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C. The following is added and supersedes any provisions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 Insurance Services Office Inc. 2017 IL02591217 | 2 |
IL 02 5109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEVADA 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following are added to the Cancellation Com 6 A determination by the commissioner mon Policy Condition that continuation of our present volume 7.a. Midterm Cancellation of premiums would jeopardize our solvency or be hazardous to the in If this policy has been in effect for 70 days or terests of our policyholders creditors or more or if this policy is a renewal of a policy the public we issued we may cancel only for one or I. more of the following reasons 7 A determination vby the commissioner that the continuation of the policy would 1 Nonpayment of premium violate or place us in violation of any 2 Conviction of the insured of a crime provision of the code. arising out of acts increasing the hazard b. Anniversary Cancellation insured against. T 3. If this policy is written for a term longer 3 Discovery of fraud or material misrepres than one year we may cancel for any reas entation in obtaining the policy or in on at an anniversary by mailing or deliver presenting a claim thereunder ing written notice of cancellation to the first 4 Discovery of an act or omission or a viola Named Insured at the last mailing address tion of any condition of the policy which known to us at least 60 days before the an occurred after the first effective date of niversary date. the current policy and substantially and B. The following is added as an additional Condition materially increases the hazard insured and supersedes any other provision to the against contrary 5 A material change in the nature or extent NONRENEWAL of the risk occurring after the first effect i ve date of the current policy which causes the risk of loss to be substantially and materially increased beyond that con templated at the time the policy was is sued or last renewed 1. If we elect not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations a notice of intention not to re new at least 60 days before the agreed expira tion date. If notice is mailed proof of mailing will be suffi cient proof of notice. Cancellation Com effect for 70 days or 2 renewal of a policy cel only for one or sons am sured of a crime creasing the hazard material misrepres the policy or in reunder omission or a viola of the policy which 1SO Properties Inc. 2006 Page 1 of 2 IL 02 51 09 07 | 2 |
2. We need not provide this notice if a. b. You have accepted replacement coverage You have agreed to nonrenewal or requested or. This policy is expressly designated as nonrenewable. C. Notices 1. Notice of cancellation or nonrenewal in accord ance with A. and B. above will be mailed first class or certified or delivered to the first Named Insured at the last mailing address known to us and will state the reason for can cellation or nonrenewal.. We will also provide a copy of the notice of cancellation for both policies in effect less than 70 days and policies in effect 70 days or more to the agent who wrote the policy. Page 2 of 2 1SO Properties Inc. 2006 IL 02 51 09 07 | 2 |
IL011501 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEVADA CHANGES DOMESTIC PARTNERSHIP This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. All references to spouse shall include an individu al who is in a domestic partnership recognized un der Nevada law.. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or domestic partnership recognized under Nevada law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or domestic partnership re cognized under Nevada law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Cover age Part the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or domestic partner ship recognized under Nevada law who is a resid ent of your household including a ward or foster child. Insurance Services Office Inc. 2009 Page 1 of 1 IL01150110 | 2 |
POLICY NUMBER GL 4056109 POLICY NUMBER GL 4056109 COMMERCIAL GENERAL LIABILITY CG 21290413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW HAMPSHIRE AMENDMENT OF LIQUOR LIABILITY EXCLUSION EXCEPTION FOR SCHEDULED ACTIVITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE New Hampshire Law. Description Of Activityies A1l New Hampshire premises of the Insured as required by Information required to complete this Schedule if not shown above will be shown in the Declarations. The following replaces Exclusion c. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to 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. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. However this exclusion does not apply to bodily injury or property damage arising out of the selling serving or furnishing of alcoholic beverages at the specific activityies described in the Schedule above. CG 21290413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01120615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW HAMPSHIRE CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. If Endorsement CG 21 09 CG 21 10 CG 24 50 or D. The definitions of auto and mobile equipment in CG 24 51 is attached to the Policy Paragraph A.2.g.2e of Endorsement CG 21 09 CG 21 10 CG 24 50 or CG 24 51 whichever is attached is replaced by the following Bodily injury or property damage arising out of the operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment.. If Paragraph A. of this endorsement does not apply Paragraph g.5 under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Bodily injury or property damage arising out of the operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment.. The following paragraph is added to Section Il Who Is An Insured 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. the Definitions section are replaced by the following 1. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. 2. 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 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 CG 01120615 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Page 2 of 2 Insurance Services Office Inc. 2015 CG 01120615 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 5511 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW HAMPSHIRE CHANGES AMENDMENT OF REPRESENTATIONS CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The Representations Condition is replaced by 2. Any intentional the following a. Misrepresentation REPRESENTATIONS b. Omission 1. You represent that all information and state 2 c. Concealment or ments contained in the Declarations are true accurate and complete. All such information d. Misstatement of a material fact and statements are the basis for our issuing in the Declarations or otherwise which relates this policy. to a particular claim shall be grounds to deny coverage. CG 26 551108 Insurance Services Office Inc. 2008 Page 1 of 1 | 2 |
IL01350119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW HAMPSHIRE CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common 3. We will mail or physically deliver our notice to Policy Condition are replaced by the following 2.a. We may cancel this Policy by mailing or physic ally delivering to you written notice of cancellation stating the reasons for cancellation at least 1 10 days before the effective date of cancella tion if a We cancel for nonpayment of premium b We cancel for substantial hazard or c This is a new policy and its cancellation notice is mailed within the first 60 days of the effective date. 2 60 days before the effective date of cancella tion if Paragraph 2.a.1 of this endorsement does not apply.. If this Policy has been in effect for 60 days or more or if this is a renewal of a policy we issued we may cancel only for one or more of the follow ing reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation affecting the Policy or in the presentation of a claim thereunder or violation of any of the terms or conditions of the Policy or 3 Substantial increase in hazard provided that cancellation for this reason shall be effective only after prior approval of the Commissioner increase in your last mailing address known to us. If no tice is mailed it will be by a. Certified mail or certificate of mailing if can cellation is for nonpayment of premium or b. Certified mail if cancellation is for any oth er reason. Proof that the notice was mailed in accord ance with Paragraph 3.a. or 3.b. will be suffi cient proof of notice. B. Paragraph 6. of the Cancellation Common Policy Condition is deleted. C. The following is added and supersedes any provi sion to the contrary Nonrenewal 1. If we elect not to renew this Policy we will mail or physically deliver written notice of nonrenewal stating the reasons for nonrenewal to your last mailing address known to us at least 60 days prior to the expir ation of the Policy or its anniversary date if it is a policy written for a term of more than one year. 2. However we need not mail or physically deliv er this notice if a We have indicated a willingness to renew b We refuse to renew due to nonpayment of premium c You do not pay any advance premium re quired by us for renewal or ct for 60 days or a policy we issued more of the follow Insurance Services Office Inc. 2018 Page 1 of 2 IL 01350119 | 2 |
d Any property covered in this Policy is in sured under any other insurance policy. 3. If notice is mailed proof of mailing will be sufficient proof of notice. Page 2 of 2 Insurance Services Office Inc. 2018 IL01350119 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01520417 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW HAMPSHIRE CHANGES PREMIUM AUDIT CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. Paragraph b. of Conditon 5. Premium Audit is replaced by the following 5. Premium Audit b. Premium shown in this Coverage Part or policy 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. An audit to determine the final premium due or to be refunded will be completed within 120 days after the expiration or cancellation of the policy provided there is no bona fide dispute. Except as provided in this Paragraph b. the Examination Of Your Books And Records Condition continues to apply. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. Except as provided in this Paragraph b. the Examination Of Your Books And Records Condition continues to apply. CG 01520417 Insurance Services Office Inc. 2016 Page 1 of 1 | 2 |
POLICY NUMBER GL 4056109 ICY NUMBER GL 4056109 COMMERCIAL GENERAL LIABILITY CG 27 19 07 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW HAMPSHIRE EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee 2000000 Aggregate Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 Each Employee Programs ploy 250000 Included Retroactive Date 112005 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages Coverage Employee Benefits Liability 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking dam ages to which this insurance does not apply. We may at our discretion investig ate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under Supple mentary Payments.. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. 3. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or CG 27 19 07 09 Insurance Services Office Inc. 2009 Page 1 of 6 | 2 |
2 When we make settlement in accord ance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured.. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Mali cious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless viol ation of any statute.. Bodily Injury Property Damage Or Per sonal And Advertising Injury Bodily injury property damage or personal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program.. Inadequacy of Performance of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable be cause of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reason able effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was au thorized to administer your employee be nefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Page 2 of 6 Insurance Services Office Inc. 2009 CG 27 19 07 09 | 2 |
c. 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 endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or lim ited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. b. Coverage under this provision does not ap ply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee be nefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that ap ply to the payment of benefits in any plan included in the employee benefit program. The Limits apply separ period and than 12 mor the policy pi the policy attached ur after issuan than 12 mo period will b ing period fc its of Insurar 2. Deductible a. Our oblig the insur damages amount able to E ance she this dedu b. The ded. ule appll any on employe beneficia omission c. The ter those wit 1 Ourr seeki 2 Your involv error apply irre deductibl d. We may ible amc claim the actio burse us amount E. For the purpose endorsement C Commercial replaced by the 2. Duties In 1 Omission a. You mus soon as sion whi extent pc 1 What when CG 27 1907 09 Insurance Services Office Inc. 2009 The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preced ing period for purposes of determining the Lim its of Insurance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applic able to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Sched ule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deduct ible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reim burse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and Page 3 of 6 | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and oth er 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 en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment as sume any obligation or incur any expense without our consent.. Other Insurance 3 4 If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the begin ning of the policy period shown in the Schedule of this insurance and that ap plies to an act error or omission on oth er than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over oth er insurance we will pay only our share of the amount of the loss if any that ex ceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this endorsement. Page 4 of 6 Insurance Services Office Inc. 2009 CG 27 19 07 09 | 2 |
