be reflected on the Certificate of Insurance without a policy endorsement issued to reflect any unique notice cancellation or non renewal requirements upon approval of your XL Catlin Excess Surplus Lines Underwriter. All Other Certificates of Insurance must be sent to your XL Catlin Excess Surplus Lines Underwriter for review and approval including a copy of any applicable contracts prior to the Certificate being issued. It will be the responsibility of the Broker issuing the Certificate of Insurance to verify that it is filed and approved in states where this requirement is mandated by the Insurance Department. Certificates of Insurance are not an insurance policy and do not serve to provide endorse amend extend or alter the terms of an insurance policy. In accordance with these guidelines Certificates are not required to be submitted to the Company. If they are submitted they will not be reviewed and may be discarded. Failure to adhere to these requirements may violate your agreement with XL Catlin and will be the responsibility of the Certificate issuer. ESCOI CASUALTY 032017 2017 X.L. America Inc. All rights reserved. XL CATLIN EXCESS SURPLUS LINES PROCEDURES FOR CERTIFICATES OF INSURANCE XL CATLIN XL Catlin Excess Surplus Lines wholesale Brokers are authorized to issue Certificates of Insurance. All Certificates must be an exact representation of coverage in force at the time of issuance of the certificate. Changes to a policy require direct correspondence with an XL Catlin Excess Surplus Lines Underwriter. Certificates may not be issued on any account prior to binding. The following instructions MUST be adhered to subject to the terms and conditions of the bound and currently in force policy ACORD 25 Certificate of Liability Insurance Form 1. INSURED Insured s name and address as they appear on the policy declarations page at time of certificate issuance. INSURERS AFFORDING COVERAGE Must reflect the full legal company name as it appears on the policy declarations page a. Indian Harbor Insurance Company or b. XL Insurance America Inc. or c. Greenwich Insurance Company. COVERAGES A. Must reflect the correct coverage information i.e. type of insurance policy number policy effective and policy expiration dates limits. B. Description of Operations a. Record information necessary to identify the operations and or locations for which the certificate was issued. b. Information about additional insureds waivers of subrogation etc. should also be shown here and should reflect only those coverages coverage extensions or conditions currently provided by the insurance policy and or endorsements. CANCELLATIONS No alterations to the cancellation clause in the ACORD forms may be reflected on the Certificate of Insurance without a policy endorsement issued to reflect any unique notice cancellation or non renewal requirements upon approval of your XL Catlin Excess Surplus Lines Underwriter. All Other Certificates of Insurance must be sent to your XL Catlin Excess Surplus Lines Underwriter for review and approval including a copy of any applicable contracts prior to the Certificate being issued. It will be the responsibility of the Broker issuing the Certificate of Insurance to verify that it is filed and approved in states where this requirement is mandated by the Insurance Department. Certificates of Insurance are not an insurance policy and do not serve to provide endorse amend extend or alter the terms of an insurance policy. In accordance with these guidelines Certificates are not required to be submitted to the Company. If they are submitted they will not be reviewed and may be discarded. Failure to adhere to these requirements may violate your agreement with XL Catlin and will be the responsibility of the Certificate issuer. ESCOI CASUALTY 032017 XL CATLIN EXCESS SURPLUS LINES PROCEDURES FOR CERTIFICATES OF INSURANCE XL Catlin Excess Surplus Lines wholesale Brokers are authorized to issue Certificates of Insurance. All Certificates must be an exact representation of coverage in force at the time of issuance of the certificate. Changes to a policy require direct correspondence with an XL Catlin Excess Surplus Lines Underwriter. Certificates may not be issued on any account prior to binding. The following instructions MUST be adhered to subject to the terms and conditions of the bound and currently in force policy ACORD 25 Certificate of Liability Insurance Form 1. INSURED Insured s name and address as they appear on the policy declarations page at time of certificate issuance. 2. INSURERS AFFORDING COVERAGE Must reflect the full legal company name as it appears on the policy declarations page a. Indian Harbor Insurance Company or b. XL Insurance America Inc. or c. Greenwich Insurance Company. 3. COVERAGES A. Must reflect the correct coverage information i.e. type of insurance policy number policy effective and policy expiration dates limits. B. Description of Operations a. Record information necessary to identify the operations and or locations for which the certificate was issued. b. Information about additional insureds waivers of subrogation etc. should also be shown here and should reflect only those coverages coverage extensions or conditions currently provided by the insurance policy and or endorsements. 