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13. 14. 15. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any b c insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. e equipment but will rimarily for but not construction nilar devices mounted chassis and used to and nps and generators welding building exploration lighting pment. it does not include bject to a compulsory law or other motor re it is licensed or ehicles subject to a onsibility law or other law are considered accident including osure to substantially ditions. injury means injury ily injury arising out y offenses mprisonment n wrongful entry into private occupancy of mises that a person or on behalf of its n in any manner of r libels a person or ges a person s or L Inte AF cErvicea 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
GLOBAL AEROSPACE. Midwest Regional Office 311 S. Wacker Drive Suite 2360 Chicago Illinois 60606 Tel 312 429 3170 Claims Contact David Nelson Tel 312 429 3190 24 Hour Claims Support Tel 312 429 3170 Southeast Regional Office 3399 Peachtree Road NE Suite 1100 Atlanta Georgia 30326 Tel 404 262 3335 Claims Contact Kevin Twiss Tel 404 364 2457 24 Hour Claims Support Tel 404 262 3335 Northeast Regional Office One Sylvan Way Parsippany New Jersey 07054 Tel 973 490 8500 Claims Contact Tom Kopacz Tel 973 490 8610 24 Hour Claims Support Tel 973 490 8500 Southwest Regional Office 12400 Coit Road Suite 1250 Dallas Texas 75251 Tel 972 980 9988 Claims Contact Greg Harper Tel 972 455 3945 24 Hour Claims Support Tel 972 980 9988 West Coast Regional Office 21650 Oxnard Street Suite 1550 Woodland Hills California 91367 Tel 818 883 4100 Claims Contact Adam Martz Tel 818 883 9502 24 Hour Claims Support Tel 818 883 4100 | 2 |
AVIATION GROUND OPERATIONS LIABILITY INSURANCE THROUGH GLOBAL AEROSPACE INC. US HOME OFFICE REGIONAL OFFICE ONE SYLVAN WAY PARSIPPANY NJ 07054 3399 Peachtree Road NE Suite 1100 Atlanta GA 30326 404 262 3335 FOR SONIC FINANCIAL CORPORATION ARRANGED BY LOCKTON COMPANIES LLC. 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 AGLC December 12013 | 2 |
GUIDE TO THE PROVISIONS OF YOUR POLICY This guide has been prepared to help you in reading your policy. It is not a part of the policy nor does it make reference to all the provisions which might affect your insurance. You are therefore urged to read the entire policy carefully. DECLARATIONS PAGE Named Insured Policy Period Limits of Insurance Location of Aviation Premises Form of Business Policy Premium SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE C MEDICAL PAYMENTS COVERAGE D HANGARKEEPERS LIABILITY SUPPLEMENTARY PAYMENTS COVERAGE A B AND D SECTION II GENERAL POLICY EXCLUSIONS WAR HI JACKING AND OTHER PERILS ELECTRONIC DATE RECOGNITION NUCLEAR RISKS ASBESTOS NOISE POLLUTION AND OTHER PERILS EMPLOYMENT RELATED PRACTICES TRADE OR ECONOMIC SANCTIONS AND CONFORMITY WITH LAW SECTION III WHO IS AN INSURED SECTION IV LIMITS OF INSURANCE Page 1 of 2 AGLG December 1 2013 | 2 |
SECTION V POLICY CONDITIONS Conformity With Law Titles of Paragraphs Representations Premiums Changes Cancellation Transfer of Your Rights and Duties Under This Policy Bankruptcy Legal Action Against Us Transfer of Rights of Recovery Against Others To Us Separation of Insureds Duties in the Event of Occurrence Offense Loss of or Physical Injury to Aircraft Claim or Suit Inspections and Surveys Examination of Your Books and Records Premium Audit Other Insurance SECTION VI DEFINITIONS nan nan nan nan 22.0 ENDORSEMENTS Page 20f 2 AGLG December 1 2013 | 2 |
AVIATION GROUND OPERATIONS LIABILITY INSURANCE POLICY POLICY NUMBER 15000751 DECLARATIONS The insurance afforded by this policy is provided by separate insurers described below and hereinafter referred to as we us or our. The liability of these insurers is several and not joint and is specifically set out below. THE INSURERS American Alternative Insurance Corporation American Commerce Insurance Company Mitsui Sumitomo Insurance Company of America National Indemnity Company Tokio Marine America Insurance Company Wilmington Delaware Columbus Ohio New York New York Omaha Nebraska New York New York 44.960 10.000 9.280 23.390 12.370 Ttem 1. Named Insured and Address SONIC FINANCIAL CORPORATION P.O. BOX 18747 CHARLOTTE NC 28218 Item 2. Policy Period From August 30 2015 To August 30 2018 At 1201 AM local time at your mailing address shown under Item 1. AGLD December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page i of iii | 2 |
DECLARATIONS OF POLICY NUMBER 15000751 Continued Item 3. In return for payment of the premium and subject to all of the terms of the policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE 100000000 You Limit 1000000 1e Person 50000 regate Limit 25000000 Each Occurrence Limit Damage to Premises Rented to You Limit Medical Expense Limit Any One Person Personal and Advertising Injury Aggregate Limit General Aggregate Limit Other than Products Completed Operations and Hangarkeepers Products Completed Operations Aggregate Limit Hangarkeepers Each Accident Limit Hangarkeepers Each Aircraft Limit Not Applicable Not Covered Not Covered Not Covered Deductibles if any will be described in an endorsement entitled DEDUCTIBLES. Item 4. Location of aviation premises you own rent or occupy Atlanta Motor Speedway Helipad Atlanta GA Texas Motor Speedway Helipad Ft. Worth TX Bristol Motor Speedway Helipad Bristol TN Las Vegas Motor Speedway Helipad Las Vegas NV Charlotte Motor Speedway Helipad Concord NC Sonoma Raceway Helipad Sonoma CA New Hampshire Motor Speedway Helipad Loudon NH Kentucky Speedway Helipad Sparta KY Item 5. Form of Business Other Organization Item 6. Policy Premium Total Premium at Inception NC Surcharge 25394 0 AGLD December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page i of iii | 2 |
DECLARATIONS OF POLICY NUMBER 15000751 Continued Endorsements forming a part of this policy on its effective date AGLC022 AGLE009 AGLEO15 AGLS030 AGLC025 AGLCO16 AGLA083 AGLMO001 AGLA004 IN WITNESS WHEREOF we have caused this policy to be executed on our behalf by Global Aerospace Inc. but this policy shall not be valid unless signed by a duly authorized representative of Global Aerospace Inc. LhrtoVendlath Anthony R. Moschetta Secretary Jeffrey S. Cassidy President C.0.0. Global Aerospace Inc. Global Aerospace Inc. Countersignature Where Required For Global Aerospace Inc. AGLD December 12013 Page iii of iii Includes copyrighted material of Insurance Services Office Inc. with its permission. L B Countersignature Where Required For Global Aeros AGLD December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 insurers shown in the Declarations providing this insurance. The word insured means any person or organization qualifying as such under SECTION III WHO IS AN INSURED. Other words and phrases that appear in bold italicized type have special meaning. Refer to SECTION VI DEFINITIONS. SECTION I 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 resulting from the ground operations hazard or the products completed operations hazard. We will have the right and duty to defend the insured against any suif 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 or when this insurance is excess. 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 IV 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 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 arises out of your aviation business and 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 III WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence claim or suit 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 III WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence claim or suit 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 III WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence claim or suit 1 Reports all or any part of the bodily injury or property damage to us or any other insurer AGL December 12013 Page 1 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 26 | 0 |
SECTION I Continued 2 Receives a written or verbal demand or claim or suit 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. Exclusions. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS this insurance does not apply to a EXPECTED OR INTENDED INJURY b c Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion a does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. CONTRACTUAL LIABILITY Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion b 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 insured contract. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. LIQUOR LIABILITY Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 26 | 1 |
SECTION I Continued d WORKERS COMPENSATION AND SIMILAR LAWS Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. EMPLOYER S LIABILITY Bodily injury to e 1 An employee of the insured arising out of and in the course of employment by the insured or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion e 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 e does not apply to liability assumed by the insured under an insured contract provided the bodily injury occurs subsequent to the execution of the insured contract. f CONTESTS OR EXHIBITIONS The conduct of any contest or exhibition permitted sponsored or participated in by any insured other than static displays in public access areas. g AUTO OR WATERCRAFT Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion g applies even if the claims against any insured allege negligence or other wrongdoing in the hiring employment supervision training monitoring or warning 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 auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion g 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 Liability assumed under any insured contract for the ownership maintenance or use of watercraft 4 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 5 The operation of any of the machinery or equipment listed in Paragraph f2 or f3 of the definition of mobile equipment 6 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 7 An auto an insured operates while on airport or heliport premises excluding public roadways and public parking areas or 8 An auto an insured operates on public roadways or public parking areas while a. Responding to an aviation emergency b. Responding to a non aviation emergency in connection with a mutual support agreement c. Restocking a tank or container that is attached to or part of the auto and designed to carry materials to be AGL December 12013 Page 3 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION I Continued dispensed on airport or heliport premises you own or rent or d. Obtaining maintenance or service for such auto provided such auto is otherwise maintained for use solely on airport or heliport premises you own or rent excluding public roadways and public parking areas. 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 GRANDSTANDS POOLS AND LODGING ACCOMMODATIONS Bodily injury or property damage arising out of the ownership maintenance or use of 1 Grandstands bleachers or observation platforms other than observation decks or promenades that are part of permanent structures 2 Swimming pools or 3 Lodging accommodations for the general public. i DAMAGE TO PROPERTY Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property other than aircraft in the care custody or control of the insured 5 Aircraft a. In the care custody or control of the insured or b. While being serviced by the insured 6 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 7 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 j do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION IV LIMITS OF INSURANCE. Paragraph 2 of this exclusion j does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 6 and 7 of this exclusion j do not apply to liability assumed under a sidetrack agreement. Paragraph 7 of this exclusion j does not apply to property damage included in the products completed operations hazard. AGL December 12013 Page 4 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 26 | 1 |