c. Method Of Sharing 5. A Supplem If all of the other insurance permits contribu Endorsemer tion by equal shares we will follow this tional charg method also. Under this approach each in for five yea surer contributes equal amounts until it has ded Reporti paid its applicable limit of insurance or ends. none of the loss remains whichever comes 6. You must g first. plemental E If any of the other insurance does not per ment wwhn mit contribution by equal shares we will pohqy perioc contribute by limits. Under this method porting Peric each insurer s share is based on the ratio pay the add of its applicable limits of insurance to the and any pre total applicable limits of insurance of all coverage p insurers. Once in effe porting Peric F. For the purposes of the coverage provided by this. endorsement the following Extended Reporting We will dee Period provisions are added or if this endorse cordance wi ment is attached to a claims made Coverage Part we may take replaces any similar section in that Coverage Part a. The em Extended Reporting Periods b. Previous 1. We will provide one or more Extended Report c. Limit of ing Periods as described below if dorseme a. This endorsement is cancelled or not and renewed or d. Other rel b. We renew or replace this endorsement with The additior insurance that of the annua 1 Has a Retroactive Date later than the 7. The Supplel date shown in the Schedule of this Endorsemer endorsement or set forth the 2 Does not apply to any act error or omis section app sion on a claims made basis. ded Reporti 3 the effect 2. Extended Reporting Periods do not extend the claims first policy period or change the scope of coverage cess over al provided. They apply only to claims for acts ance availat errors or omissions that were first committed Supplement before the end of the policy period but not be starts. fore the Retroactive Date if any shown in the Schedule. Once in effect Extended Reporting 8. The Supplel Endorsemer Periods may not be cancelled. Y tended Repc 3. A Basic Extended Reporting Period is automat surance des ically provided without additional charge if this first receivec endorsement is cancelled or nonrenewed by mental Exte either you or us for any reason. This Basic Ex plemental E tended Reporting Period starts with the end of extend the p the policy period and lasts for sixty 60 days. Paragraph The Basic Extended Reporting Period does amended a not apply to claims that are covered under Limit shown any subsequent insurance you purchase or to apply as that would be covered but for the exhaustion of the amount of insurance applicable to such claims. 4. The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. CG 27 1907 09 Insurance Services Office Inc. 2009 5. A Supplemental Extended Reporting Period Endorsement is available but only for an addi tional charge. The supplemental period lasts for five years starting when the Basic Exten ded Reporting Period set forth in Paragraph 3. ends. 6. You must give us a written request for the Sup plemental Extended Reporting Period Endorse ment within thirty 30 days after the end of the policy period. The Supplemental Extended Re porting Period will not go into effect unless you pay the additional premium promptly when due and any premium or deductible you owe us for coverage provided under this endorsement. Once in effect the Supplemental Extended Re porting Period may not be cancelled. We will determine the additional premium in ac cordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limit of Insurance available under this en dorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. 7. The Supplemental Extended Reporting Period Endorsement applicable to this coverage shall set forth the terms not inconsistent with this section applicable to the Supplemental Exten ded Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is ex cess over any other valid and collectible insur ance available under policies in force after the Supplemental Extended Reporting Period starts. 8. The Supplemental Extended Reporting Period Endorsement will provide a Supplemental Ex tended Reporting Period Aggregate Limit Of In surance described below but only for claims first received and recorded during the Supple mental Extended Reporting Period. The Sup plemental Extended Reporting Period will not extend the policy period. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. Page 5 of 6 | 2 |
G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hear ing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally avail able to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally avail able to all employees who are eligible un der the plan for such benefits H. F el i c. Unemployment insurance social security benefits workers compensation and disab ility benefits d. Vacation plans including buy and sell programs leave of absence programs in cluding military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. or the purposes of the coverage provided by this ndorsement Definitions 5. and 18. in the Defini ons Section are replaced by the following 5. Employee means a person actively 18. employed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 Insurance Services Office Inc. 2009 CG 27 19 07 09 | 2 |
IL 02 08 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Pursuant to New Jersey law this policy can not be cancelled or nonrenewed for any underwriting reason or guideline which is arbitrary capricious or unfairly discriminatory or without adequate prior notice to the insured. The underwriting reasons or guidelines that an insurer can use to cancel or nonrenew this policy are maintained by the in surer in writing and will be furnished to the insured andor the insured s lawful representative upon written request. This provision shall not apply to any policy which has been in effect for less than 60 days at the time notice of cancellation is mailed or delivered unless the policy is a renewal policy.. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. If this policy has been in effect for less than 60 days we may cancel this policy for any reason subject to the following a. We may cancel this policy by mailing or de livering to the first Named Insured and any person entitled to notice under this policy written notice of cancellation at least 1 10 days before the effective date of can cellation if we cancel for a Nonpayment of premium or b Existence of a moral hazard as defined in N.J.A.C. 111 20.2f as follows i The risk danger or probability that the insured will destroy or permit to be destroyed the in sured property for the purpose of collecting the insurance proceeds. Any change in the cir cumstances of an insured that will increase the probability of such a destruction may be con sidered a moral hazard and i The substantial risk danger or probability that the character cir cumstances or personal habits of the insured may increase the possibility of loss or liability for which an insurer will be held responsible. Any change in the character or circumstances of an individual corporate partnership or other insured that will increase the probability of such a loss or li ability may be considered a moral hazard. 1SO Properties Inc. 2006 Page 1 0of 3 IL 02 08 09 07 | 2 |
2 30 days before the effective date of can cellation if we cancel for any other reason. b. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. C. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of Policies In Effect For 60 Days Or More a. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 Existence of a moral hazard as defined in N.J.A.C. 111 20.2f 3 Material misrepresentation or nondis closure to us of a material fact at the time of acceptance of the risk Increased hazard or material change in the risk assumed which we could not have reasonably contemplated at the time of assumption of the risk Substantial breaches of contractual duties conditions or warranties that ma terially affect the nature andor insurabil ity of the risk Lack of cooperation from the insured on loss control matters materially affecting insurability of the risk Fraudulent acts against us by the in sured or its representative that materi ally affect the nature of the risk insured 8 Loss of or reduction in available insur ance capacity 9 Material increase in exposure arising out of changes in statutory or case law subsequent to the issuance of the insur ance contract or any subsequent renewal 10 Loss of or substantial changes in applic able reinsurance 11 Failure by the insured to comply with any Federal State or local fire health safety or building or construction regulation law or ordinance with re spect to an insured risk which substan tially increases any hazard insured against within 60 days of written notifica tion of a violation of any such law regu lation or ordinance 4 5 6 7 12 Failure by the insured to provide reason able and necessary underwriting inform ation to us upon written request there fore and a reasonable opportunity to respond. 13 Agency termination provided a We document that replacement cov erage at comparable rates and terms has been provided to the first Named Insured and we have in formed the first Named Insured in writing of the right to continue cover age with us or b We have informed the first Named Insured in writing of the right to con tinue coverage with us and the first Named Insured has agreed in writing to the cancellation or nonre newal based on the termination of the first Named Insured s appointed agent. 14 Any other reasons in accordance with our underwriting guidelines for cancella tion of commercial lines coverage. b. If we cancel this policy based on Para graph 7.a.1 or 2 above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy at least 10 days before the effective date of cancellation. If we can cel this policy for any other reason listed above we will mail or deliver a written no tice to the first Named Insured and any per son entitled to notice under this policy not more than 120 days nor less than 30 days before the effective date of such cancellation. c. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. For cancellation due to the nonpayment of premium the no tice will state the effect of nonpayment by the due date. Cancellation for nonpayment of premium will not be effective if payment of the amount due is made before the ef fective date set forth in the notice. d. Notice will be sent to the last mailing ad dresses known to us by 1 Certified mail or 2 First class mail if we have obtained from the post office a date stamped proof of mailing showing names and addresses. Page 2 of 3 1SO Properties Inc. 2006 IL 02 08 09 07 | 2 |
2. This notice will be sent to the first Named In sured at the last mailing address known to us by a. Certified mail or b. First class mail if we have obtained from the post office a date stamped proof of mail ing showing the first Named Insured s name and address. 3. We need not mail or deliver this notice if you have a. Replaced coverage elsewhere or b. Specifically requested termination. e. We need not send notice of cancellation if you have 1 Replaced coverage elsewhere or 2 Specifically requested termination. D. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. We may elect not to renew this policy for any reason permitted to cancel it. If we elect not to renew this policy we will mail a notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 30 days but not more than 120 days before the expiration date of this policy. If this policy does not have a fixed expiration date it shall be deemed to expire annually on the anniversary of its inception. 1SO Properties Inc. 2006 Page 3 of 3 IL 02 08 09 07 | 2 |
IL 01410908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The term spouse is replaced by the following C. With respect to coverage for the ownership. maintenance or use of covered autos provided gvuj rsyvy to civil union recognized under under the Commercial Liability Umbrella Cover. age Part the term family member is replaced by B. Under the Commercial Auto Coverage Part the the following term family member is replaced by the following Family member means a person related to you Family member means a person related to the by blood adoption marriage or civil union recog 1. Individual Named Insured by blood adoption nized under New Jersey law who is a resident of marriage or civil union recognized under New your household including a ward or foster child. Jersey law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under New Jersey law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. Insurance Services Office Inc. 2008 Page 1 of 1 IL 01410908 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 53 06 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES COVERAGE AND EXCLUSION LIABILITY FOR HAZARDS OF LEAD MULTIPLE PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For premises constructed in or after 1978 or premises constructed prior to 1978 which have been certified prior to the policy period as being free of existing lead hazards pursuant to stand ards established by the Department of Com munity Affairs the following is added to Exclu sion f. Pollution of Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability and to any amendment to the pollution exclusion which is added by endorsement to this policy 2. Exclusions f. Pollution This exclusion does not apply to bodily injury arising out of lead contamination or out of the inhalation ingestion use handling or contact with lead paint 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. This provision will also apply to any premises which receives such certification during the policy period but only if you notify us of such cer tification within 30 days after the certification is received and only for bodily injury which oc curs after such certification. B. For premises constructed prior to 1978 and which have not been certified as being free of ex isting lead hazards pursuant to standards estab lished by the Department of Community Affairs and until certified thereafter as described in A. the following is added to Paragraph 2. Exclu sions of Section Coverage A Bodily In jury And Property Damage Liability This insurance does not apply to Bodily injury caused in whole or in part either directly or indirectly by lead paint or lead contamination or arising out of or incidental to the inhalation ingestion use handling or con tact with lead paint or lead contamination. CG 26 53 06 99 Copyright Insurance Services Office Inc. 1999 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26201093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES LOSS INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE VERSION The following Condition is added TO COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV 10.Your Right to Loss Information We will provide the first Named Insured shown in the Declarations the following loss information re lating to this and any preceding general liability Coverage Part we have issued to you during the previous three years a. A list or other record of each occurrence of which we were notified in accordance with paragraph 2.a. of the Duties in the Event of Occurrence Offense Claim or Suit Condition in this Section. We will include a brief descrip tion of the occurrence and information on whether any claim arising out of the occurrence is open or closed. b. A summary by policy year of payments made and amounts reserved stated separately un der any applicable General Aggregate Limit and Products Completed Operations Aggreg ate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be re garded as ultimate settlement values. You must not disclose this information to any claimant or any claimant s representative without our consent. We will provide this information only if we receive a written request from the first Named Insured dur ing the policy period. We will provide this informa tion within 45 days of receipt of the request. We compile claim and occurrence information for our own business purposes and exercise reas onable care in doing so. In providing this informa tion to the first Named Insured we make no rep resentations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. CG 26201093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
IL 0298 05 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW MEXICO CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Permissible Reasons And Notice Period a. If this Policy has been in effect less than 60 days and is not a renewal of a policy we issued we may cancel for any reason by mailing or delivering to the first Named Insured written notice of cancellation at least 10 days before the effective date of cancellation provided that the cancellation becomes effective before the Policy has been in effect for 60 days.. If Paragraph a. does not apply we may cancel only for one or more of the following reasons 1 Nonpayment of premium. 2 There has been a substantial change in the risk assumed by us since the Policy was issued. 3 The Policy was obtained through material misrepresentation fraudulent statements omissions or concealment of fact material to the acceptance of the risk or to the hazard assumed by us. Willful and negligent acts or omission by the insured have substantially increased the hazards insured against. 5 You presented a claim based on fraud or material misrepresentation. 4 c. If we cancel subject to 2.b. above we will mail or deliver to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation for the reason set forth in 2.b.1. 2 30 days before the effective date of cancellation for the reason set forth in 2.b.2. 3 15 days before the effective date of cancellation for a reason set forth in 2.b.3 2.b.4 or 2.b.5. The written notice will state the reason for cancellation except that such statement may be omitted from a notice mailed to an additional insured or lienholder under this Policy. B. The following condition is added and supersedes any provision to the contrary Nonrenewal If we decide not to renew this Policy we will mail to the first Named Insured written notice of the nonrenewal not less than 30 days before the expiration date of the Policy. Proof of mailing will be sufficient proof of notice. ommon Policy e Period t less than 60 f a policy we ny reason by first Named ancellation at ective date of e cancellation e Policy has oply we may f the following Insurance Services Office Inc. 2014 Page 1 of 1 IL 0298 05 15 | 2 |