4. CANCELLATIONS No alterations to the cancellation clause in the ACORD forms may be reflected on the Certificate of Insurance without a policy endorsement issued to reflect any unique notice cancellation or non renewal requirements upon approval of your XL Catlin Excess Surplus Lines Underwriter. All Other Certificates of Insurance must be sent to your XL Catlin Excess Surplus Lines Underwriter for review and approval including a copy of any applicable contracts prior to the Certificate being issued. It will be the responsibility of the Broker issuing the Certificate of Insurance to verify that it is filed and approved in states where this requirement is mandated by the Insurance Department. Certificates of Insurance are not an insurance policy and do not serve to provide endorse amend extend or alter the terms of an insurance policy. In accordance with these guidelines Certificates are not required to be submitted to the Company. If they are submitted they will not be reviewed and may be discarded. Failure to adhere to these requirements may violate your agreement with XL Catlin and will be the responsibility of the Certificate issuer. | 2 |
XL CATLIN CLAIM REPORTING INSTRUCTIONS New claims can be reported by phone fax mail or email 24 hours a day seven days a week 365 days a year. Please include if available the name address and phone number for all relevant parties the date and time of loss the location of the loss a description of the loss and any damage information. If reporting by phone please be sure to indicate if the claim involves a fatality serious bodily injury pollution spill or requires immediate response. Phone Fax Phone 1 800 823 7351 Toll Free Fax 1 866 262 9002 Toll Free 1 678 819 7388 Toll Email napropcasclaimnewnoticesxlgroup.com New Claims Notices Email napropcasclaimsxlgroup.com All Other Claims Correspondence USPS Mail XL Group PO Box 614002 Orlando FL 32861 4002 Overnight Mail XL Group 4209 Vineland Road Suite J2 Orlando FL 32811 INSTRUCTIONS FOR REQUESTING LOSS RUNS Due to privacy issues XL Catlin Excess Surplus Lines can only honor requests for loss runs when submitted in writing by our wholesale broker of record or by the Insured on their company letterhead. XL Catlin Excess Surplus Lines can only deliver loss runs to our wholesale broker of record or to the Insured. To request a copy of loss runs for your policy please submit your request to ESCasualtyLossRunsxlcatlin.com ESCR CASUALTY 0317 2017 X.L. America Inc. All rights reserved. | 2 |
INTERNET RETAIL HOLDING COMPANY 5370 W 95TH STREET PRAIRIE VILLAGE KS 66207 Policy Number ESG004140005 July 12018 July 1 2019 | 2 |
NOTICE TO POLICYHOLDERS PRIVACY POLICY The XL Catlin insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. 2. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information We will not disclose information about you or your business to any organization outside the XL Catlin insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek PN CW 02 1015 RAJA 07092018 Page 1 of 3 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. PN CW 02 1015 RAJA 07092018 Page 2 of 3 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker Anindependent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants e Aninsurance support organization Another insurer if to prevent fraud or to properly underwrite a risk Astate insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 1015 RAJA 07092018 Page 3 of 3 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NOTICE TO POLICYHOLDERS FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written electronic electronic impulse facsimile magnetic oral or telephonic communication or statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. olumbia PN CW 01 0617 RAJA 07092018 Page 1 of 3 2017 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NOTICE TO POLICYHOLDERS New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both s. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 01 0617 RAJA 07092018 Page 2 of 3 2017 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NOTICE TO POLICYHOLDERS Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 01 0617 RAJA 07092018 Page 3 of 3 2017 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Policyholder Notice provides information concerning possible impact on your insurance coverage due to the impact of U.S. Trade Sanctions. Please read this Policyholder Notice carefully. In accordance with the U.S. Department of the Treasury s Office of Foreign Assets Control OFAC regulations or any other U.S. Trade Sanctions applied by any regulatory body if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law is a Specially Designated National and Blocked Person SDN or is owned or controlled by an SDN this insurance will be considered a blocked or frozen contract. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. U.S Trade Sanctions may be promulgated by Executive Order act of Congress regulations from the U.S. Departments of State Treasury or Commerce regulations from the State Insurance Departments etc. PN CW 05 1017 RAJA 07092018 2017 X.L. America Inc. All rights reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