SECTION I Continued k 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 1 does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m DAMAGE TO IMPAIRED PROPERTY OR PROPERTY NOT PHYSICALLY INJURED Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion m does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n RECALL OF PRODUCTS WORK OR IMPAIRED PROPERTY Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. 0 PERSONAL AND ADVERTISING INJURY Bodily injury arising out of personal and advertising injury. p 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 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. Exclusions c through p do not apply to damage by fire to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION IV LIMITS OF INSURANCE. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 26 | 1 |
SECTION I Continued COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. a We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply or when this insurance is excess. 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 IV 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 B and D. b This insurance applies to personal and advertising injury caused by an offense arising out of your aviation business but only if the offense was committed in the coverage territory and during the policy period. 2. Exclusions. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS this insurance does not apply to a KNOWING VIOLATION OF RIGHTS OF ANOTHER Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b MATERIAL PUBLISHED WITH KNOWLEDGE OF FALSITY Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c MATERIAL PUBLISHED PRIOR TO POLICY PERIOD Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d CRIMINAL ACTS Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e CONTRACTUAL LIABILITY Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion e does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f BREACH OF CONTRACT Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. 2 QUALITY OR PERFORMANCE OF GOODS FAILURE TO CONFORM TO STATEMENTS Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h WRONG DESCRIPTION OF PRICES Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. AGL December 12013 Page 6 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 26 | 1 |
U SECTION I Continued 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. This exclusion i 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. This exclusion j does not apply to Paragraphs a b and c of the definition of personal and advertising injury. For the purposes of this exclusion j the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. ELECTRONIC CHATROOMS OR BULLETIN BOARDS Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. UNAUTHORIZED USE OF ANOTHER S NAME OR PRODUCT Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m 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 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 26 | 1 |
SECTION I Continued COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement. a We will pay medical expenses as described below for bodily injury caused by an accident because of your aviation operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 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. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS we will not pay expenses for bodily injury a ANY INSURED To any insured except volunteer workers. b HIRED PERSON To a person hired to do work for or on behalf of any insured or a tenant of any insured. c INJURY ON NORMALLY OCCUPIED PREMISES To a person injured on that part of premises you own or rent that the person normally occupies. d WORKERS COMPENSATION AND SIMILAR LAWS To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e ATHLETICS ACTIVITIES To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f PRODUCTS COMPLETED OPERATIONS HAZARD Included within the products completed operations hazard. COVERAGE A EXCLUSIONS g Excluded under Coverage A. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 26 | 1 |
SECTION I Continued COVERAGE D HANGARKEEPERS LIABILITY L. Insuring Agreement. b We will pay those sums that the insured becomes legally obligated to pay as damages because of direct and accidental loss of or physical injury to aircraft i In the care custody or control of the insured or ii While being serviced by the insured including any resulting loss of use. All such loss of use shall be deemed to occur at the time of the direct and accidental loss of or physical injury to aircraft that caused the loss of use. 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 loss of or physical injury to aircraft to which this insurance does not apply or when this insurance is excess. We may at our discretion investigate any loss of or physical injury to aircraft that occurs and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION IV LIMITS OF INSURANCE 2 This insurance is subject to the Deductibles endorsement if any unless physical injury results from fire or explosion and 3 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 Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A B and D. This insurance applies to loss of or physical injury to aircraft but only if such loss or physical injury occurs in the coverage territory and during the policy period. Exclusions. In addition to the exclusions contained in SECTION II GENERAL POLICY EXCLUSIONS this insurance does not apply to b d e CONTRACTUAL LIABILITY The insured s liability under any contract or agreement to be responsible for loss of or physical injury to aircraft. This exclusion a does not apply to liability for damages that the insured would have in the absence of the contract or agreement. OWNED RENTED OR MANAGED AIRCRAFT Loss of or physical injury to aircraft 1 Owned in whole or in part by or registered in the name of any insured 2 Rented leased or loaned to any insured or 3 That is the subject of a management agreement with any insured. THEFT OR CONVERSION Loss of or physical injury to aircraft due to theft or conversion caused in any way by you your employees or by your shareholders. YOUR WORK Loss of or physical injury to your work arising out of it or any part of it. AIRCRAFT IN FLIGHT Loss of or physical injury to aircraft while in flight. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 26 | 1 |
SECTION I Continued SUPPLEMENTARY PAYMENTS COVERAGES A B and D L. 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 5000 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 500 a day because of time off from work. e All costs taxed against the insured in the suit. f Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b This insurance applies to such liability assumed by the insured c The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f The indemnitee 1 Agrees in writing to a. Cooperate with Global Aerospace Inc. in the investigation settlement or defense of the suit b. Immediately send copies of any demands notices summonses or legal papers received in connection with the suit to Global Aerospace Inc. Attention General Aviation Claims at One Sylvan Way Parsippany NJ 07054 c. Notify any other insurer whose coverage is available to the indemnitee and d. Cooperate with Global Aerospace Inc. with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides Global Aerospace Inc. with written authorization to a. Obtain records and other information related to the suit and b. Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2 of Exclusion b CONTRACTUAL AGL December 12013 Page 10 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION I Continued LIABILITY applicable to Coverage A 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 0f 26 | 1 |
SECTION II GENERAL POLICY EXCLUSIONS Other provisions of this policy may limit or exclude insurance coverage. You are therefore urged to read the entire policy carefully. This policy does not cover any claim damage injury loss cost expense or liability of any nature whatsoever arising from occasioned by or in consequence of whether directly or indirectly and whether wholly or partly 1. WAR HIJACKING AND OTHER PERILS a War invasion acts of foreign enemies hostilities whether war be declared or not civil war rebellion revolution insurrection martial law military or usurped power or attempts at usurpation of power. b Any hostile detonation of any weapon of war employing atomic or nuclear fission andor fusion or other like reaction or radioactive force or matter. c Strikes riots civil commotions or labor disturbances. d Any act of one or more persons whether or not agents of a sovereign power for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. e Any malicious act or act of sabotage. f Confiscation nationalization seizure restraint detention appropriation requisition for title or use by or under the order of any government whether civil military or de facto or public or local authority. g Hi jacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight including any attempt at such seizure or control made by any person or persons on board the aircraft acting without the consent of the insured. Furthermore this policy does not cover claims or suits arising while the aircraft is outside the control of the insured by reason of any of the above perils. The aircraft shall be deemed to have been restored to the control of the insured on the safe return of the aircraft to the insured at an airfield not excluded by the geographical limits of this policy and entirely suitable for the operation of the aircraft such safe return shall require that the aircraft be parked with engines shut down and under no duress. 2. ELECTRONIC DATE RECOGNITION a The failure or inability to correctly recognize process distinguish interpret or accept any change of year date or time including but not limited to 1 The change of year from 1999 to 2000 or 2 The change of date from August 21 1999 to August 22 1999 By any computer system hardware program or software microprocessor integrated circuit or similar device whether in computer equipment or non computer equipment whether the property of any insured or of others or b Any advice consultation design evaluation inspection installation maintenance repair replacement or supervision provided or done by any insured or for any insured or by any third party to determine rectify or test for any potential or actual problems described in Paragraph a above. 3. NUCLEAR RISKS a Injury or damage 1 With respect to which the insured under this policy is also an insured under any a. Nuclear energy liability policy or b. Other policy that affords insurance equivalent to that described in Paragraphs i and i below. 