IL 02 68 01 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 1. 2. 3. and 5. of the Cancellation Common Policy Condition are replaced by the 2 Conviction of a crime arising out of acts increasing the hazard insured against following 3 1. The first Named Insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation Of Policies In Effect a. 60 Days Or Less We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.b. below. 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph A.2.b. below. b. For More Than 60 Days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed below provided we mail the first Named Insured written notice at least 15 days before the effective date of cancellation 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period Material physical change in the property insured occurring after issuance or last annual renewal anniversary date of the policy which results in the property becoming uninsurable in accordance with our objective uniformly applied underwriting standards in effect at the time the policy was issued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed 6 Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public 4 s Insurance Services Office Inc. 2013 Page 10of 5 IL 0268 0114 | 2 |
7 A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code or 8 Where we have reason to believe in good faith and with sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds. If we cancel for this reason you may make a written request to the Department of Financial Services within 10 days of receipt of this notice to review our cancellation decision. Also we will simultaneously send a copy of this cancellation notice to the Department of Financial Services. 3. We will mail or deliver our notice including the reason for cancellation to the first Named Insured at the address shown in the policy and to the authorized agent or broker. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata. Under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. B. The following is added to the Cancellation Common Policy Condition 7. If one of the reasons for cancellation in Paragraph A.2.b. or D.2.b.2 exists we may cancel this entire policy even if the reason for cancellation pertains only to a new coverage or endorsement initially effective subsequent to the original issuance of this policy. C. The following conditions are added 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph C.3. below. 2. Conditional Renewal If we conditionally renew this policy subject to a. A change of limits. A change in type of coverage. A reduction of coverage. An increased deductible. An addition of exclusion or.Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating loss rating retrospective rating or audit we will send notice as provided in Paragraph C.3. below. 0 20 T. Notices Of Nonrenewal And Conditional Renewal a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs C.1. and C.2. above we will mail or deliver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before 1 The expiration date or 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first Named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph C.3.a. b. or c. above by sending the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates untii 60 days after such notice is mailed or delivered unless the first Named Insured during this 60 day period has replaced the coverage or elects to cancel Page 2 of 5 Insurance Services Office Inc. 2013 IL 0268 0114 | 2 |
e. D. The 2 And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first Named Insured during this additional policy period has replaced the coverage or elects to cancel. If you elect to renew on the basis of a late conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period unless Subparagraph 2 below applies or 2 Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. following provisions apply when the Commercial Property Coverage Part the Farm Coverage Part or the Capital Assets Program Output Policy Coverage Part is made a part of this policy 1. Items D.2. and D.3. apply if this policy meets the following conditions a. The policy is issued or issued for delivery in New York State covering property located in this state and b. The policy insures 1 For loss of or damage to structures other than hotels or motels used predominantly for residential purposes and consisting of no more than four dwelling units or 2 For loss of or damage to personal property other than farm personal property or business property or 3 Against damages arising from liability for loss of damage to or injury to persons or property except liability arising from business or farming and c. The portion of the annual premium attributable to the property and contingencies described in 1.b. exceeds the portion applicable to other property and contingencies. 2. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Procedure And Reasons For Cancellation a. We may cancel this entire policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 15 days before the effective date of cancellation if we cancel for nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due or 30 days before the effective date of cancellation if we cancel for any other reason. b. But if this policy 1 Has been in effect for more than 60 days or 2 Is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due 2 Conviction of a crime arising out of acts increasing the risk of loss 3 Discovery of fraud or material misrepresentation in obtaining the policy or in making a claim 4 Discovery of willful or reckless acts or omissions increasing the risk of loss 5 Physical changes in the covered property that make that property uninsurable in accordance with our objective and uniformly applied underwriting standards in effect when we a Issued the policy or b Last voluntarily renewed the policy Insurance Services Office Inc. 2013 Page 3 of 5 IL 0268 0114 | 2 |
6 The Superintendent of Financial Services determination that continuing the policy would violate Chapter 28 of the Insurance Law or Required pursuant to a determination by the Superintendent of Financial Services that the continuation of our present premium volume would be hazardous to the interests of our policyholders our creditors or the public. 3. The following are added a. Conditional Continuation Instead of cancelling this policy we may continue it on the condition that 1 The policy limits be changed or 2 Any coverage not required by law be eliminated. If this policy is conditionally continued we will mail or deliver to the first Named Insured written notice at least 20 days before the effective date of the change or elimination. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. b. Nonrenewal If as allowed by the laws of New York State we 1 Do not renew this policy or 2 Condition policy renewal upon a Change of limits or b Elimination of coverage we will mail or deliver written notice of nonrenewal or conditional renewal a At least 45 days but b Not more than 60 days before the expiration date of the policy. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. E. The following is added to the Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions the Commercial Property Coverage Part and the Capital Assets Program Output Policy Coverage Part When the property is subject to the Anti arson Application in accordance with New York Department of Financial Services Insurance Regulation No. 96 the following provisions are added If you fail to return the completed signed and affirmed anti arson application to us 1. Or our broker or agent within 45 days of the effective date of a new policy we will cancel the entire policy by giving 20 days written notice to you and to the mortgageholder shown in the Declarations. 2. Before the expiration date of any policy we will cancel the policy by giving written notice to you and to the mortgageholder shown in the Declarations at least 15 days before the effective date of cancellation. The cancellation provisions set forth in E.1. and E.2. above supersede any contrary provisions in this policy including this endorsement. If the notice in E.1. or E.2. above is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. F. The following applies to the Commercial Property Coverage Part the Farm Coverage Part and the Capital Assets Program Output Policy Coverage Part Paragraphs f. and g. of the Mortgageholders Condition are replaced by the following f. Cancellation 1 If we cancel this policy we will give written notice to the mortgageholder at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or b 30 days before the effective date of cancellation if we cancel for any other reason. Page 4 of 5 Insurance Services Office Inc. 2013 IL 0268 0114 | 2 |
2 If you cancel this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only cancellation will become effective on the later of a The effective date of cancellation of the insured s coverage or b 10 days after we give notice to the mortgageholder. g. Nonrenewal 1 If we elect not to renew this policy we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. 2 If you elect not to renew this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only nonrenewal will become effective on the later of a The expiration date of the policy or b 10 days after we give notice to the mortgageholder. G. The following provisions apply when the following are made a part of this policy Commercial General Liability Coverage Part Employment Related Practices Liability Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part 1. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph C.3.d. above.. The last sentence of Limits Of Insurance does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice. Insurance Services Office Inc. 2013 Page 5of 5 IL 0268 0114 | 2 |
COMMERCIAL GENERAL LIABILITY CG 016307 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1. Insuring Agreement of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 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 even if the allegations of the suit are groundless false or fraudulent. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section ll Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. 2 No other obligation or liability to pay sums or perform acts or services is covered unless explicitty 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 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or CG 01630711 Insurance Services Office Inc. 2010 Page 1 of 3 | 2 |
3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. B. Paragraph 1.a. of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages even if the allegations of the suit are groundless false or fraudulent. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section ll 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 and B or medical expenses under Coverage c. No other obligation or liability to pay sums or perform acts or services is covered unless explicitty provided for under Supplementary Payments Coverages A and B. C. The following is added as Paragraph e. to the Duties In The Event Of Occurrence Offense Claim Or Suit Condition Paragraph 2. of Section IV Commercial General Liability Conditions e. Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. D. Paragraph 3. of Section IV Commercial General Liability Conditions is replaced by the following 3. Legal Action Against Us a. Except as provided in Paragraph b. no person or organization has a right under this Coverage Part 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. b. With respect to bodily injury and personal and advertising injury claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. Page 2 of 3 Insurance Services Office Inc. 2010 CG 016307 11 | 2 |
E. The following provision is added and supersedes any provision to the contrary Failure to give notice to us as required under this Coverage Part shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. F. The definition of loading or unloading in the Definitions Section does not apply. CG 01630711 Insurance Services Office Inc. 2010 Page 3 of 3 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01041204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES PREMIUM AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph b. of the Premium Audit Condition B. Except as provided in Paragraph A. above the Section IV is replaced by the following Examination Of Your Books And Records PREMIUM AUDIT Common Policy Condition continues to apply. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro spective premiums is the date shown as the due date on the bill. An audit to de termine the final premium due or to be re funded will be completed within 180 days after the expiration date of the policy. But the audit may be waived if the total annu al premium attributable to the auditable exposure base is not reasonably expec ted to exceed 1500. If the sum of the ad vance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. CG 01041204 1SO Properties Inc. 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Condition is added to COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV Transfer of Duties When a Limit of Insurance Is Used Up. a. If we conclude that based on occurrences offenses claims or suits which have been repor ted to us and to which this insurance may apply the 1 General Aggregate Limit other than the Products Completed Operations Aggregate Limit Products Completed Operations Aggregate Limit 3 Personal and Advertising Injury Limit 4 Each Occurrence Limit or 5 Fire Damage Limit is likely to be used up in the payment of judgments or settlements we will notify the first Named Insured in writing to that effect. b. When a limit of insurance described in paragraph a. above has actually been used up in the pay ment of judgments or settlements 1 We will notify the first Named Insured in writing as soon as practicable that a Such a limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 We will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. We agree to take such steps as we de appropriate to avoid a default in or conti the defense of such suits until such tran is completed provided the appropriate sured is cooperating in completing s transfer. We will take no action whatsoever with spect to any claim or suit seeking dama that would have been subject to that limit it not been used up if the claim or suit is ported to us after that limit of insurance been used up. The first Named Insured and any other sured involved in a suit seeking dama subject to that limit must arrange for the fense of such suit within such time perioc agreed to between the appropriate insu and us. Absent any such agreement arran ments for the defense of such suit must made as soon as practicable.. The first Named Insured will reimburse us for penses we incur in taking those steps we de appropriate in accordance with paragraph b above. The duty of the first Named Insured to reimbu us will begin on 1 The date on which the applicable limit of in ance is used up if we sent notice in acce ance with paragraph a. above or 2 The date on which we sent notice in accc ance with paragraph b.1 above if we did send notice in accordance with paragrapt above.. The exhaustion of any limit of insurance by payments of judgments or settlements and resulting end of our duty to defend will not be fected by our failure to comply with any of the We agree to take such steps as we deem appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate in sured is cooperating in completing such transfer. We will take no action whatsoever with re spect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is re ported to us after that limit of insurance has been used up. The first Named Insured and any other in sured involved in a suit seeking damages subject to that limit must arrange for the de fense of such suit within such time period as agreed to between the appropriate insured and us. Absent any such agreement arrange ments for the defense of such suit must be made as soon as practicable.. The first Named Insured will reimburse us for ex penses we incur in taking those steps we deem appropriate in accordance with paragraph b.2 above. The duty of the first Named Insured to reimburse us will begin on 1 The date on which the applicable limit of insur ance is used up if we sent notice in accord ance with paragraph a. above or 2 The date on which we sent notice in accord ance with paragraph b.1 above if we did not send notice in accordance with paragraph a. above.. The exhaustion of any limit of insurance by the payments of judgments or settlements and the resulting end of our duty to defend will not be af fected by our failure to comply with any of the pro visions of this Condition. CG 26211091 Copyright Insurance Services Office Inc. 1991 Page 1 of 1 | 2 |