XI. XL CATLIN Regulatory Office 505 Eagleview Blvd. Suite 100 Dept Regulatory Exton PA 19341 1120 Telephone 800 688 1840 Telephone 800 688 1840 COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS NOTICE THIS POLICY IS ISSUED BY AN INSURER NOT AUTHORIZED TO DO BUSINESS IN KANSAS AND AS SUCH THE FORM FINANCIAL CONDITION AND RATES ARE NOT SUBJECT TO REVIEW BY THE COMMISSIONER OF INSURANCE AND THE INSURED IS NOT PROTECTED BY ANY GUARANTY FUND. COMPANY PROVIDING COVERAGE Indian Harbor Insurance Company POLICY NO. ESG004140005 RENEWAL OF ESG004140004 Named Insured INTERNET RETAIL HOLDING COMPANY Address 5370 W 95TH STREET City State Zip PRAIRIE VILLAGE KS 66207 Policy Period From July 12018 To July 12019 at 1201 A.M. Standard Time at your mailing address shown above. Business Description INTERNET RETAILER IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part 25000.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Automobile Coverage Part Boiler and Machinery Coverage Part Taxes Surcharges 0.00 Inspection Fee 500.00 Policy Premium 25000.00 Premium For Certified Acts of Terrorism Excluded Policy Fee 600.00 Premium For Non Certified Acts of Terrorism Excluded Agent to File Taxes TS FOR WHICH A PREMIUM IS INDICATED. THIS EMIUM 25000.00 0.00 500.00 25000.00 Excluded rty Coverage Part al Liability Coverage Part Coverage Part Marine Coverage Part 10bile Coverage Part ry Coverage Part rtified Acts of Terrorism 25000.00 ESLCPD2 0915 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 10of 2 | 2 |
Forms and Endorsements made a part of this policy at time of issue Omits applicable Forms and Endorsements if shown in specific Coverage Part Coverage Form Declarations. Broker Name Address City State Zip CRC Insurance Services Inc. 1 Metroplex Drive Suite 400 PO Box 59689 Birmingham AL 35209 w Countersigned THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. ESLCPD2 0915 2015 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART DECLARATIONS Policy Number ESG004140005 Effective Date July 1 2018 1201 A.M. Standard Time LIMITS OF INSURANCE Aggregate Limit 2000000 Each Occurrence Limit 1 000000 RETROACTIVE DATE This insurance does not apply to bodily injury or property damage which occurs before the Retroactive Date if any shown here July 1 2013 Enter Date or None if no Retroactive Date applies BUSINESS DESCRIPTION Form of Business Organization Other than Partnership or Joint Venture Business Description Internet Retailer Classification Premium Basis Rate Advance Premium 001 Internet Retailers 7859000 3.1811 25000 Gross Sales Premium Basis a Area per 1000 Square Feet Total Cost per 1000 Total Cost e Each m Admissions per 1000 Admissions p Payroll per 1000 Payroll s Gross Sales per 1000 Gross Sales u Units Total Advance Premium 25000.00 Square Feet 1000 Total Cost r 1000 Admissions 000 Payroll er 1000 Gross Sales Information omitted if shown elsewhere in the policy. Inclusion of date optional. THESE DECLARATIONS ARE PART OF THE POLIGY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD GL 154 11 85 Includes copyrighted material of Insurance Services Office Inc. with its permission. Gopyright Insurance Services Office Inc. 1985 | 2 |
FORMS AND ENDORSEMENTS other than applicable Forms and Endorsements shown elsewhere in the policy Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue PN CW 02 1015 Privacy Policy PN CW 010617 Notice To Policyholders Fraud Notice PN CW 05 1017 U.S. Treasury Department s Office Of Foreign Assets Control OFAC IL MP 9104 0314 IHIC In Witness Indian Harbor Insurance Company XIL 404 0605 Endorsement No. 001 Named Insured Endorsement CG 00380413 Products Completed Operations Liability Coverage Form SLC 371 0714 Endorsement No. 002 Premium Audit Conditions Amended Percentage Option SLC 704 0912 Endorsement No. 003 Lead Exclusion SLC 711 0912 Endorsement No. 004 Asbestos Exclusion SLC 003 0114 Endorsement No. 005 Deductible Endorsement Including Defense Costs Expenses and Other Supplementary Payments SLC 714 1113 Endorsement No. 006 Total Pollution Exclusion For Use With CG0037 or CG0038 SLC 712 1113 Endorsement No. 007 Cross Claim Exclusion CG2133 11 85 Exclusion Designated Products CG3370 03 05 Silica Or Silica Related Dust Exclusion CG3131 12 04 Fungi Or Bacteria Exclusion CG 201504 13 Additional Insured Vendors CG 24 04 05 09 Waiver of Transfer of Rights of Recovery Against Others to Us CG 20370413 Additional Insured Owners Lessees or Contractors Completed Operations MANUS 0260 0610 Endorsement No. 008 Primary And Non Contributory Wording As Required By Written Contract CG2410 07 98 Excess Provision Vendors CG 24260413 Amendment of Insured Contract Definition SLC 005 1113 Endorsement No. 009 Minimum Earned Premium Endorsement IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement Broad Form CG21730115 Exclusion of Certified Acts of Terrorism 1L0017 11 98 Common Policy Conditions XL KSSOP 0118 Endorsement No. 010 Service of Process MILR 07092018 RAJA 0005167254 Information omitted if shown elsewhere in the policy. Inclusion of date optional. THESE DECLARATIONS ARE PART OF THE POLIGY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD GL 154 11 85 Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1985 | 2 |
IN WITNESS INDIAN HARBOR INSURANCE COMPANY REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 1120 PHONE 800 688 1840 Itis hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. Al other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. f 60 T Joseph Tocco President Towt Onn. fortms Toni Ann Perkins Secretary IL MP 9104 0314 IHIC 2014 X.L. America Inc. All rights reserved. May not be copied without permission. RAJA 07092018 | 2 |