2 Resulting from the hazards described in Paragraphs b c and d below with respect to which a. Any person or organization is required to maintain financial protection pursuant to legislation in any country or b. The insured under this policy is or had this policy not been issued would be entitled to indemnification AGL December 12013 Page 12 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION II GENERAL POLICY EXCLUSIONS from any government or agency thereof b The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof c The radioactive properties of or a combination of radioactive properties with toxic explosive or other hazardous properties of any other radioactive material in the course of carriage as cargo including storage or handling incidental thereto or d Tonizing radiations or contamination by radioactivity from or the toxic explosive or other hazardous properties of any other radioactive source whatsoever. This exclusion 3 is subject to the following i Any such radioactive material or other radioactive source referred to in Paragraphs c and d above shall not include a. Depleted uranium and natural uranium in any form b. Radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific medical agricultural commercial educational or industrial purpose. ii Loss destruction damage expense or legal liability in respect of the nuclear risks not excluded by reason of the preceding paragraph shall subject to all other terms conditions limitations warranties and exclusions of this policy be covered provided that a. In the case of any claim in respect of radioactive material in the course of carriage as cargo including storage or handling incidental thereto such carriage shall in all respects have complied with the full International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air unless the carriage shall have been subject to any more restrictive legislation when it shall in all respects have complied with such legislation b. This policy shall only apply to an incident happening during the period of this policy and where any claim by the insured against us or by any claimant against the insured arising out of such incident shall have been made within three years after the date thereof c. Inthe case of any claim for the loss of or destruction of or damage to or loss of use of an aircraft caused by or contributed to by radioactive contamination the level of such contamination shall have exceeded the maximum permissible level set out in the following scale Emitter Maximum permissible level of non fixed radioactive surface contamination IAEA Health and Safety Regulations Averaged over 300 cm Beta gamma and low toxicity alpha emitters Not exceeding 4 Becquerels cm 10 microcuries cm All other emitters Not exceeding 0.4 Becquerels cm 10 microcuries cm2 d. We may cancel coverage afforded hereby by mailing or delivering to the first Named Insured written notice of cancellation at least 7 days before the effective date of cancellation. 4. ASBESTOS a The actual alleged or threatened presence of asbestos in any form whatsoever or any material or product containing or alleged to contain asbestos or b Any obligation request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat neutralize protect against or in any other way respond to the actual alleged or threatened presence of asbestos or any material or product containing or alleged to contain asbestos. AGL December 12013 Page 13 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. polif iy Al ather emittere | 1 |
5. SECTION II Continued However this exclusion 4 shall not apply to any claim or suit caused by or resulting in an aircraft crash fire explosion or collision or a recorded in flight emergency causing abnormal aircraft operation. Notwithstanding any other provisions of this policy we will have no duty to investigate defend or pay defense costs in respect of i Any claim or suit excluded under Paragraphs a or b above or ii Any such obligation request demand order or statutory or regulatory requirement described in Paragraph b above. NOISE POLLUTION AND OTHER PERILS a Noise whether audible to the human ear or not or vibration sonic boom and any phenomena associated therewith b Pollution and contamination of any kind whatsoever c Electrical and electromagnetic interference or d Interference with the use of property unless caused by or resulting in an aircraft crash fire explosion or collision or a recorded in flight emergency causing abnormal aircraft operation. As respects liability arising out of the products completed operations hazard Paragraph b above does not apply to pollution and contamination of your product. Nothing in this exclusion 5 shall override any radioactive contamination or other exclusion clause attached to and forming part of this policy. EMPLOYMENT RELATED PRACTICES Any employment related practice termination of any person s employment or refusal to employ any person or any injury to any other person resulting from any such practice termination or refusal. This exclusion 6 applies 1 Whether the injury takes place before during or after a person s employment 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of injury. TRADE OR ECONOMIC SANCTIONS AND CONFORMITY WITH LAW This policy does not apply to the extent that trade or economic sanctions or other laws or regulations including but not limited to those administered and enforced by the Office of Foreign Asset Control of the United States Treasury Department prohibit the Company from providing insurance or paying claims. If the provisions of this policy are in conflict with any other laws or regulations in force in any jurisdiction where this policy is in effect this policy will conform to those laws or regulations. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 26 | 1 |
SECTION III WHO IS AN INSURED The following are insureds as respects your aviation business 1. If you are designated in the Declarations as a An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 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. 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 co employee while in the course of his or her employment or to your other volunteer workers while performing duties related to the conduct of your business b. To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1 a. above c. For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1 a. or b. above or d. Arising out of his or her providing or failing to provide professional health care services. 2 Property damage under Coverage A to property a. Owned occupied or used by b. Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees any volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 26 | 1 |
SECTION I Continued 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 c Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization d Coverage C does not apply to medical expenses arising out of bodily injury that occurred before you acquired or formed the organization and e Coverage D does not apply to loss of or physical injury to aircraft that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 26 | 1 |
SECTION 1V 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 c Persons or organizations making claims or bringing suits or d Aircraft to which Coverage D applies. 2. The General Aggregate Limit is the most we will pay for the sum of a Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard b Damages under Coverage B and c Medical expenses under Coverage C. 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 Aggregate Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury. 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. 8. The Hangarkeepers Each Accident Limit is the most we will pay for the sum of damages under Coverage D because of direct and accidental loss of or physical injury to one or more aircraft resulting from any one accident. 9. Subject to Paragraph 8. above the Hangarkeepers Each Aircraft Limit is the most we will pay for the sum of damages under Coverage D because of direct and accidental loss of or physical injury to any one aircraft resulting from any one accident. The limits of this policy 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 26 | 1 |
SECTION V POLICY CONDITIONS This policy is subject to the following conditions L. Conformity With Law. If the terms of this policy are in conflict with or inconsistent with the laws of any jurisdiction where this policy is in effect this policy will conform to those laws. Titles of Paragraphs. The titles of the various paragraphs of this policy are inserted solely for reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Representations. By accepting this policy you agree a The statements in the Declarations are accurate and complete b Those statements are based upon representations you made to us and c We have issued this policy in reliance upon your representations. Premiums. The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. 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 on our behalf by Global Aerospace Inc. and made a part of this policy. Cancellation. a The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 90 days before the effective date of cancellation if we cancel for any other reason. c We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e 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. f If notice is mailed proof of mailing will be sufficient proof of notice. 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 26 | 1 |
SECTION V Continued 8. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. 9. Legal Action Against Us. No person or organization has a right under this policy to join us as a party or otherwise bring us into a suit asking for damages from an insured or to sue us on this policy 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 policy 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. Each of the insurers shown in the Declarations appoints Global Aerospace Inc. as duly authorized agent for service of process. Service of process shall be made upon Global Aerospace Inc. Attention General Counsel at One Sylvan Way Parsippany NJ 07054. However service upon Global Aerospace Inc. does not constitute a waiver of any rights to commence an action in any court of competent Jjurisdiction or to seek a transfer to another court or venue as permitted by law. 10. 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 policy 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. 11. Separation of Insureds. Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy 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. 12. Duties in the Event of Occurrence Offense Loss of or Physical Injury to Aircraft Claim or Suit. a You must see to it that Global Aerospace Inc. Attention General Aviation Claims at the US Home Office or Regional Office address set out on the cover page of this policy is notified as soon as practicable of an occurrence offense or loss of or physical injury to aircraft that may result in a claim. To the extent possible notice should include 1 How when and where the occurrence offense or loss of or physical injury to aircraft 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 offense or loss of or physical injury to aircraft. b If a claim is made or suit is brought against any insured you and any other involved insured must immediately 1 Record the specifics of the claim or suit and the date received and 2 Send copies of any demands notices summonses or legal papers received in connection with the claim or suit to Global Aerospace Inc. Attention General Aviation Claims at the US Home Office or Regional Office address set out on the cover page of this policy. You and any other involved insured must 1 Authorize Global Aerospace Inc. to obtain records and other information 2 Cooperate with Global Aerospace Inc. in the investigation or settlement of the claim or defense against the suit and AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 26 | 1 |
SECTION V Continued 3 Assist Global Aerospace Inc. upon its request in the enforcement of any right against any person or organization that 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 any payment assume any obligation or incur any expense other than for first aid without the consent of Global Aerospace Inc. 13. Inspections and Surveys. a We have the right to 1 Make inspections and surveys at any time 2 Give you reports on the conditions we find and 3 Recommend changes. b 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. We do not warrant that conditions are safe or healthful or comply with laws regulations codes or standards. c Paragraphs a and b 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. d Paragraph b 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. 14. 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. 15. Premium Audit. a We will compute all premiums for this policy in accordance with our rules and rates. b Premium shown in this 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. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c The first Named Insured must keep records of the information we need for premium computation and send us copies of those records at such times as we may request. 16. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A B or D of this policy 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 AGL December 12013 Page 20 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION V Continued 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 autos or watercraft to the extent not subject to Exclusion g AUTO OR WATERCRAFT applicable to Coverage A or b. Any other primary insurance available to you covering liability for damages to which this policy applies for which you have been added as an insured. 2 When this insurance is excess we will have no duty under Coverage A B or D 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 policy. 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. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 26 | 1 |