IL 02 69 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH CAROLINA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Cancellation Requirements b An act or omission by the insured or his or her representative that consti tutes material misrepresentation or nondisclosure of a material fact in a. Policies In Effect Less Than 60 Days obtaining this policy continuing this If this policy has been in effect for less than policy or presenting a claim under 60 days we may cancel this policy by mail this policy ing or delivering to the first Named Insured c Increased hazard or material written notice of cancellation at least change in the risk assumed that 1 15 days before the effective date of can could not have been reasonably con cellation if we cancel for nonpayment of templated by the parties at the time premium or of assumption of the risk 2 30 days before the effective date of can d Substantial breach of contractual cellation if we cancel for any other duties conditions or warranties that reason. materially affects the insurability of b. Policies In Effect More Than 60 Days the risk... e A fraudulent act against us by the in If this policy has been in elffefct for 60 days sured or his or her representative or more or is a renewal of a policy we that materially affects the insurability issued we may cancel this policy prior to of the risk the f Willful failure by the insured or his or 1 Expiration of the policy term or 2 Anniversary date stated in the policy only for one or more of the following reasons a Nonpayment of premium her representative to institute reas onable loss control measures that materially affect the insurability of the risk after written notice by us 1SO Properties Inc. 2007 Page 1 of 2 IL 02 69 09 08 | 2 |
g Loss of facultative reinsurance or loss of or substantial changes in ap plicable reinsurance as provided in G.S. 58 41 30 Conviction of the insured of a crime arising out of acts that materially af fect the insurability of the risk i A determination by the Commission er of Insurance that the continuation of the policy would place us in viola tion of the laws of North Carolina or You fail to meet the requirements contained in our corporate charter articles of incorporation or by laws when we are a company organized for the sole purpose of providing members of an organization with in surance coverage in North Carolina. h G We will mail or deliver written notice of can cellation to the first Named Insured at least i 15 days before the effective date of cancellation if we cancel for nonpayment of premium or ii 30 days before the effective date of cancellation if we cancel for any other reason.. Cancellation for nonpayment of premium will not become effective if you pay the premium amount due before the effective date of cancellation.. We may also cancel this policy for any reas on not stated above provided we obtain your prior written consent. B. The following provisions are added and super sede any other provisions to the contrary 1. Nonrenewal a. c. If we elect not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of nonrenewal at least 45 days prior to the 1 Expiration of the policy if this policy has been written for one year or less or 2 Anniversary date of the policy if this policy has been written for more than one year or for an indefinite term. We need not mail or deliver the notice of nonrenewal if you have 1 Insured property covered under this policy under any other insurance policy 2 Accepted replacement coverage or 3 Requested or agreed to nonrenewal of this policy. If notice is mailed proof of mailing will be sufficient proof of notice. 2. The written notice of cancellation or nonrenew al will a. b. Be mailed or delivered to the first Named Insured and any designated mortgagee or loss payee at their addresses shown in the policy or if not indicated in the policy at their last known addresses and State the reason or reasons for cancella tion or nonrenewal. Page 2 of 2 1SO Properties Inc. 2007 IL 02 69 09 08 | 2 |
IL 02 36 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OKLAHOMA 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. b. 10 days before the effective date of cancella tion if we cancel for nonpayment of premium or 30 days before the effective date of cancella tion if we cancel for any other reason. After coverage has been in effect for more than 45 business days or after the effective date of a renewal of this policy no notice of cancellation will be issued by us unless it is based on at least one of the following reasons 1 Nonpayment of premium 2 Discovery of fraud or material misrepres entation in the procurement of the insur ance or with respect to any claims submit ted under it 3 Discovery of willful or reckless acts or omissions by you that increase any haz ard insured against 4 The occurrence of a change in the risk that substantially increases any hazard in sured against after insurance coverage has been issued or renewed 5 A violation of any local fire health safety building or construction regula tion or ordinance with respect to any covered property or its occupancy that substantially increases any hazard in sured against A determination by the Insurance Com missioner that the continuation of the policy would place us in violation of the insurance laws of this state 7 Your conviction of a crime having as one of its necessary elements an act in creasing any hazard insured against or 8 Loss of or substantial changes in applic able reinsurance. B. The following are added to the Common Policy Conditions and supersede any provisions to the contrary 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured at least 45 days before 1 The expiration date of this policy or 2 An anniversary date of this policy if it is written for a term longer than one year or with no fixed expiration date. 1SO Properties Inc. 2006 Page 1 of 2 IL 02 36 09 07 | 2 |
c. If notice is mailed 1 It will be considered to have been giv en to the first Named Insured on the day it is mailed. 2 Proof of mailing will be sufficient proof of notice. d. If the first Named Insured accepts the renewal the premium increase or cover age changes will be effective the day fol lowing the prior policy s expiration or an niversary date. e. If notice is not mailed or delivered at least 45 days before the expiration date or an niversary date of this policy the premium deductible limits and coverage in effect pri or to the changes will remain in effect until 1 45 days after notice is given or 2 The effective date of replacement cov erage obtained by the insured whichever occurs first. If the first Named Insured then elects not to renew any earned premium for the res ulting extended period of coverage will be calculated pro rata at the lower of the new rates or rates applicable to the expiring policy.. We will not provide notice of the following 1 Changes in a rate or plan filed pursu ant to the Property and Casualty Com petitive Loss Cost Rating Act applic able to an entire class of business 2 Changes which are based upon the altered nature or extent of the risk insured or 3 Changes in policy forms filed with or ap proved by the Insurance Commissioner and applicable to an entire class of business. b. Any notice of nonrenewal will be mailed or de livered to the first Named Insured at the last mailing address known to us. c. If notice is mailed 1 It will be considered to have been given to the first Named Insured on the day it is mailed. 2 Proof of mailing will be sufficient proof of notice. d. If notice of nonrenewal is not mailed or de livered at least 45 days before the expiration date or an anniversary date of this policy cov erage will remain in effect until 45 days after notice is given. Earned premium for such ex tended period of coverage will be calculated pro rata based on the rates applicable to the expiring policy. e. We will not provide notice of nonrenewal if 1 We or another company within the same insurance group have offered to issue a renewal policy or 2 You have obtained replacement coverage or have agreed in writing to obtain replace ment coverage. If we have provided the required notice of nonrenewal as described in B.1.a. above and thereafter extend the policy for a period of 90 days or less we will not provide an ad ditional nonrenewal notice with respect to the period of extension.. Premium Or Coverage Changes At Renewal a. If we elect to renew this policy we will give written notice of any premium increase change in deductible or reduction in limits or coverage to the first Named Insured at the last mailing address known to us. b. Any such notice will be mailed or delivered to the first Named Insured at least 45 days before 1 The expiration date of this policy or 2 An anniversary date of this policy if it is written for a term longer than one year or with no fixed expiration date. Page 2 of 2 1SO Properties Inc. 2006 IL 02 36 09 07 | 2 |
IL 0279 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON 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 PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following If this policy has been in effect for 2. a. b. Fewer than 60 days and is not a renewal policy we may cancel for any reason. 60 days or more or is a renewal policy we may cancel only for one or more of the follow ing reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy continuing the policy or in presenting a claim under the policy Substantial increase in the risk of loss after insurance coverage has been issued or renewed including but not limited to an increase in exposure due to rules legisla tion or court decision 4 Failure to comply with reasonable loss control recommendations 5 Substantial breach of contractual duties conditions or warranties 6 Determination by the commissioner that the continuation of a line of insurance or class of business to which the policy be longs will jeopardize our solvency or will place us in violation of the insurance laws of Oregon or any other state or 7 Loss or decrease in reinsurance cover ing the risk. c. 60 days or more or is a renewal policy we may cancel for any other reason approved by the commissioner by rule but only with respect to insurance provided under the following 1 A package policy that includes commer cial property and commercial liability insurance Commercial Automobile Coverage Part Commercial General Liability Coverage Part 4 Commercial Property Coverage Part Legal Liability Coverage Form Commercial Property Coverage Part Mortgageholders Errors And Omissions Coverage Form Employment related Practices Liability Coverage Part 7 Farm Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Products Completed Operations Liabil ity Coverage Part or 10 Medical Professional Liability Coverage Part. 5 1SO Properties Inc. 2007 Page 1 of 2 IL 0279 09 08 | 2 |
However if this policy is issued for a term of more than one year and for additional consid eration the premium is guaranteed we may not refuse to renew the policy at its an niversary date. Nonrenewal will not be effective until at least 45 days after the first Named Insured receives our notice. 2. Mailing Of Notices a. If notice of cancellation or nonrenewal is mailed a post office certificate of mailing will be conclusive proof that the first Named Insured received the notice on the third calendar day after the date of the certi ficate of mailing.. The following provision applies with re spect to coverage provided under the Farm Coverage Part If the first Named Insured has affirmatively consented to our use of an electronic re cord to deliver notice of cancellation or non renewal and has not withdrawn such consent then the electronic record deliver ing notice of cancellation or nonrenewal satisfies the requirement that the notice of cancellation or nonrenewal be provided or made available to the first Named Insured in writing if we send the first Named In sured the electronic record with a request for a return receipt and we receive the re turn receipt. If we do not receive the return receipt we may cancel or nonrenew the policy only after providing or delivering the notice of cancellation or nonrenewal to the first Named Insured in writing subject to Paragraph 2.a. above. B. Paragraph 3. of the Cancellation Common Policy Condition is amended by the additon of the following 3. We will mail or deliver to the first Named Insured written notice of cancellation stating the reason for cancellation. C. The following is added to the Cancellation Com mon Policy Condition 7. Number Of Days Notice Of Cancellation a. With respect to insurance provided under 2.c.1 through 10 above cancellation will not be effective until at least 10 working days after the first Named Insured receives our notice. b. With respect to insurance other than that provided under 2.c.1 through 10 above cancellation will not be effective until at least 1 10 days after the first Named Insured re ceives our notice if we cancel for nonpay ment of premium or 2 30 days after the first Named Insured re ceives our notice if we cancel for any oth er reason. D. Paragraph 6. of the Cancellation Common Policy Condition does not apply. E. The following are added and supersede any provi sion to the contrary 1. Nonrenewal 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 before the a. Expiration date of the policy or b. Anniversary date of the policy if the policy is written for a term of more than one year or without a fixed expiration date. Page 2 of 2 1SO Properties Inc. 2007 IL 0279 09 08 | 2 |
IL 014209 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES DOMESTIC PARTNERSHIP This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The term spouse is replaced by the following Spouse or individual who is in a domestic partner ship recognized under Oregon law.. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or domestic partnership recognized under Oregon law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or domestic partnership re cognized under Oregon law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Cover age Part the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or domestic partner ship recognized under Oregon law who is a resid ent of your household including a ward or foster child. 1SO Properties Inc. 2007 Page 1 of 1 IL 014209 08 | 2 |