ENDORSEMENT 001 This endorsement effective 1201 a.m. July 1 2018 forms a part of Policy No. ESG004140005 issued to INTERNET RETAIL HOLDING COMPANY by Indian Harbor Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM It is agreed that NAMED INSURED of the policy declarations page is amended to include the following VENUS HOLDING COMPANY BEST SERVICE STORES INC. ONLINE HOLDING COMPANY OPERATING AS SAN FRANCISCO MUSIC BOX PERFECTION APPAREL INC. APPAREL CYNERGY LLC BRIGADE MARKETING COMPANY WILDCAT DISTRIBUTORS INC. WILDCAT DISTRIBUTORS INC. A DIVISION OF MOKS RETAIL INC. PARK PLACE GALLERY INC. DBA 2010 GALLERY JUSTFORYOU LLC OUTSIDEFUN LLG REALKIDS LLC SEASONALFUN LLG UPTOWNDOWNTOWN LLC YOURPETS LLC INTENSE FIT LLC MOKS RETAIL INC. MAXDAN RETAIL INC. SFMB RETAIL INC. FSBA WHOLESALE INC. FSBA HOLDING COMPANY INVENTORY ART INC. Al other terms and conditions remain unchanged. XIL 404 0605 2005 XL America Inc. RAJA 07092018 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00380413 PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS MADE 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 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 VI Definitions. SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS 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 included within the products completed operations hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. 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 Hll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage did not occur before the Retroactive Date if any shown in the Declarations or after the end of the policy period and 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 or any Extended Reporting Period we provide under Section V Extended Reporting Periods. c. 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 settlement in accordance with Paragraph 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. All claims for damages because of property damage causing loss to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured. 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. 3 CG 00380413 Insurance Services Office Inc. 2012 Page 1 of 11 | 2 |
b. Contractual Liability c. 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. 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. 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. 3 CG 00380413 Insurance Services Office Inc. 2012 Page 2 of 11 | 2 |
g. 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 Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you or Personal property in the care custody or control of the insured. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a sidetrack agreement. h. 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. j. 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. 2 3 k. 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. I 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. SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. 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. c. 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. d. 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. CG 00380413 Insurance Services Office Inc. 2012 Page 3 of 11 | 2 |
Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b c 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 I Coverages Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. CG 00380413 Insurance Services Office Inc. 2012 Page 4 of 11 | 2 |
2. Each of the following is also an insured a. Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees is an insured for 1 Bodily injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee while that coemployee is either in the course of his or her employment or performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee as a consequence of Paragraph a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph a or b above 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 any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b c b. Any person other than your employee or any organization while acting as your real estate manager. 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. insured than either your are an organization o joint venture or or your managers if ympany but only for heir employment by uties related to the. However none of sured for artners or members artnership or joint nembers if you are ompany or to a co hat coemployee is rse of his or her performing duties conduct of your ld parent brother or employee as a aragraph a above s any obligation to with or repay must pay damages injury described in above or or her providing or professional health roperty or used by e care custody or ver which physical exercised for any loyees any partner a partnership or joint nber if you are a Y your employee or cting as your real tion having proper property if you die y arising out of the that property and sentative has been 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 and b. Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limit is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. 3. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for damages because of all bodily injury and property damage arising out of any one occurrence. 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 PRODUCTS COMPLETED OPERATIONS 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. Insurance Services Office Inc. 2012 Page 5 of 11 CG 00380413 | 2 |