SECTION VI DEFINITIONS 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. Aircraft means aircraft or the components thereof. Auto means a A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness disease or mental anguish 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 Your product or your work made sold or performed 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 who is away for a short time on your aviation 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. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Flight means a As respects any aircraft other than a glider without self launch capability or lighter than air aircraft the time commencing with the application of power for takeoff and continuing until 1 the completion of the decelerating run after touching down or 2 touching down in the case of a vertically landed aircraft b As respects a glider without self launch capability the time commencing with the application of power for takeoff to the tow aircraft and continuing until the glider comes to rest after landing and c As respects a lighter than air aircraft the time commencing with the release of moorings and continuing until the application of moorings. Ground operations hazard includes all operations conducted by you or on your behalf at or from the premises described in this policy except operations a Included within the products completed operations hazard or AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 26 | 1 |
SECTION VI Continued b Related to 1 Any aircraft that is a. Inflight b. Owned in whole or in part by or registered in the name of any insured c. Rented leased or loaned to or hired by any insured or d. The subject of a management agreement with any insured 2 The hiring employment supervision training monitoring warning or failure to do any of these of any pilot or crew member on board any aircraft described in Paragraph 1 above or 3 Aircraft traffic control operations other than the direction of aircraft movement on an aircraft parking area you own or lease. Paragraphs b 1 a. and b 3 above shall not apply to you with respect to the operation of a control tower by the Federal Aviation Administration. 9. Impaired property means tangible property other than your product or your work that can not be used or is less useful because b It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 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. 10. Insured contract means b d e A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement or That part of any other contract or agreement pertaining to your aviation 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 roadbeds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or AGL December 12013 Page 23 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 26 | 1 |
SECTION VI Continued 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 2 above and supervisory inspection architectural or engineering activities. 11. 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. 12. 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 airport or heliport premises you own or rent. However this shall not preclude use of such vehicles off such premises while 1 Responding to an aviation emergency 2 Responding to a non aviation emergency in connection with a mutual support agreement 3 Restocking a tank or container that is attached to or part of the vehicle and designed to carry materials to be dispensed on such premises or 4 Obtaining maintenance or service for such vehicle c Vehicles that travel on crawler treads d Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e Vehicles not described in Paragraph a b c or d above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f Vehicles not described in Paragraph a b c or d above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a. Snow removal b. Road maintenance but not construction or resurfacing or c. Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial AGL December 12013 Page 24 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION VI Continued responsibility law or other motor vehicle i subject to a compulsory or financial responsi urance law where it is licensed or principally garaged. Land vehicles ility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a False arrest detention or imprisonment b Malicious prosecution c The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e Oral or written publication in any manner of material that violates a person s right of privacy f The use of another s advertising idea in your advertisement g Infringing upon another s copyright trade dress or slogan in your advertisement or h Misdirection of a person to an aircraft or other conveyance. 15. Products completed operations hazard a Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a. When all of the work called for in your contract has been completed. b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Any aircraft a. Owned in whole or in part by or registered in the name of any insured b. Rented leased or loaned to or hired by any insured or c. That s the subject of a management agreement with any insured. 16. Property damage means a Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or AGL December 12013 Page 25 of 26 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
20. SECTION VI Continued b Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Suit means a civil proceeding in which damages because of bodily injury property damage personal and advertising injury or loss of or physical injury to aircraft 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.. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you.. Your product a Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a. You b. Others trading under your name or c. A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. AGL December 1 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 26 of 26 | 1 |
LIABILITY AND MEDICAL EXPENSES COVERAGE Applicable to the WAR HI JACKING AND OTHER PERILS Exclusion It is agreed that sub paragraphs a c d e f and g of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS of this policy are deleted as respects the Liability and Medical Expense Coverages afforded by this policy. This insurance is subject to the following provisions which are applicable only to the insurance afforded by this endorsement and which shall be in addition to all other applicable provisions not amended in this endorsement Exclusion applicable only to any insurance afforded as respects the deletion of sub paragraph a of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS This insurance shall not include liability for damage to any form of property on the ground situated outside Canada and the United States of America unless caused by or arising out of the use of aircraft. Limitation of Liability The limit of our liability as respects the insurance afforded by this endorsement shall be a sub limit of 50000000 or the applicable policy limit whichever the lesser any one occurrence and in the annual aggregate. This sub limit shall apply within the full policy limit and not in addition thereto. 3. Automatic Termination To the extent provided below insurance afforded by this endorsement shall terminate automatically in the following circumstances a All insurance upon the outbreak of war whether there be a declaration of war or not between any two or more of the following states the United Kingdom the United States of America France the Russian Federation the People s Republic of China b Any insurance afforded in respect of the deletion of sub paragraph a of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS upon the hostile detonation of any weapon of war employing atomic or nuclear fission andor fusion or other like reaction or radioactive force or matter wheresoever or whensoever such detonation may occur and whether or not an aircraft may be involved c All insurance in respect of any aircraft requisitioned for either title or use upon such requisition provided that if an aircraft is in the air when a b or c occurs then the insurance afforded by this endorsement unless otherwise canceled terminated or suspended shall continue in respect of such aircraft until completion of its first landing thereafter and any crew members and passengers have disembarked. Endorsement No. 01 AGLC022 December 12013 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4. Review and Cancellation b d Review of Premium andor Geographical Limits 7 days We may give notice to review premium andor geographical limits such notice to become effective on the expiry of 7 days from 1201 A.M. local time at the address of the first Named Insured set forth in the policy on the day after which notice is given. Limited Cancellation 48 hours Following a hostile detonation as specified in Paragraph 3. b above we may give notice of cancellation of one or more parts of the insurance afforded by this endorsement by reference to sub paragraphs c d e f andor g of GENERAL POLICY EXCLUSION 1. WAR HI JACKING AND OTHER PERILS such notice to become effective on the expiry of 48 hours from 1201 A.M. local time at the address of the first Named Insured set forth in the policy on the day after which notice is given. Cancellation 7 days The insurance afforded by this endorsement may be canceled by the first Named Insured. We may also cancel it by giving notice to the first Named Insured to become effective on the expiry of 7 days from 1201 A.M. local time at the address of the first Named Insured set forth in the policy on the day after which notice is given. Notices All notices referred to in this endorsement shall be in writing. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 01 AGLC022 December 12013 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
EXCLUSION PRODUCTS COMPLETED OPERATIONS HAZARD This insurance does not apply to bodily injury or property damage included within the products completed operations hazard. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 02 AGLE009 December 1 2013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
EXCLUSION HANGARKEEPERS LIABILITY SECTION I COVERAGE D does not apply and none of the references to it in the policy apply. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 03 AGLEO15 December 12013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