IL 02 46 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by writing or giving notice of cancellation. 2. Cancellation Of Policies In Effect For Less Than 60 Days We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 30 days before the effective date of cancellation. 3. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons a. You have made a material misrepresentation which affects the insurability of the risk. Notice of cancellation will be mailed or delivered at least 15 days before the effective date of cancellation. b. You have failed to pay a premium when due whether the premium is payable directly to us or our agents or indirectly under a premium finance plan or extension of credit. Notice of cancellation will be mailed at least 15 days before the effective date of cancellation. c. A condition factor or loss experience material to insurability has changed substantially or a substantial condition factor or loss experience material to insurability has become known during the policy period. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. d. Loss of reinsurance or a substantial decrease in reinsurance has occurred which loss or decrease at the time of cancellation shall be certified to the Insurance Commissioner as directly affecting in force policies. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. 1SO Properties Inc. 2006 Page 1 of 2 IL 02 46 09 07 | 2 |
e. Material failure to comply with policy terms conditions or contractual duties. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. f. Other reasons that the Insurance Commissioner may approve. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. This policy may also be cancelled from inception upon discovery that the policy was obtained through fraudulent statements omissions or concealment of facts material to the acceptance of the risk or to the hazard assumed by us. 4. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the specific reasons for cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. 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 and will be returned within 10 business days after the effective date of cancellation. If the first Named Insured cancels the refund may be less than pro rata and will be returned within 30 days after the effective date of cancellation. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed it will be by registered or first class mail. Proof of mailing will be sufficient proof of notice. B. The following are added and supersede any provisions to the contrary 1. Nonrenewal If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the specific reasons for nonrenewal to the first Named Insured at least 60 days before the expiration date of the policy. 2. Increase Of Premium If we increase your renewal premium we will mail or deliver to the first Named Insured written notice of our intent to increase the premium at least 30 days before the effective date of the premium increase. Any notice of nonrenewal or renewal premium increase will be mailed or delivered to the first Named Insured s last known address. If notice is mailed it will be by registered or first class mail. Proof of mailing will be sufficient proof of notice. Page 2 of 2 1SO Properties Inc. 2006 IL 02 46 09 07 | 2 |
IL01201013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES DEFENSE COSTS This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL 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 COVERAGE PART A. The provisions of Paragraph B. are added to all 5. Coverage C Mortgageholder s Liability under Insuring Agreements that set forth a duty to defend under 1. Section of the Commercial General Liability Commercial Liability Umbrella Electronic Data Liability Employment related Practices Liability Farm Liquor Liability Medical Professional Liability Owners And Contractors Protective Liability Pollution Liability Product Withdrawal Products Completed Operations Liability Railroad Protective Liability and Underground Storage Tank Coverage Parts Auto Dealers Coverage Form and the Farm Umbrella Liability Policy 2. Section Il under the Auto Dealers Business Auto and Motor Carrier Coverage Forms 3. Section Il under the Auto Dealers and Motor Carrier Coverage Forms 4. Section A. Coverage under the Legal Liability Coverage Form and the Mortgageholder s Errors And Omissions Coverage Form. Paragraph B. also applies to any other provision in the policy that sets forth a duty to defend.. If we initially defend an insured insured or pay for an insured s insured s defense but later determine that none of the claims claims for which we provided a defense or defense costs are covered under this insurance we have the right to reimbursement for the defense costs we have incurred. The right to reimbursement under this provision will only apply to the costs we have incurred after we notify you in writing that there may not be coverage and that we are reserving our rights to terminate the defense or the payment of defense costs and to seek reimbursement for defense costs. Insurance Services Office Inc. 2013 Page 1 of 1 IL01201013 | 2 |
IL 0197 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY 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 A. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition When an insurer or its agents recover payment on a casualty loss from a third party through subrogation the insurer must first pay the insured the deductible portion of the casualty loss less the prorated share of subrogation expenses and thereafter retain any funds in excess of the de ductible portion of the recovery. B. The following provision is added DIRECT LIABILITY OF INSURERS We will be directly liable for those sums the in sured becomes legally obligated to pay as dam ages to the injured party to which this insurance applies. In the event of that injured party s death we will be directly liable for those sums the in sured becomes legally obligated to pay as dam ages to the party entitled to sue as a result of the injured party s death and to which this insurance applies. 1SO Properties Inc. 2007 Page 1 of 1 m IL 0197 09 08 | 2 |
IL02730110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART 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 Standard Property Policy CP 00 99 the term Coverage Part in this endorsement is replaced by the term Policy. B. 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 Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form Paragraph 1. of the Cancellation Common Policy Condition is replaced by the following 1. The first Named Insured shown in the Declarations may cancel this policy by giving mailing or delivering advance written notice of cancellation to us or to the insurance agent or producer who issued the policy. C. With respect to all Coverage Parts and Policies addressed in this endorsement the Cancellation Common Policy Condition is amended by replacing Paragraphs 2. 3. 5. and 6. with the following 2. We may cancel this policy by giving mailing or delivering to the first Named Insured and the insurance producer of record if any written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for 60 days or more or if this is a renewal of a policy we issued we may cancel only for one or more of the following reasons a. Nonpayment of premium b. Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy continuing the policy or in presenting a claim under the policy Insurance Services Office Inc. 2010 Page 1 0of 3 IL 02730110 | 2 |
c. Activities or omissions on your part which increase any hazard insured against including a failure to comply with loss control recommendations d. Change in the risk which increases the risk of loss after insurance coverage has been issued or renewed including but not limited to an increase in exposure due to regulation legislation or court decision e. Loss or decrease of our reinsurance covering all or part of the risk or exposure covered by the policy f. Determination by the Commissioner of Insurance that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of this state g. Owner or occupant incendiarism h. Violation or breach by you of any policy terms or conditions. Constructive or actual total loss of the Covered Property or j. Such other reasons as may be approved by the Commissioner of Insurance.. We will give mail or deliver written notice to the first Named Insured at the address shown on the policy and to the insurance producer of record if any. However with respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Employment Related Practices Liability Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form We will give mail or deliver written notice to the first Named Insured at the last address known to us and to the insurance producer of record if any.. 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 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 insurance Cancelled and rewritten by us or a member of our company group Cancelled after the first year if it is a prepaid policy written for a term of more than one year or Cancelled by us at the request of a premium finance company upon default of the first Named Insured when this policy is financed under a premium finance agreement. b. When this policy is cancelled at your request except when Paragraph a.2 a.3 or a.4 applies we will return 90 75 for Equipment Breakdown policies of the pro rata unearned premium 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. 6. Proof of giving mailing or delivering notice of cancellation will be sufficient proof of notice. 3 4 5 D. With respect to all Coverage Parts and Policies addressed in this endorsement the following is added to the Cancellation Common Policy Condition 7. We will provide you with the reason or reasons for cancellation if a. You request in writing a statement of the reasons for cancellation and b. You agree in writing to hold us harmless from liability for any 1 Communication giving notice of or specifying the reasons for cancellation or Statement made in connection with an attempt to discover or verify the existence of conditions which would be a reason for cancellation as provided under Paragraph C.2. Page 2 of 3 Insurance Services Office Inc. 2010 IL02730110 | 2 |
E. With respect to all Coverage Parts and Policies addressed in this endorsement the following is added and supersedes any provision to the contrary Nonrenewal 1. If we elect not to renew this policy we will give mail or deliver to the first Named Insured and the insurance producer of record if any written notice of nonrenewal at least 60 days before a. The expiration date of the policy or b. An anniversary date of the policy if the policy is written for a term longer than one year or with no fixed expiration date. 2. However we need not give mail or deliver this notice if a. We have offered to issue a renewal policy or b. The first Named Insured has obtained or has agreed in writing to obtain replacement coverage. F. The following is added to the Common Policy Conditions with respect to the Coverage Parts to which this endorsement applies except the Employment Related Practices Liability Coverage Part If notice of nonrenewal is mailed to the insured we shall forward the notice of nonrenewal to the last known address of the first Named Insured by first class mail and maintain proof of mailing by the United States Postal Service certificate of mailing. This proof of mailing will be sufficient proof of notice. G. 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 Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form The following is added to the Common Policy Conditions If notice of cancellation is mailed to the insured we shall forward the notice of cancellation to the last known address of the first Named Insured by first class mail and maintain proof of mailing by the United States Postal Service certificate of mailing. This proof of mailing will be sufficient proof of notice.. With respect to a loss payee named in the policy if any we will give mail or deliver written notice of cancellation subject to C.2. above and written notice of nonrenewal subject to E.1. above. Mailing will be accomplished in accordance with the applicable procedure stated in F. or G. above.. Under the Mortgageholders Condition the paragraphs pertaining to cancellaton and nonrenewal are replaced by the following 1. If we cancel this policy we will give mail or deliver written notice to the mortgageholder at least a. 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 2. If we do not renew this policy we will give mail or deliver written notice to the mortgageholder at least 10 days before a. The expiration date of the policy or b. An anniversary date of the policy if the policy is written for a term longer than one year or with no fixed expiration date. Insurance Services Office Inc. 2010 Page 3 of 3 IL 02730110 | 2 |
IL01610312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The term spouse is replaced by the following Spouse or party to a civil union recognized under Rhode Island law.. Under the Commercial Automobile Coverage Part the term family member is replaced by the following and supersedes any other provisions to the contrary Family member means a person related to 1. An individual Named Insured by blood adoption marriage or civil union recognized under Rhode Island law who is a resident of such Named Insured s household including a ward or foster child 2. The individual named in the Schedule by blood adoption marriage or civil union recognized under Rhode Island law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individuals endorsement is attached or 3. You by blood adoption marriage or civil union recognized under Rhode Island law who is a resident of your household including a ward or foster child if the Individual Named Insured endorsement is attached. C. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recognized under Rhode Island law who is a resident of your household including a ward or foster child. Insurance Services Office Inc. 2011 Page 1 of 1 IL 01610312 | 2 |
IL 0128 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES PREJUDGMENT INTEREST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY 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 paragraph in the Supplementary Payments Section relating to prejudgment interest is replaced by the following 1. Prejudgment interest awarded against you on the entire judgment if we reject a written settlement of fer by the plaintiff that is equal to or less than the applicable limit of insurance in this policy or 2. If Paragraph 1. above does not apply prejudg ment interest awarded against you on that part of the judgment we pay. For the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment related Practices Liability Cov erage Part Farm Coverage Part Farm Umbrella Liability Policy Liquor Liability Coverage Part Owners And Contractors Protective Liability Cov erage Part Pollution Liability Coverage Part Products Completed Operations Liability Cover age Part Medical Professional Liability Coverage Part Railroad Protective Liability Coverage Part and the Underground Storage Tank Policy the word you is replaced by the term the insured. 1SO Properties Inc. 2007 Page 1 of 1 m IL 0128 09 08 | 2 |