2. Duties In The Event Of Occurrence Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence 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. Notice of an occurrence is not notice of a claim. If a claim is received by any insured you must 1 Immediately record the specifics of the claim 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 as soon as practicable. 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 Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 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 3 4 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. b. To join us as a party or otherwise bring us into a suit asking for damages from an insured or 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 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 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of this insurance and applies to bodily injury or property damage included within the products completed operations hazard on other than a claims made basis if 1 No Retroactive Date is shown in the Declarations of this insurance or 2 The other insurance has a policy period which continues after the Retroactive Date shown in the Declarations of this insurance. When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 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 CG 00380413 Insurance Services Office Inc. 2012 Page 6 of 11 | 2 |
b The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 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. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. b. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and We have issued this policy in reliance upon your representations. 7. 10. 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. Your Right To Claim And Occurrence Information We will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding products completed operations liability claims made Coverage Part we have issued to you during the previous three years a. A list or other record of each occurrence not previously reported to any other insurer of which we were notified in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Claim Or Suit Condition. We will include the date and brief description of the occurrence if that information was in the notice we received. b. A summary by policy year of payments made and amounts reserved stated separately under the Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You must not disclose this information to any claimant or any claimant s representative without our consent. CG 00380413 Insurance Services Office Inc. 2012 Page 7 of 11 | 2 |
If we cancel or elect not to renew this Coverage Part we will provide such information no later than 30 days before the date of policy termination. In other circumstances we will provide this information only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case we will provide this information within 45 days of receipt of the request. We compile claim and occurrence information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. Cancellation or nonrenewal will be effective even if we inadvertently provide inaccurate information. SECTION V EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed or b. We renew or replace this Coverage Part with insurance that 1 Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part or 2 Does not apply to bodily injury or property damage on a claims made basis. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for bodily injury or property damage that occurs before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Once in effect Extended Reporting Periods may not be cancelled. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for a. Five years with respect to claims because of bodily injury and property damage arising out of an occurrence reported to us not later than 60 days after the end of the policy period in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Claim Or Suit Condition and b. Sixty days with respect to claims arising from occurrences not previously reported to us. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. A Supplemental Extended Reporting Period of unlimited duration is available but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period set forth in Paragraph 3. above ends. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The exposures insured b. Previous types and amounts of insurance c. Limits of Insurance available under this Coverage Part for future payment of damages and d. Other related factors. The additional premium will not exceed 200 of the annual premium for this Coverage Part. This endorsement shall set forth the terms not inconsistent with this section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. If the Supplemental Extended Reporting Period is in effect we will provide a supplemental aggregate limit of insurance described below but only for claims first received and recorded during the Supplemental Extended Reporting Period. The supplemental aggregate limit of insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period for the Aggregate Limit. Paragraph 2. of Section Il Limits Of Insurance will be amended accordingly. The Each Occurrence Limit shown in the Declarations will then continue to apply as set forth in Paragraph 3. of that section. CG 00380413 Insurance Services Office Inc. 2012 Page 8 of 11 | 2 |