NORTH CAROLINA AMENDATORY 1. SECTION V POLICY CONDITIONS Paragraph 6. Cancellation is deleted in its entirety and replaced by the following 6. Cancellation and Nonrenewal. 1. Cancellation. a The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b If this policy has been in effect for less than sixty 60 days we may cancel this policy for any reason by mailing or delivering to the first Named Insured written notice of cancellation at least fifteen 15 days before the effective date of cancellation. c d e If this policy has been in effect for sixty 60 days or more or after the effective date of a renewal by us of this policy we may cancel only for one or more of the following reasons S 3 6 Nonpayment of premium An act or omission that constitutes material misrepresentation or nondisclosure of a material fact made by you or your representative in obtaining the policy continuing the policy or in presenting a claim under the policy Substantial breach of contractual duties conditions or warranties that materially affects the insurability of the risk Increased hazard or material change in the risk assumed that could not have been reasonably contemplated at the time of assumption of the risk Determination by the Commissioner of Insurance that continuation of coverage would place us in violation of the laws of North Carolina A fraudulent act against us by an insured or his or her representative that materially affects the insurability of the risk Willful failure by an insured or his or her representative to institute reasonable loss control measures that materially affect the insurability of the risk after written notice by us Loss of facultative reinsurance or loss of or substantial changes in applicable reinsurance as provided in G.S. 58 41 30 or Conviction of an insured of a crime arising out of acts that materially affect the insurability of the risk. We will mail or deliver written notice including the reason for cancellation by first class mail to the first Named Insured at the last mailing address known to us at least fifteen 15 days before its effective date. Proof of mailing shall be sufficient proof of notice. 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 reason not stated above provided we obtain your prior written consent. Endorsement No. 04 AGLS030 January 15 2015 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1. Nonrenewal. a If we elect not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured and any designated mortgagee or loss payee at least forty five 45 days before the expiration date of the policy or the anniversary date if this policy is written for a term of more than one 1 year or with no fixed expiration date. b We will mail or deliver written notice by first class mail to the last mailing addresses known to us. Proof of mailing shall be sufficient proof of notice. c We need not mail or deliver the notice if you have insured property covered under this policy under another insurance policy accepted replacement coverage or requested or agreed to nonrenewal of this policy. 2. Notwithstanding any other provision in this policy to the contrary any obligation involving any service of process notice or proof of loss that requires service upon or delivery to us may be satisfied by service upon or delivery to any one of the insurers shown in the Declarations on behalf of all such insurers. Each of those insurers named appoints Global Aerospace Inc. as its duly authorized agent for receipt of any such notice proof of loss or service of process. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. Endorsement No. 04 AGLS030 January 15 2015 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Endorsement Premium Included | 2 |
ELECTRONIC DATE RECOGNITION LIMITED COVERAGE In consideration of the premium charged and to the extent such coverage is afforded by the policy GENERAL POLICY EXCLUSION 2. ELECTRONIC DATE RECOGNITION shall not apply to 1. Any of the Physical Damage coverages provided by the policy or 2. Any sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence. Notwithstanding Paragraph 2. above this endorsement shall not apply to a Any coverage for loss of use caused by an occurrence during the policy period arising out of subparagraph a or b of GENERAL POLICY EXCLUSION 2. ELECTRONIC DATE RECOGNITION unless such loss of use also arises out of additional injury in the form of physical injury to or destruction of tangible property or b Any coverage for grounding or c Any coverage applying in excess of any scheduled underlying insurance. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 05 AGLC025 December 12013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CONTROL TOWER LIABILITY L. Solely as respects liability for bodily injury or property damage caused by the operation of a control tower service on premises you own or rent by the person or organization shown in the Schedule herein after referred to as the Operator a Paragraphs b 1 a. and b 3 of the definition of Ground operations hazard in SECTION VI DEFINITIONS shall not apply and b SECTION III WHO IS AN INSURED is amended to include the Operator as an insured provided the duly constituted government authority having jurisdiction over civil aviation has granted authority to the Operator to provide such control tower service. As respects the insurance afforded by this endorsement the most we will pay for damages because of bodily injury or property damage is the limit shown in the Schedule which shall be part of and not in addition to the Each Occurrence limit shown in the Declarations. SCHEDULE Operator On file with the company Each Occurrence Limit applicable to the operation of a control tower service 75000000 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 06 AGLCO16 December 12013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
MULTIPLE YEAR POLICY PERIOD Two Year Rate and Premium Guaranty It is agreed that the policy terms conditions and exclusions for policy years subsequent to the first year are subject to renegotiation prior to each anniversary of the beginning of the policy period. Provided that there is no change in values limits or exposure the premium and rates applicable to the first year of the policy period are guaranteed for the second year of the policy period. The premium and rates applicable to the remainder of the policy period are subject to renegotiation prior to the anniversary of the beginning of the policy period. The premium shown in the Declarations is only for the first year of the policy period. The premium for policy years subsequent to the first year is due and payable on each anniversary of the beginning of the policy period. However if we can not agree with you on any of the negotiable items prior to an anniversary of the beginning of the policy period the insurance afforded by this policy shall terminate at 1201 AM local time at the mailing address shown under Item 1. of the Declarations on that anniversary date. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY AGLAO083 December 12013 Endorsement No. 07 Page 1 of 1 | 2 |
TRIA DISCLOSURE Does Not Provide Any Insurance Coverage THIS DISCLOSURE PROVIDES A SUMMARY OF THE PROVISIONS OF THE TERRORISM RISK INSURANCE ACT AS AMENDED. THIS DISCLOSURE IS MADE A PART OF THIS POLICY. EXCEPT AS EXPRESSLY PROVIDED NOTHING IN THIS DISCLOSURE CHANGES ANY OF THE TERMS OR CONDITIONS OF THIS POLICY AND UNDER NO CIRCUMSTANCES DOES THIS DISCLOSURE AFFORD ANY TERRORISM COVERAGE OR ANY OTHER COVERAGE. L Terrorism Risk Insurance Act Notice Under the Terrorism Risk Insurance Act as amended referred to herein as TRIA you have a right to purchase insurance coverage from us for losses arising out of an Act of Terrorism as defined in Section 1021 of TRIA. For purposes of this disclosure and to ensure compliance with TRIA the term Act of Terrorism means A. Certification Any act that is certified by the Secretary of the Treasury of the United States in consultation with the Secretary of Homeland Security and the Attorney General of the United States 1 2 3 to be an act of terrorism to be a violent act or an act that is dangerous to a human life b property or c infrastructure to have resulted in damage within the United States or outside of the United States in the case of a an air carrier or commercial vessel defined as one principally based in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States b the premises of a United States mission and to have been committed by an individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. Limitation No act shall be certified by the Secretary as an act of terrorism if 1 2 the act is committed as part of the course of war declared by the Congress except that this clause shall not apply with respect to any coverage for workers compensation or property and casualty insurance losses resulting from the act in aggregate do not exceed 5.000000. C. Determinations Final Any certification of or determination not to certify an act of terrorism under this paragraph shall be final and shall not be subject to judicial review. D. No delegation The Secretary may not delegate or designate to any other officer employee or person any determination under this paragraph of whether during the effective period of the Program an act of terrorism has occurred. Endorsement No. 08 AGLMO01 May 12015 Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1I. 1IL Federal Share of Compensation If coverage is purchased see Section III below payments made under this policy for losses caused by a certified Act of Terrorism will be reimbursed in part by the United States Government to us using a formula established by federal law. Under this formula if the aggregate insured losses exceed a trigger amount 100000000 through 2015 120000000 beginning on January 1 2016 140000000 beginning on January 1 2017 160000000 beginning on January 1 2018 180000000 beginning on January 1 2019 and 200000000 beginning on January 1 2020 the United States Government generally reimburses a percentage 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of covered terrorism losses exceeding the statutorily established deductible paid by us for losses arising from certified Acts of Terrorism. 100 Billion Program Cap TRIA contains a program cap of 100000000000 that limits United States Government reimbursement as well as our liability for losses resulting from certified Acts of Terrorism when the amount of such losses in any one calendar year exceeds the program cap. If the aggregated insured losses for all insurers exceed the program cap coverage if purchased for Acts of Terrorism may be reduced. Conditional Termination of this Disclosure A. The provisions of TRIA state that the Terrorism Risk Insurance Program shall terminate on December 312020. Unless the program is renewed extended or otherwise continued by the federal government this disclosure terminates upon the first occurrence of any of the following conditions 1 the policy period ends or 2 the federal Terrorism Risk Insurance Program has terminated either in its entirety or with respect to the type of insurance afforded by this policy or 3 a renewal extension or continuation of the Terrorism Risk Insurance Program has become effective without a requirement to make terrorism coverage available with respect to the type of insurance afforded by this policy. B. If none of the conditions set forth in paragraph IL. A. above occur this disclosure will remain in effect unless we notify you of changes in response to federal law. TRIA Terrorism Coverage As required by TRIA an offer of terrorism coverage within the terms of TRIA TRIA Terrorism Coverage was included in our quote. No insurance is afforded by this notice and no TRIA Terrorism Coverage is afforded under this policy unless such offer was accepted and TRIA Terrorism Coverage was purchased. If TRIA Terrorism Coverage was purchased TRIA endorsements are attached to this policy and the premium for such coverage will be as stated in the binder as respects any such endorsements. If TRIA Terrorism Coverage was not purchased coverage for terrorism is excluded as provided in the policy unless as permitted by TRIA alternative terrorism coverage was negotiated in which case one or more endorsements to this policy include the negotiated coverage for terrorism Alternative Terrorism Coverage. If purchased such Alternative Terrorism Coverage includes portions which fall within TRIA the TRIA Portion as well as other coverage outside of TRIA and the premium corresponding to the TRIA Portion of the Alternative Terrorism Coverage is 10 of the total premium for the endorsements providing the Alternative Terrorism Coverage. Any TRIA Terrorism Coverage and the TRIA Portion of any Alternative Terrorism Coverage is subject to all of the disclosures and limitations set forth in Section I above. Endorsement No. 08 AGLMO001 May 1 2015 Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Iv. Application Nothing contained in this disclosure shall vary waive alter or extend any of the terms conditions agreements or provisions of this policy other than as above stated. Notwithstanding anything in the policy to the contrary as used in this disclosure 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 insurers shown in the Declarations providing this ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This disclosure is effective August 30 2015 Disclosure Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. A BY Endorsement No. 08 AGLMO01 May 12015 Page 3 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