IL 02 49 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH CAROLINA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of Cancellation Common Policy Condition are replaced by the following 2. We may cancel this policy by mailing or deliver ing to the first Named Insured and the agent if any written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of premium 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 and agent s last known addresses. B. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of Pol Days Or More If this policy has been in effect for 120 days or more or is a renewal or continuation of a policy we issued we may cancel this policy only for one or more of the following reasons a. Nonpayment of premium ies In Effect For 120 b. Material misrepresentation of fact which if known to us would have caused us not to issue the policy c. Substantial change in the risk assumed ex cept to the extent that we should reason ably have foreseen the change or contem plated the risk in writing the policy d. Substantial breaches of contractual duties conditions or warranties or e. Loss of our reinsurance covering all or a significant portion of the particular policy insured or where continuation of the policy would imperil our solvency or place us in vi olation of the insurance laws of South Carolina. Prior to cancellation for reasons permitted in this Item e. we wil notify the Commissioner in writing at least 60 days prior to such cancellation and the Commis sioner will within 30 days of such notification approve or disapprove such action. Any notice of cancellation will state the precise reason for cancellation. ISO Properties Inc. 2007 Page 1 of 2 IL 0249 09 08 | 2 |
C. The following is added and supersedes any provi sions to the contrary Nonrenewal 1. 2. We will not refuse to renew a policy issued for a term of more than one year until expiration of its full term if anniversary renewal has been guaranteed by additional premium consideration. If we decide not to renew this policy we will a. Mail or deliver written notice of nonrenewal to the first Named Insured and agent if any before 1 The expiration date of this policy if the policy is written for a term of one year or less or 2 An anniversary date of this policy if the policy is written for a term of more than one year or for an indefinite term and b. Provide at least 1 60 days notice of nonrenewal when nonrenewal is to become effective between November 1 and May 31 or 2 90 days notice of nonrenewal when nonrenewal is to become effective between June 1 and October 31. 3. Any notice of nonrenewal will be mailed or de livered to the first Named Insured s and agent s last known addresses. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Any notice of nonrenewal will state the precise reason for nonrenewal. Page 2 of 2 ISO Properties Inc. 2007 IL 02 49 09 08 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01441011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH DAKOTA CHANGES 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 The Legal Action Against Us Condition Section IV Conditions is replaced by the following Legal Action Against Us No person or organization has a right under this Coverage Part to join us as a party or otherwise bring us into a suit asking for damages from an insured. 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. CG01441011 Insurance Services Office Inc. 2011 Page1of1 0O | 2 |
IL 02 32 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH DAKOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least 20 days before the effect i ve date of cancellation. After 60 days from the effective date of policy issuance a notice of cancellation may not be is sued unless it is based upon at least one of the following reasons as stated in South Dakota law a Nonpayment of premium b Discovery of fraud or material misrepresent ation made by or with the knowledge of the Named Insured in obtaining the policy con tinuing the policy or in presenting a claim under the policy Discovery of acts or omissions on the part of the Named Insured which increase any hazard insured against The occurrence of a change in the risk which substantially increases any hazard in sured against after insurance coverage has been issued A violation of any local fire health safety building or construction regulation or ordin ance with respect to any insured property or the occupancy thereof which substan tially increases any hazard insured against c d e f A determination by the director of insur ance that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of South Dakota Your violation or breach of any policy terms or conditions or Such other reasons as are approved by the director of insurance. g h B. The following condition is added and supersedes any provisions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured writ ten notice of nonrenewal not less than 60 days before a. The expiration date or b. The anniversary date if this is a continuous policy. 2. Any notice of nonrenewal will be mailed or de livered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. ISO Properties Inc. 2007 Page 1 of 1 m IL 023209 08 | 2 |
IL 02 50 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TENNESSEE 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. 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 refund will be pro rata if a. We cancel or b. The policy is cancelled at the request of a premium finance company that has fin anced this policy under a premium finance agreement. The refund may be less than pro rata if the first Named Insured cancels the policy. The cancellation will be effective even if we have not made or offered a refund. B. The following is added to the Cancellation Com mon Policy Condition CANCELLATION OF POLICIES IN EFFECT FOR 60 DAYS OR MORE If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1. Nonpayment of premium including any addi tional premium calculated in accordance with our current rating manual justified by a physic al change in the insured property or a change in its occupancy or use 2. Your conviction of a crime increasing any haz ard insured against 3. Discovery of fraud or material misrepresenta tion on the part of either of the following a. You or your representative in obtaining this insurance or b. You in pursuing a claim under this policy 4. Failure to comply with written loss control recommendations 5. Material change in the risk which increases the risk of loss after we issued or renewed in surance coverage 6. Determination by the insurance commissioner that the continuation of the policy would jeop ardize our solvency or would place us in viola tion of the insurance laws of Tennessee or any other state 7. Your violation or breach of any policy terms or conditions or 8. Other reasons that are approved by the insur ance commissioner. Notice of cancellation will state the reason for cancellation. ISO Properties Inc. 2007 Page 1 of 2 IL 02 50 09 08 | 2 |
C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and agent at least 60 days before the expiration date unless a. We have offered to issue a renewal policy or b. You have obtained replacement coverage or have agreed in writing to obtain replace ment coverage. 2. Any notice of nonrenewal will be mailed or de livered to the first Named Insured s and agent s addresses shown in the policy. If no tice is mailed proof of mailing will be sufficient proof of notice. D. The following is added to the Premiums Com mon Policy Condition Whenever an insurance policy which is financed with a premium finance company is cancelled the insurer shall return within 30 days after the effect i ve date of the cancellation whatever gross un earned premiums are due under the insurance policy directly to the premium finance company for the account of the first Named Insured. Page 2 of 2 ISO Properties Inc. 2007 IL 02 50 09 08 | 2 |
COMMERCIAL GENERAL LIABILITY CG 0103 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury Property Damage and Personal And Advertising Injury unless we are prejudiced by the insured s or your failure to comply with the requirement no provision of this Coverage Part requiring you or any insured to give notice of occurrence claim or suit or forward demands notices sum monses or legal papers in connection with a claim or suit will bar coverage under this Cover age Part. CG 0103 06 06 1SO Properties Inc. 2005 Page 1 of 1 | 2 |
IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy However if this policy covers a condominium Condition is replaced by the following association and the condominium property i icv contains at least one residence or the 2. We may cancel this policy condominium declarations conform with the a. By mailing or delivering to the first Named Texas Uniform Condominium Act then the Insured written notice of cancellation notice of cancellation as described above will stating the reason for cancellation at least be provided to the first Named Insured 30 days 10 days before the effective date of before the effective date of cancellation. We cancellation. will also provide 30 days written notice to each unit owner to whom we issued a certificate or memorandum of insurance by mailing or delivering the notice to each last mailing address known to us. Insurance Services Office Inc. 2013 Page 1 of 2 IL02751113 | 2 |
b. 2 For the following reasons if this policy does not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate d Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas c If the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. B. The following condition is added and supersedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Page 2 of 2 Insurance Services Office Inc. 2013 IL02751113 | 2 |
IL 016803 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES DUTIES This endorsement modifies insurance provided under the following 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 The following is added to the Duties Condition 2. Any settlement of a claim made or suit We will notify the first Named Insured in writing of brpught against the FSWEG msured under this coverage. The notice will be given not later 1. An initial offer to settle a claim made or suit than the 30th day after the date of the brought against any insured insured under settlement. this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. Insurance Services Office Inc. 2011 Page 1 of 1 IL 01680312 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26391207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES 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. 3 To any obligation to share damages with or to Exclusions of Section Coverage A Bodily repay someone else who must pay damages Injury And Property Damage Liability because of the injury. This insurance does not apply to B. The following exclusion is added to Paragraph 2. Bodily injury to Exclusions of Section Coverage B Person al And Advertising Injury Liability 1 A person arising out of any. This insurance does not apply to a Refusal to employ that person Personal and advertising injury to b Termination of that person s employment or 1 A person arising out of any c Employment related practices policies a Refusal to employ that person acts or omissions such as coercion b Termination of that person s employment demotion evaluation reassignment or discipline defamation harassment c Employment related practices policies humiliation discrimination or malicious pro acts or omissions such as coercion secution directed at that person or demotion evaluation reassignment 2 The spouse child parent brother or sister of discipline defamation harassment that person as a consequence of bodily humiliation discrimination or malicious pro injury to that person at whom any of the secution directed at that person or employment related practices described in Paragraphs a b or c above is directed. 2 The spouse child parent brother or sister of that person as a consequence of personal This exclusion applies and advertising injury to that person at whom e. f the employment related practices de 1 Whether the injury causing event described in any of t Paragraphs a b or c above occurs before Zbfdd in Paragraphs a b or c above is employment during employment or after em irected. ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and CG 26391207 1SO Properties Inc. 2006 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 01861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH CHANGES 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 PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Any Condition titled Duties In the Event of An Electronic Data Incident Duties in the Event of Occurrence Offense Claim or Suit Duties in the Event of Occurrence Claim or Suit Duties in the Event of Injury Claim or Suit Duties in the Event of A Pollution Incident Claim or Suit Duties In the Event of A Claim Or Suit Or A Defect Or Product Withdrawal Insured s Duties in the Event of a Loss Duties in the Event of An Underground Storage Tank Incident requiring notice to us is amended to include Notice to our authorized representative is notice to us. B. The Legal Action Against Us Condition does not apply. CG 01861204 1SO Properties Inc. 2003 Page 1 of 1 | 2 |
IL 02 66 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART A. The following is added to the Cancellation Com mon Policy Condition 7. If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons a. Nonpayment of premium b. Material misrepresentation c. Substantial change in the risk assumed un less we should reasonably have foreseen the change or contemplated the risk when entering the contract or d. Substantial breaches of contractual duties conditions or warranties. If we cancel for nonpayment of premium no tice of cancellation must state the reason for cancellation. 8. With respect to the Commercial Automobile Coverage Part the following applies in addi tion to the provisions of Paragraph 7. above We may cancel this policy if your driver s license or the driver s license of a person who customarily drives a covered auto is suspen ded or revoked. 9. Notice of cancellation must be delivered or mailed by first class mail. B. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we elect to not renew this policy we will mail by first class mail written notice of nonre newal to the first Named Insured at the last mailing address known to us at least 30 days before the expiration or anniversary date of this policy. 2. We need not mail this notice if a. You have accepted replacement coverage b. You have requested or agreed to nonrenewal or c. This policy is expressly designated as nonrenewable. 3. If notice is mailed proof of mailing is sufficient proof of notice. ISO Properties Inc. 2007 Page 1 of 1 IL 02 66 09 08 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01471113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH CHANGES COMMON INTEREST ASSOCIATIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART. Section Il Who Is An Insured is amended to include the following as an insured Each individual unit owner or each individual lot owner of the insured association but only with respect to liability arising out of 1. the unit owner s or lot owner s ownership interest in the common elements and facilities 2. the unit owner s or lot owner s membership in the association and 3. maintenance repair or replacement of common elements and facilities.. The following paragraph is added to Section IV Commercial General Liability Conditions Acts Or Omissions By Unit Owners Or Lot Owners No act or omission by any unit owner or lot owner unless acting within the scope of the unit owner s or lot owner s authority on behalf of the association will void the policy or be a condition to recovery under the policy. C. This endorsement modifies insurance provided under the following The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us Section IV Commercial General Liability Conditions We waive any rights which the Transfer Of Rights Of Recovery Against Others To Us Condition may give us against a. any unit owner or lot owner and b. any person residing with the unit owner or lot owner if the unit owner resides in the unit or lot owner resides on the lot. CG 01471113 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