SECTION VI DEFINITIONS 1. 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. All other parts of the world if the injury or damage arises out of goods or products made or sold by you in the territory described in Paragraph a. above 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. 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 A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 CG 00380413 Insurance Services Office Inc. 2012 Page 9 of 11 | 2 |
10. CG 00380413 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 Paragraph 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 However 2 Che rais Vehicle ord. m than the Howeve followin equipm be cons 1 Equ a b 2 Che mo anc 3 Air incl clez anc land vehicle financial re insurance garaged. Lz financial re insurance z 11. Occurrenc continuous the same g 12. Products c a. Include damage own or your w 1 Pro pos 2 Wo aba dee follc a b Insurance Services Office Inc. 2012 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. 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 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 3 However mobile equipment does not include 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. 11. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 12. 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. Page 10 of 11 | 2 |
13. 14. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are included. 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 or property damage to which this insurance applies are alleged. Suit includes 3 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. 15. 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. 16. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 17. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. CG 00380413 Insurance Services Office Inc. 2012 Page 11 of 11 | 2 |
ENDORSEMENT 002 This endorsement effective 1201 a.m. July 1 2018 forms a part of Policy No. ESG004140005 issued to INTERNET RETAIL HOLDING COMPANY by Indian Harbor Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT CONDITIONS AMENDED PERCENTAGE OPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART The Premium Audit Conditions under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS SECTION IV CONDITIONS SECTION IV PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS and SECTION IV LIQUOR LIABILITY CONDITIONS are replaced by the following Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. The advance premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. We may conduct an audit of your books to determine the actual premium bases developed during the policy period. The premium bases and minimum payroll for executive officers individual insureds and co partners used are defined in accordance with our rules and definitions. Premium shown in this Coverage Part as advance premium is a deposit premium. At the close of each audit period we will compute the earned premium for that period. If the earned premium is greater than the advance premium paid an audit premium is due. Audit premiums are due and payable on notice to the first Named Insured. Failure to pay the audit premiums due will subject this policy andor any in force policy of yours to cancellation for non payment of premium. If the total earned premium for the policy period is less than the advance premium the minimum premium for the policy period is the greater of either the actual earned premium or 90 of the advance premium. If the policy is cancelled prior to the expiration date we will retain the earned premium by an audit of your books for the period the policy was in force or the earned premium developed by multiplying the advance premium by the applicable pro rata or short rate factor whichever is greater. If you do not cooperate with allowing us to complete an audit of your books then one will be completed based upon an estimated increase in premium base of 25 for the audit period. 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. Failure to supply such records upon request will be deemed a breach of condition and subject this policy andor any in force policy of yours to cancellation for breach of conditions. We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterwards. Al other terms and conditions of this policy remained unchanged. SLC 371 0714 2014 X.L. America Inc. All Rights Reserved. Page 1 of 1 RAJA 07092018 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. | 2 |
ENDORSEMENT 003 This endorsement effective 1201 a.m. July 1 2018 forms a part of Policy No. ESG004140005 issued to INTERNET RETAIL HOLDING COMPANY by Indian Harbor Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph 2. Exclusions Bodily injury or property damage arising out of 1 Exposure to lead lead paint or any material waste equipment or device containing lead or paint containing lead or any dust particles or paint chips containing lead regardless of whether such lead is in or on any structure or in the soil or groundwater containing lead or lead paint. Exposure includes but is not limited to the ingestion inhalation or absorption of lead in any form or The existence removal or abatement of lead lead paint or any material containing lead or lead paint including without limitation a The costs of lead or lead paint removal or b Property damage or any other injury or damage suffered in the course of effecting such removal. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office Inc. with its permission. SLC 704 0912 2012 XL America Inc. All Rights Reserved. May not be copied without permission. RAJA 07092018 | 2 |
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