IL 02 19 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The Cancellation Common Policy Condition is If cancellation is for nonpayment of premium replaced by the following Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation Of Policies In Effect For Less Than 60 Days. If this Policy has been in effect for less than 60 days and this Policy is not a renewal of a policy we issued we may cancel this Policy by a. Giving at least 15 days notice prior to the cancellaton date for nonpayment of premium or substantial increase in hazard or b. Mailing or delivering at least 45 days notice prior to the cancellation date for any other reason. Written notice of cancellation including the reason for cancellation will be mailed or delivered to the first Named Insured at the first Named Insured s last mailing address known to us. written notice may be sent by certificate of mailing or certified mail. If cancellation is for any reason other than nonpayment of premium written notice must be sent by certified mail.. Cancellation Of Policies In Effect For 60 Days Or More. If this Policy has been in effect for 60 days or more or if this is a renewal of a policy we issued we may cancel this Policy only for one or more of the following reasons a. Nonpayment of premium b. Fraud or material misrepresentation affecting this Policy or in the presentation of claims under this Policy c. Violation of any provisions of this Policy or d. Substantial increase in hazard provided we have secured approval for the cancellation from the commissioner of insurance. If we cancel this Policy for one of the reasons specified in Paragraph 3. we will cancel only in the following manner a. By giving at least 15 days notice before the effective date of cancellation if we cancel for nonpayment of premium or Insurance Services Office Inc. 2014 Page 1 of 2 IL 0219 06 15 | 2 |
2 Anniversary date of this Policy if this Policy has been written for a term of more than one year. b. This provision does not apply 1 If we have indicated a willingness to renew 2 In case of nonpayment of premium 3 If you do not pay any advance premium required by us for renewal or 4 If any property covered in this Policy is insured under any other insurance policy. 2. Renewal a. Ifwe 1 Elect to renew this Policy and 2 Have the necessary information to issue a renewal policy we will confirm in writing at least 45 days before it expires our intention to renew this Policy and the premium at which this Policy will be renewed. b. If we do not comply with the provisions of Paragraph a. you will have renewal coverage. The renewal coverage will be at the rates 1 In effect under the expiring or expired policy or 2 In effect on the expiration date that have been approved by the Commissioner whichever are lower. This renewal coverage will be on a pro rata basis and will continue for 45 days after we confirm renewal coverage and premium. If you accept this renewal policy this Paragraph b. does not apply. b. By mailing or delivering at least 45 days notice before the effective date of cancellation if we cancel for any other reason. Written notice of cancellation including the reason for cancellation will be mailed or delivered to the first Named Insured at the first Named Insured s last mailing address known to us. If cancellation is for nonpayment of premium written notice may be sent by certificate of mailing or certified mail. If cancellation is for any reason other than nonpayment of premium written notice must be sent by certified mail. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this Policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Any When We Do Not Renew Condition is deleted. The following conditions are added 1. When We Do Not Renew a. We may elect not to renew this Policy by mailing by certified mail or delivering written notice of nonrenewal to the first Named Insured s last mailing address known to us. We will mail or deliver this notice at least 45 days before the 1 Expiration of the Policy or Page 2 of 2 Insurance Services Office Inc. 2014 IL 02 19 06 15 | 2 |
IL 0109 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY 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. The term spouse is replaced by the following Spouse or party to a civil union under Vermont law.. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person who is a resid ent of your household and is related to you by blood adoption including a ward or foster child marriage or civil union under Vermont law. C. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Cover age Part or the Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person who is a resid ent of your household and is related to you by blood adoption including a ward or foster child marriage or civil union under Vermont law. 1SO Properties Inc. 2007 Page 1 of 1 IL 01 09 09 08 | 2 |
POLICY NUMBER GL 4056109 POLICY NUMBER GL 4056109 COMMERCIAL GENERAL LIABILITY CG 01540413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION SCHEDULE Pollution Liability Aggregate Limit If Any Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages Coverage D Pollution Bodily Injury And Property Damage 1. Insuring Agreement 2 The bodily injury or property damage occurs during the policy period and 3 A claim for damages because of the bodily injury or property damage is a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage included within the pollution liability hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the Pollution Liability Aggregate Limit in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitty provided for under Supplementary Payments Coverages A B and D. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory first made against any insured in accordance with Paragraph c. below during the policy period. 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 a settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for damages because of property damage causing loss to the same person or organization as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for injury or damage arising out of a discharge release or escape of pollutants including all injury or damage arising out of all subsequent exposure of persons and property to such pollutants shall be deemed to have been made at the time the first of those claims is made against any insured. CG 01540413 Insurance Services Office Inc. 2012 Page 1 0of 4 | 2 |
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 operaton 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 The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. b 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. c. 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. 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. g. 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. h. 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 3 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 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. 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.. 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. 2.. All reasonable expenses 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 furnish these bonds. 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. 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 Il 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. E. 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. 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 |
IL 0126 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES STATUTORY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY 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. In addition to paying and satisfying judicial judg ments rendered against you in consequence of claims to which this Coverage Part applies we will protect you against the levy of executions is sued on such judgments or claims against you.. We may without your consent continue litigation after a judgment has been rendered with respect to your legal liability under this Coverage Part for damages in a particular instance. In that event no limitation of our liability will be valid where the mat ter of that litigation is concerned.. Under Coverage Forms to which this endorse ment applies any legal action against us to recov er for loss under this Coverage Part must be brought within one year after amount of loss is fi nally established. The amount of loss can be es tablished only by 1. Judicial judgment or 2. An agreement between the parties involved with our written consent. D. In the event of your bankruptcy or insolvency an injured person or claimant who has obtained a judgment against you may bring suit against us provided 1. The judgment was for damages covered by this policy and 2. The suit is for damages in amounts no greater than the applicable Limits of Insurance of this policy. E. Payment by you of any judicial judgment or claim for any of our liability under this Coverage Part will not deprive you of the right to bring action against us. For the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment Related Practices Liability Cov erage Part Farm Coverage Part Farm Umbrella Liability Policy Liquor Liability Coverage Part Owners And Contractors Protective Liability Cov erage Part Pollution Liability Coverage Part Products Completed Operations Liability Cover age Part Medical Professional Liability Coverage Part and Railroad Protective Liability Coverage Part the word you is replaced by the term the insured and the word your is replaced by the term the insured s. 1SO Properties Inc. 2007 Page 1 of 1 IL 01 26 09 08 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01790710 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph f.1ai under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following i Bodily injury or property damage 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. CG 01790710 Insurance Services Office Inc. 2010 Page 1 of 1 | 2 |
IL 01381015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. 3. and 5. of the Cancellation Common Policy Condition are replaced by the following 2. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation stating the reason for cancellation at least a. 15 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 45 days before the effective date of cancellation if we cancel for any other reason. 3. We will send written notice in accordance with Virginia Law or deliver written notice to the first Named Insured s last mailing address known to us. 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 cancelled 1 Atour request 2 Because you no longer have a financial or insurable interest in the property or business operation that is the subject of insurance 3 And rewritten by us or a member of our company group or b. 4 After the first year if it is a prepaid policy written for a term of more than one year. When this Policy is cancelled at your request except when Paragraph a.2 a.3 or a.4 applies we will return 90 of the pro rata unearned premium 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. In addition earned premium will not be less than our policywriting minimum premium. B. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we elect not to renew this Policy we will mail or deliver a notice of nonrenewal to the first Named Insured shown in the Declarations stating the reason for nonrenewal at least a. b. 15 days before the expiration date if the nonrenewal is due to nonpayment of premium or 45 days before the expiration date if the nonrenewal is for any other reason.. We will send written notice in accordance with Virginia Law or deliver written notice of nonrenewal to the first Named Insured s last mailing address known to us.. If notice is mailed proof of mailing will be sufficient proof of notice. Insurance Services Office Inc. 2015 Page 1 of 1 IL 01381015 | 2 |
POLICY NUMBER GL 4056109 POLICY NUMBER GL 4056109 COMMERCIAL GENERAL LIABILITY CG 329807 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRGINIA EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 Each Employee ProZrans 000000 ploveel s 250000 Included Aggregate Retroactive Date 112005 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages Coverage Employee Benefits Liability 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. 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 damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. 3 c. A claim 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 CG 32980710 Insurance Services Office Inc. 2011 Page 1 of 6 | 2 |
2 When we make settlement in accordance with Paragraph a. above. d. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries 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. Dishonest Fraudulent Criminal Or M ous Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supplementary Payments Coverages A B and Employee Benefits Liability.. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. c. 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 endorsement. ilure of irer. ciency of Page 2 of 6 Insurance Services Office Inc. 2011 CG 3298 07 10 | 2 |
3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after 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.. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of D. For the purposes of the coverage provided by this endorsement Section Il Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits Of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omissions making negligently committed in the administration of your employee benefit program. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Sui a. You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and CG 32980710 Insurance Services Office Inc. 2011 Page 3 of 6 | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent.. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Retroactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown in the Schedule of this endorsement. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. Page 4 of 6 Insurance Services Office Inc. 2011 CG 3298 07 10 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorsement is attached to a claims made Coverage Part replaces any similar section in that Coverage Part Extended Reporting Period 1. We will provide one or more Extended Reporting Periods as described below if a. The policy to which this endorsement is attached is canceled or not renewed or b. With respect to this endorsement any of the following occurs during the policy period or upon renewal 1 The Retroactive Date is changed such that it is later than the date shown in the Schedule of this endorsement 2 A Retroactive Date newly applies to this endorsement where none was previously shown in the Schedule of this endorsement or 3 This endorsement no longer applies to an act error or omission on a claims made basis or c. This endorsement is nonrenewed or otherwise no longer a part of this policy. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for acts errors or omissions that were first committed before the date in which the event described in Paragraph F.1. of this endorsement takes effect but not before the Retroactive Date if any shown in the Schedule. Once in effect Extended Reporting Periods may not be canceled by us except for nonpayment of premium or fraud. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This Basic Extended Reporting Period starts on the date in which the event described in Paragraph F.1. of this endorsement takes effect and lasts for sixty 60 days. 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. 4. The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. 5. A Supplemental Extended Reporting Period 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. ends and lasts for five years. 6. You must give us a written request for the Supplemental Extended Reporting Period Endorsement within 30 days after the date in which the event described in Paragraph F.1. of this endorsement takes effect. 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 employee benefit programs insured b. Previous types and amounts of insurance c. Limits of Insurance available under this endorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. 7. The Supplemental Extended Reporting Period Endorsement applicable to this coverage 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. 8. If the Supplemental Extended Reporting Period is in effect we will provide a Supplemental Extended Reporting Period Aggregate Limit Of Insurance equal to the Aggregate Limit entered in the Schedule of this endorsement in effect on the date in which the event described in Paragraph F.1. of this endorsement takes effect but only for claims first received and recorded during the Supplemental Extended Reporting Period. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. CG 32980710 Insurance Services Office Inc. 2011 Page 5 of 6 | 2 |
G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements H. F endorsement Defi 5. Employee 18. b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social benefits workers compensation disability benefits d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and security and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. or the purposes of the coverage provided by this Definitons 5. and 18. in the ions Section are replaced by the following means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 Insurance Services Office Inc. 2011 CG 3298 07 10 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WEST VIRGINIA CHANGES CANCELLATION The provision in the Cancellation Condition which indicates that proof of mailing will be sufficient proof of notice is deleted. Copyright Insurance Services Office Inc. 1989 Copyright ISO Commercial Risk Services Inc. 1989 Page 1 of 1 m IL 02 81 04 89 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01240193 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WISCONSIN CHANGES AMENDMENT OF POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. The following is added to CHANGES Common Policy Conditions If one of our agents knows of a fact that breaches a condition of this Coverage Part we will be con sidered to have knowledge of this same fact if a. The agent knows of this fact at the time the Coverage Part is issued or an application is made or b. The agent later learns of this fact in the course of his dealings as an agent with you. Any fact that breaches a condition of this Cover age Part and is known to the agent prior to loss shall not void the Coverage Part or prevent a re covery in the event of loss.. The LEGAL ACTION AGAINST US Condition Section IV does not apply.. The following is added to Condition 6. REPRE SENTATIONS Section IV No misrepresentation or breach of affirmative war ranty made by you or on your behalf in the nego tiation of this Coverage Part affects our obligation under this Coverage Part unless a. We rely on it and it is either material or made with intent to deceive or b. The facts misrepresented or falsely warranted contribute to the loss. No failure of a condition before the loss and no breach of a promissory warranty affects our obli gation under this Coverage Part unless such fail ure or breach a. Exists at the time of the loss and b. Either increases the risk at the time of the loss or contributes to the loss. The provisions of this condition do not apply to nonpayment of premium.. Condition 8. TRANSFER OF RIGHTS OF RE COVERY AGAINST OTHERS TO US Section IV is replaced by the following In the event of any payment under this Coverage Part we will be entitled to the insured s rights of recovery against any person or organization and the insured will do whatever is necessary to se cure such rights. We will be entitled to a recovery only after the insured has been fully compensated for damages.. CONFORMITY TO STATUTE OR RULE Any provision of this policy including endorse ments which modify the policy that is in conflict with a Wisconsin statute or rule is hereby amended to conform to that statute or rule. The term rule means a valid rule promulgated by the Commissioner of Insurance in accordance with the rule making authority conferred under Wis. Stat. Ann. Section 227.112 and published in the Wisconsin Administrative Code. CG 01240193 Copyright Insurance Services Office Inc. 1984 1992 Page 1 of 1 | 2 |
IL02831118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WISCONSIN 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 10 days before the effective date of cancellation. If this policy has been in effect for less than 60 days and is not a renewal policy we may cancel for any reason. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued except as provided in Paragraph 7. below we may cancel this policy only for one or more of the following reasons a. The policy was obtained by material misrepresentation b. There has been a substantial change in the risk we originally assumed except to the extent that we should have foreseen the change or considered the risk in writing the policy c. There have been substantial breaches of contractual duties conditions or warranties or d. Nonpayment of premium. If this policy has been in effect for 60 days or more or is a renewal of a policy we issued the notice of cancellation will state the reason for cancellation. B. The following is added to the Cancellation Common Policy Condition 7. Anniversary Cancellation If this policy is written for a term of more than one year or has no fixed expiration date we may cancel this policy for any reason by mailing or delivering to the first Named Insured written notice of cancellation at least 60 days before the anniversary date of the policy. Such cancellation will be effective on the policy s anniversary date. We may cancel this policy because of the termination of an insurance marketing intermediary s contract with us only if the notice of cancellation contains an offer to continue the policy with us if we receive a written request from the first Named Insured prior to the date of cancellation. Insurance Services Office Inc. 2018 Page 1 of 3 IL02831118 | 2 |
C. The following applies to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Crime And Fidelity Coverage Part Equipment Breakdown Coverage Part Farm Coverage Part 1. We may rescind this policy because of the following a. Misrepresentation made by you or on your behalf in the negotiation for or procurement of this Coverage Part if the person knew or should have known that the representation was false b. Breach of affirmative warranty made by you or on your behalf in the negotiation for or procurement of this Coverage Part c. Failure of a condition before a loss if such failure exists at the time of loss or d. Breach of a promissory warranty if such breach exists at the time of loss. 2. We may not rescind this policy a. For the reasons in Paragraphs C.1.a. and C.1.b. unless 1 We rely on the misrepresentation or affirmative warranty and the misrepresentation or affirmative warranty is either material or made with intent to deceive or 2 The facts misrepresented or falsely warranted contribute to the loss. b. For the reasons in Paragraphs C.1.c. and C.1.d. unless such failure or breach 1 Increases the risk at the time of loss or 2 Contributes to the loss. 3. If we elect to rescind this policy we will notify the first Named Insured of our intention within 60 days after acquiring knowledge of sufficient facts to constitute grounds for rescission. D. The following are added and supersede any other provisions to the contrary 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured s last mailing address known to us. We may elect not to renew for any reason the notice will state the reason for nonrenewal. We will mail or deliver the notice at least 60 days before the expiration date of this policy. We need not mail or deliver the notice if 1 You have insured elsewhere 2 You have accepted replacement coverage 3 You have requested or agreed to nonrenewal of this policy 4 This policy is renewed in an affiliate in compliance with WIS. STAT. 631.39 or 5 This policy is expressly designated as nonrenewable. b. We may refuse to renew this policy because of the termination of an insurance marketing intermediary s contract with us only if the notice of nonrenewal contains an offer to renew the policy with us if we receive a written request from the first Named Insured prior to the renewal date. If you fail to pay the renewal or continuation premium by the premium due date this policy will terminate on the policy expiration or anniversary date if we have 1 Given you written notice of the renewal or continuation premium not more than 75 days nor less than 10 days prior to the due date of the premium and 2 Stated clearly in the notice the effect of nonpayment of premium by the due date. 2. Anniversary Alteration If this policy is written for a term of more than one year or has no fixed expiration date we may alter the terms or premiums of this policy by mailing or delivering written notice of less favorable terms or premiums to the first Named Insured s last mailing address known to us. We will mail by first class mail or deliver this notice at least 60 days prior to the anniversary date. If we notify the first Named Insured within 60 days prior to the anniversary date the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured s right to cancel. The first Named Insured may elect to cancel the policy at any time during the 60 day period in accordance with Paragraph 1. of the Cancellation Common Policy Condition. If the first Named Insured elects to cancel the policy during the 60 day period return premiums or additional premium charges will be calculated proportionately on the basis of the old premiums. 4 Page 2 of 3 Insurance Services Office Inc. 2018 IL02831118 | 2 |
We need not mail or deliver this notice if the only change adverse to you is a premium increase that a. Is less than 25 and is generally applicable to the class of business to which this policy belongs or b. Results from a change based on your action that alters the nature or extent of the risk insured against including but not limited to a change in the classification or the units of exposure or increased policy coverage. E. Special Provision Cancellation And Nonrenewal With respect to insurance provided under the Commercial Automobile Coverage Part we will not cancel or refuse to renew Liability Coverage wholly or partially because of age sex residence race color creed religion national origin ancestry marital status or occupation of anyone who is an insured. 3. Renewal With Altered Terms If we elect to renew this policy but on less favorable terms or at higher premiums we will mail or deliver written notice of the new terms or premiums to the first Named Insured s last mailing address known to us. We will mail by first class mail or deliver this notice at least 60 days prior to the renewal date. If we notify the first Named Insured within 60 days prior to the renewal date the new terms or premiums will not take effect until 60 days after the notice was mailed or delivered. The notice will include a statement of the first Named Insured s right to cancel. The first Named Insured may elect to cancel the renewal policy at any time during the 60 day period in accordance with Paragraph 1. of the Cancellation Common Policy Condition. If the first Named Insured elects to cancel the renewal policy during the 60 day period return premiums or additional premium charges will be calculated proportionately on the basis of the old premiums. Insurance Services Office Inc. 2018 Page 3 of 3 IL02831118 | 2 |
IL 00 17 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 Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. 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. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators.. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Named Insured shown in the may cancel this policy by mailing to us advance written notice of ancel this policy by mailing or the first Named Insured written cellation at least. before the effective date of on if we cancel for nonpayment of or. before the effective date of on if we cancel for any other or deliver our notice to the first red s last mailing address known 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 ro rata. The cancellation will be y. vio vl fiailitiy wil ve agreements between insurance afforded. 1 cbimie S e Copyright Insurance Services Office Inc. 1998 Page 1 of 1 IL0017 1198 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 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 |
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. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 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. b Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i i iii Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or iiAny person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. iii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for 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 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of coverage as described in Section Il Limits Of Insvurangce imi material if done by or at the direction of the. insured with knowledge of its falsity. COVERAGE B PERSONAL AND ADVERTISING N N N N INJURY LIABILITY c. Material Published Prior To Policy Period 1. Insuring Agreement Personal and advertising injury arising out of. oral or written publication in any manner of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless 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. before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
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 ecause of your operations 3 B f ti 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. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Si To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Acti To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. ilar Laws es 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. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED. 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. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 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 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 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. y or control control is Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 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. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3 4. 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. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought.. 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. 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.. Employee However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. wdlly dosiglisid it tils Named Insured this sured were the only 2d against whom claim it very Against Others recover all or part of e under this Coverage nsferred to us. The er loss to impair them. d will bring suit or and help us enforce his Coverage Part we first Named Insured written notice of the 30 days before the CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 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 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. b 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto..Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. agreement except in uction or demolition feet of a railroad red by ordinance to except in connection Yi agreement ontract or agreement siness including an Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
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