BROAD FORM NAMED INSURED The Named Insured shown in Item 1. of the Declarations includes the Named Insureds shown in the Schedule and any entity that a Named Insured owns a majority interest in or any other entity that a Named Insured owns an interest in and is responsible for obtaining casualty insurance for that entity. SCHEDULE Named Insured OBS Broadcast LLC O. Bruton Smith OBS Family LLC The O. Bruton Smith Family Irrevocable Trust B. Scott Marcus G. and David B. Smith Smith Trusts Children OBS Holdings LLC Sonic Financial Corporation NC American General Advertising Inc. Churchill Stables LLC Dallas Motor Speedway Inc Floyd Smith Office Park LLC Provident American Insurance Company Sonic Automotive Inc. Speedway Motorsports Inc Transtar Marketing Group Inc. SMDA Properties LLC Chartown Sonic Financial Corp. O. Bruton Smith Speedway Motorsports Inc. DE NC GA KY TN Atlanta Motor Speedway LLC GA Bristol Motor Speedway LLC TN Charlotte Motor Speedway LLC NC Kentucky Raceway LLC KY New Hampshire Motor Speedway Inc NH Nevada Speedway LLC DE NV Speedway Funding LLC DE NV North Wilkesboro Speedway Inc. NC Oil Chem Research Corporation IL NC SMI Systems LLC NV GA IL KY NC TN TX Speedway Properties Company LLC PRN DE NC NV Speedway Sonoma LLC Sonoma Raceway DE CA Speedway TBA LLC NC SMISC Holdings Inc. SMI Properties NC Texas Motor Speedway Inc. TX Inex Corp. NC U.S. Legend Cars International Inc. NC TX Speedway Consulting and Design Inc. NC Speedway Motorsports International Limited BV Speedway Media LLC NC TN SMI Trackside LLC NC TSI Management Company LLC NC ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective August 30 2015 Endorsement Premium Included Attached to and made part of Policy No. 15000751 Issued to SONIC FINANCIAL CORPORATION Global Aerospace Inc. BY Endorsement No. 09 AGLA004 December 1 2013 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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FRAUD NOTICE Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. STATE SPECIFIC PROVISIONS Any person who knowingly presents a false or fraudulent claim for payment of aloss or benefit or knowingly presents false information in an application for insurance isguilty of a crime and may be subject to fines and confinement in prison. It is unlawful to knowingly provide false incomplete or misleading facts or information to aninsurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Anyinsurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purposeof defrauding or attempting to defraud the policyholder or claimant with regard to asettlement or award payable for insurance proceeds shall be reported to the ColoradoDivision of Insurance within the Department of Regulatory Agencies. Arkansas Colorado District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for thepurpose of defrauding the insurer or any other person. Penalties include imprisonmentand or fines. In addition an insurer may deny insurance benefits if false informationmaterially related to a claim was provided by the applicant. Any person who knowingly and with intent to injure defraud or deceive anyinsurer files a statement of claim or an application containing any false incomplete ormisleading information is guilty of a felony of the third degree. For your protection Hawaii law requires you to be informed that presenting a fraudulentclaim for payment of a loss or benefit is a crime punishable by fines or imprisonment orboth. Any person who knowingly and with the intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy or a claim for payment or other benefit pursuant to an insurance policy which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto is guilty of a crime and may be subject to fines and confinement in prison. Any person who knowingly and with intent to defraud any insurancecompany or other person files an application for insurance containing any materially falseinformation or conceals for the purpose of misleading information concerning any factmaterial thereto commits a fraudulent insurance act which is a crime. Any person who knowingly presents a false or fraudulent claim for payment of aloss or benefit or knowingly presents false information in an application for insurance isguilty of a crime and may be subject to fines and confinement in prison. Itis a crime to knowingly provide false incomplete or misleading information to aninsurance company for the purpose of defrauding the company. Penalties may includeimprisonment fines or denial of insurance benefits. Page 10f 3 Florida Hawaii Kansas Kentucky Louisiana Maine PNAP 001 0414 | 2 |
Maryland New Jersey New Mexico New York Ohio Oklahoma Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Any person who includes any false or misleadinginformation on an application for an insurance policy is subject to criminal and civilpenalties. Any person who knowingly presents a false or fraudulent claim for payment of a loss orbenefit or knowingly presents false information in an application for insurance is guilty of acrime and may be subject to civil fines and criminal penalties. All commercial insurance forms except as provided for automobile insurance Any person who knowingly and with intent to defraud any insurance company or otherperson files an application for insurance or statement of claim containing any materiallyfalse information or conceals for the purpose of misleading information concerning any factmaterial thereto commits a fraudulent insurance act which is a crime and shall also besubject to a civil penalty not to exceed five thousand dollars and the stated value of theclaim for each such violation. Automobile insurance forms Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto and any person who in connection with such application or claim knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation Fire Insurance Any person who knowingly and with intent to defraud any insurancecompany or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that theseapplications shall constitute a part of any policy issued whether attached or not and that anywillful concealment or misrepresentation of a material fact or circumstances shall begrounds to rescind the insurance policy. Any person who with intent to defraud or knowing that he is facilitating a fraud against aninsurer submits an application or files a claim containing a false or deceptive statement isguilty of insurance fraud. WARNING Any person who knowingly and with intent to injure defraud or deceive anyinsurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. New Jersey New Mexico New York Ohio Oklahoma Page 2 of 3 PNAP 001 0414 | 2 |
Oregon Pennsylvania Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents materially false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. In order for us to deny a claim on the basis of misstatements misrepresentations omissions or concealments on your part we must show that A. The misinformation is material to the content of the policy B. We relied upon the misinformation and C. The information was either 1. Material to the risk assumed by us or 2. Provided fraudulently. For remedies other than the denial of a claim misstatements misrepresentations omissions or concealments on your part must either be fraudulent or material to our interests. With regard to fire insurance in order to trigger the right to remedy material misrepresentations must be willful or intentional. Misstatements misrepresentations omissions or concealments on your part are not fraudulent unless they aremade with the intent to knowingly defraud. Any person who knowingly and with intent to defraud any insurance company orother person files an application for insurance or statement of claim containing anymaterially false information or conceals for the purpose of misleading informationconcerning any fact material thereto commits a fraudulent insurance act which is a crimeand subjects such person to criminal and civil penalties. Pennsylvania Puerto Rico Any person who knowingly and with the intention to defraud includes false information in an application for insurance or file assist or abet in the filing of a fraudulent claim to obtain payment of a loss or other benefit or files more than one claim for the same loss or damage commits a felony and if found guilty shall be punished for each violation with a fine of no less than five thousand dollars 5000 not to exceed ten thousand dollars 10000 or imprisoned for a fixed term of three 3 years or both. If aggravating circumstances exist the fixed jail term may be increased to a maximum of five 5 years and if mitigating circumstances are present the jail term may be reduced to a minimum of two 2 years. Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Itis a crime to knowingly provide false incomplete or misleading information toan insurance company for the purpose of defrauding the company. Penalties includeimprisonment fines and denial of insurance benefits. Itis a crime to knowingly provide false incomplete or misleading information to aninsurance company for the purpose of defrauding the company. Penalties includeimprisonment fines and denial of insurance benefits. It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Rhode Island Tennessee Virginia Washington West Virginia Page 3 of 3 PNAP 001 0414 | 2 |
PRIVACY POLICY Catlin insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with a high degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our U.S. based companies. For purposes of our Privacy Policy the term personal information includes all nonpublic information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Statement Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly our practice is to 1. Follow appropriate standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. Verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration risk management or claims handling and only with reputable references and clearinghouse services 3. Collect and use information about you and your business to advise you about and deliver to you excellent service and products and to administer our business 4. Train our employees to handle personal information about you or your business in a secure and confidential manner and maintain reasonable access controls. Not disclose personal information about you or your business to any organization outside the Catlin insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are permitted to do so by law 5. Not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 6. Attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 7. Audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek. We collect most of our information directly from you through our agents or broker. Depending on the nature of your insurance transaction we may need additional information from outside sources such as motor vehicle records loss information reports court records or other public records. In some instances we may send someone to inspect your property and verify information about its value and condition and a photo of the property may be taken PNAP 002 0112 Page 10f 3 Page 1 0of 3 | 2 |
Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. If coverage is declined or the charge for coverage is increased because of information contained in a consumer report we will tell you as required by law. We will also give you the name and address of the consumer reporting agency making the report. Retel n and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect electronic data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. PNAP 002 0112 Page 2 of 3 Page 2 of 3 | 2 |
Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker An independent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants An insurance support organization Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Lienholder mortgagee assignee lessor or other person shown on our records or our agent s as having a legal or beneficial interest in a policy of insurance. Parties acting in a fiduciary or representative capacity to you or parties administering transactions as requested or authorized by you. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. Page 3 of 3 PNAP 002 0112 | 2 |
U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Policyholder Notice provides information concerning the possible impact on your insurance coverage provided under your policy due to directives issued by OFAC. Please read this Policyholder Notice carefully. OFAC administers and enforces economic and trade sanctions based on US foreign policy and national security goals based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be found on the United States Treasury s web site httpwww.treas.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated US sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. PNAP 003 1208 Page 1 of 1 | 2 |
CLAIMS NOTICE Al claims must be reported to Catlin at Catlin Attn Claims Attn Claims P.O. Box 8049 Scottsdale AZ 85252 E Mail catlinclaims.atlantacatlin.com Phone 404 443 4910888 443 4910 Fax 404 443 4912 PNCL NO2 0811 Page 1 of 1 | 2 |
Policy Number GLH000601 0516 Previous Policy Number LA Tl IN NEW COMMERCIAL GENERAL LIABILITY DECLARATIONS INSURER UNDERWRITING OFFICE Catlin Specialty Insurance Company Suite 101 160 Greentree Drive Dover DE 19904 111 S. Wacker Dr Ste 4730 Chicago IL 60606 PRODUCER AmWINS Brokerage of lllinois LLC 10S. LaSalle Street Suite 2000 Chicago IL 60603 In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. ITEM ONE Named Insured The Gerson Company Mailing Address 1450 S Lone Eim Rd Olathe KS 66061 Policy Period From 05262015 To 05262016 At 1201 A.M. both dates at your mailing address shown above. Form Of Business Corporation Joint Venture Limited Liability Company Individual Partnership Other Organization including Corporation but not including a Partnership Joint Venture or Limited Liability Company z Occurrence CG 00 01 Claims Made CG 00 02 THIS POLICY IS ISSUED BY AN INSURER NOT AUTHORIZED TO DO BUSINESS IN KANSAS AND AS SUCH THE FORM FINANCIAL CONDITION AND RATES ARE NOT SUBJECT TO REVIEW BY THE COMMISSIONER OF INSURANCE AND THE INSURED IS NOT PROTECTED BY ANY GUARANTY FUND. CSGL 001 1 0714 Includes copyrighted material of Insurance Services Page 1 0f 2 Office Inc. with its permission | 2 |
ITEM TWO LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 1000000 Any one premises MEDICAL EXPENSE LIMIT N A Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 ITEM THREE RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES ITEM FOUR Estimated Premium 160000.00 Basis of Premium See Composite Rate Endt Terrorism Premium Certified Acts Rejected Rate if applicable See Composite Rate Endt Audit Fee 150.00 Policy Writing Minimum Premium 40000.00 Inspection Fee State Tax or Other Other Policy Fees if applicable TOTAL PREMIUM 160150.00 MIT Basis of Premium errorism Premium ertified Acts udit Fee ispection Fee ther Policy Fees OTAL PREMIUM w v e Policy Writing Minimum Premium 40000.00 State Tax or Other if applicable ITEM FIVE Forms and Endorsements Forming a Part of this Policy as of the Inception Date See Schedule of Forms and Endorsements THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. e D SEZ Countersigned 05262015 by g Date Authorized Representative CSGL 001 1 0714 Includes copyrighted material of Insurance Services Page 2 of 2 Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured The Gerson Company Policy Number Policy Period GLH900601 0516 From 05262015 To 05262016 Forms and Endorsements ABAPJO03 0515 XLCatlin Policy Cover Jacket CSGL001 1 0714 Commercial General Liability Declaration ABAP900 1008 Service of Suit ABAP401 1012 In Witness Endorsement CG0001 0413 Commercial General Liability Coverage Form Occurrence Version 1L0017 1198 Common Policy Conditions 1L0021 0908 Nuclear Energy Liability Exclusion Endorsement CSGL418 0313 Minimum Premium Endorsement CSMP631 1207 Exclusion Newly Acquired or Formed Organization CSMP437 0211 Notice Of Cancellation To Designated Entity CSMP446 0313 Notice Of Cancellation And Nonrenewal CAAP410 0610 Amendatory Endorsement Who is an Insured Broadened CSMP452 1113 Amended Bodily Injury Definition CG0435 1207 Employee Benefits Liability Coverage CG2034 0413 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG2165 1204 Total Pollution Exclusion with a Building Heating and Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception CAGL407 0613 Self Insured Retention Endorsement CSLS410GL 0511 Knowledge of Occurrence Occurrence Version CSGL419 0313 Who is An Insured Amended CAAP416 0612 Non Stacking Endorsement ABAP 302 1007 Page 1 of 2 nan nan nan nan 511.0 oral Liability Declaration sement eral Liability Coverage Form Occurrence Version onditions iability Exclusion Endorsement n Endorsement Acquired or Formed Organization ation To Designated Entity ation And Nonrenewal orsement Who is an Insured Broadened njury Definition s Liability Coverage Lessor Of Leased Equipment Automatic Status When Aareement With You ement currence Version | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured The Gerson Company Policy Number GLH900601 0516 Policy Period From 05262015 To 05262016 Forms and Endorsements CAAP423 0814 ABGL600 0212 ABGL605 0212 ABGL610 0212 CSMP417 0708 CG2404 0509 CG2504 0509 CG2001 0413 CG2015 0413 CG2026 0413 CG2106 0514 CG2135 1001 CG2147 1207 CG2167 1204 CG2173 0115 CG2196 0305 Composite Rate and Basis of Premium Asbestos Exclusion Lead Exclusion Cross Claims or Cross Suits Exclusions Unintentional Failure To Disclose Waiver of Transfer of Rights of Recovery Against Others To Us Designated Locations General Aggregate Limit Primary And Noncontributory Other Insurance Condition Additional Insured Vendors Additional Insured Designated Person Or Organization Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception Exclusion Coverage C Medical Payments Employment Related Practices Exclusion Fungi or Bacteria Exclusion Exclusion of Certified Acts of Terrorism Silica or Silica Related Dust Exclusion ABAP 302 1007 Page 2 of 3GL600 0212 3GL605 0212 3GL610 0212 SMP417 0708 52404 0509 52504 0509 52001 0413 52015 0413 52026 0413 52106 0514 52135 1001 52147 1207 52167 1204 32173 0115 52196 0305 Asbestos Exclusion Lead Exclusion Cross Claims or Cross Suits Exclusions Unintentional Failure To Disclose Waiver of Transfer of Rights of Recovery Against Others To Us Designated Locations General Aggregate Limit Primary And Noncontributory Other Insurance Condition Additional Insured Vendors Additional Insured Designated Person Or Organization Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception Exclusion Coverage C Medical Payments Employment Related Practices Exclusion Fungi or Bacteria Exclusion Exclusion of Certified Acts of Terrorism Silica or Silica Related Dust Exclusion | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT The following service of suit provision is added and replaces any other Service of Suit provision contained elsewhere in this policy The Superintendent Commissioner or Director of Insurance of the State is hereby designated the true and lawful attorney of the Company upon whom may be served all lawful process in any action suit or proceeding arising out of this policy. The Company further designates Steve Adams Legal Counsel 3340 Peachtree Road N.E. Suite 2950 Atlanta GA 30326 as its agent to whom such process shall be forwarded by the Director of Insurance. For lllinois exposures the Insurer further designates the Director of the lllinois Division of Insurance and his successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of an lllinois exposure and this contract of insurance. All other terms conditions and exclusions remain unchanged. Page 1 of 1 ABAP 900 1008 | 2 |
IN WITNESS ENDORSEMENT CATLIN SPECIALTY INSURANCE COMPANY ADMINISTRATIVE OFFICE STATUTORY HOME OFFICE 3340 Peachtree Road N.E. Tower Place 100 Suite 2950 Atlanta GA 30326 160 Greentree Drive Suite 101 Dover Delaware 19904 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. Ao I Afdrew McMellin President T Steven C. Adams Secretary ABAP 4011012 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation 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 lll Limits Of Insurance and 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 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. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 1 0f 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 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 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii 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 ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 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 2 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. 6. 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. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury 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 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or 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. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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. o 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 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 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 d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 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.. 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. 2 3 4 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 I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 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 information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 2 3 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. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the 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. 12.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. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and rec ords 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 and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00 17 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom tion Mutual Atomic Energy Liability 2 The nuclear material is contained in Underwriters Nuclear Insurance Associa spent fuel or waste at any time pos tion of Canada or any of their successors sessed handled used processed stored or would be an insured under any such pol transported or disposed of by or on behalf icy but for its termination upon exhaustion of an insured or of its limit of liability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. expenses incurred with respect to bodily in Nuclear material means source material spe jury resulting from the hazardous properties cial nuclear material or by product material. of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MINIMUM PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Paragraph 5. Premium Audit of Section IV CONDITIONS is replaced by the following 5. Premium Calculation and Minimum Premium a. The premium stated in the Declarations is based on the exposures you told us you would have when this policy began and will be the minimum premium for the policy period shown in the Declarations. b. Unless Flat Charge is shown under Basis of Premium in the Declarations we will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance if any. c. If this policy is cancelled by you and the calculated earned premium is less than the policy writing minimum stated in the Declarations the policy writing minimum premium shall apply. d. You must keep records of the information we need for premium calculation and send us copies of such records upon expiration of this policy or at such times as we may request. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 CSGL 418 0313 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NEWLY ACQUIRED OR FORMED ORGANIZATION EXCLUSION Paragraph 3. of SECTION Il WHO IS AN INSURED is deleted in its entirety. All other terms conditions and exclusions remain unchanged. Page 1 of 1 CSMP 631 1207 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION TO DESIGNATED ENTITY SCHEDULE Name and Address of Designated Entity As per written contract or written agreement. 1. If we cancel this policy we will give written notice to the Designated Entity shown in the Schedule 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. 2. The notice of cancellation will state the effective date of cancellation and may be delivered or sent by any means of our choosing. 3. The notice of cancellation is solely for the purpose of informing the Designated Entity of the effective date of cancellation and does not grant alter or extend any rights or obligations under this policy. 4. Failure to give notice in accordance with the terms of this endorsement does not a. Alter the effective date of cancellation b. Render such cancellation ineffective c. Grant alter or extend any rights or obligations under this policy or d. Extend the insurance beyond the effective date of cancellation All other terms conditions and exclusions remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company s per written contract or written agreement. Authorized Signature Includes copyrighted material of Insurance Services Office Inc. with its Page 1 of 1 permission CSMP 437 0211 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION AND NONRENEWAL A. The Cancellation Common Policy Condition is replaced by the following 1. 6. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.. 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.. 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 effective date of cancellation. The policy period will end on that date.. 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. If notice is mailed proof of mailing will be sufficient proof of notice.. The following Condition is added and supersedes any other provision to the contrary Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured s last mailing address known to us written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing shall be sufficient proof of notice. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission CSMP 446 0313 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDATORY ENDORSEMENT WHO IS AN INSURED BROADENED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERICAL EXCESS LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 1. of SECTION Il WHO IS AN INSURED is replaced by the following 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Your subsidiaries are also insureds provided you declared them to us in your application for this insurance prior to the inception date of this policy. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. The following is added to the DEFINITIONS Section Subsidiary means a corporation in which you own more than 50 of the voting stock. All other terms conditions and exclusions remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Includes copyrighted material of Insurance Services Office Inc. with its Page 1 of 1 permission CAAP 410 0610 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AMENDED BODILY INJURY DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM EXCESS GENERAL LIABILITY COVERAGE FORM EXCESS PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM EXCESS AUTO COVERAGE FORM EXCESS AUTO AND GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM EXCESS LIQUOR LIABILITY COVERAGE FORM EDUCATIONAL INSTITUTION EXCESS LIABILITY COVERAGE FORM EDUCATORS LEGAL LIABILITY COVERAGE PART PUBLIC ENTITY EXCESS LIABILITY COVERAGE FORM PUBLIC OFFICIALS EXCESS LIABILITY COVERAGE PART The definition of bodily injury in the DEFINITIONS section is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. All other terms conditions and exclusions remain unchanged. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Authorized Signature Page 1 of 1 CSMP 452 1113 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 1000 included rograms 1000000 aggregate Retroactive Date 05212013 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 dam ages 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 ap ply. 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 lll 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 Sup plementary 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.. 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 3 CG 04351207 ISO Properties Inc. 2006 Page 1 0of 6 | 2 |
2 When we make settlement in accor dance 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 em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries 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 Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal 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 pro gram.. 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 because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity 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 col lectible 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 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 represen tative is appointed. CG 04351207 ISO Properties Inc. 2006 Page 2 of 6 | 2 |
c. Your legal representative if you die but only with respect to duties as such. That repre sentative 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 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 pol icy 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. 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 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 em ployee including damages sustained by such employee s dependents and benefi ciaries 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 administra tion 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 apply to the payment of benefits in any plan included in the employee benefit program. 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 issu ance 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 Insur ance. 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 applica ble 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 em ployee 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 deducti ble 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 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 CG 04351207 ISO Properties Inc. 2006 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 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 assume any obligation or incur any expense without our consent.. Other Insurance 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 ex cess 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 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 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 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 en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer 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 per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. CG 04351207 ISO Properties Inc. 2006 Page 4 of 6 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 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 dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. 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. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the D ions 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. CG 04351207 ISO Properties Inc. 2006 Page 5 of 6 | 2 |
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 pro vided 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 b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee 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 security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing 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 endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Def tions Section are replaced by the following 5. 18. Employee means a person actively em ployed 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 proceeding in which such damages are claimed and to which the insured submits with our consent. CG 04351207 ISO Properties Inc. 2006 Page 6 of 6 | 2 |
COMMERCIAL GENERAL LIABILITY CG 20340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY COVERAGE PART. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. This endorsement modifies insurance provided under the following A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires.. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement you have entered into with the additional insured or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20340413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21651204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. This exclusion does not apply to a Bodily injury if sustained within a building which is or was at any time owned or occu pied by or rented or loaned to any insured 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 oc cupants or their guests or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any insured or others for the handling stor age disposal processing or treatment of waste or b ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or b regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or b regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CG 21651204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SELF INSURED RETENTION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM You have elected to self insure the first dollar of loss and as indicated in Section Il of this endorsement the Allocated Loss Adjustment Expenses to which this policy applies. As a result of your election this policy is subject to the below additional provisions. In the event that any portion of this endorsement conflicts with any portion of the rest of the policy this endorsement shall take precedence and shall control until the Self Insured Retention is exhausted. If any provisions of this endorsement shall be held to be invalid illegal unenforceable or in conflict with the law of any jurisdiction the validity legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. I LIMITS OF INSURANCE The LIMITS OF INSURANCE as set forth in the Declarations shall apply excess of a Self Insured Retention hereafter referred to as the Retained Limit in the amount of 25000.00 each occurrence or offense and N A in the aggregate And you along with any entityies designated in Section X. of this endorsement agree to assume the Retained Limit. The Retained Limit or any part of it shall not be insured without our prior written approval. Insuring the Retained Limit or any part of it without our prior written approval does not discharge you or any of the designated entities in Section X. of this endorsement of your joint and several responsibility for the Retained Limit. Subject to the terms of this endorsement the Retained Limit shall only be exhausted by your payment of claims or suits arising from occurrences offenses claims or suits for which coverage is afforded by the policy andor by any associated Allocated Loss Adjustment Expenses if i. is the election in Section II. A. of this endorsement. The Retained Limit aggregate if applicable is the maximum Retained Limit regardless of the number of occurrences offenses claims or suits during the policy period.. SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted in its entirety and replaced with the following ALLOCATED LOSS ADJUSTMENT EXPENSES Coverages A and B You are responsible for Allocated Loss Adjustment Expenses according to your election as indicated by an X below. If no election is indicated election i. shall apply CAGL 407 0613 Page 1 of 6 | 2 |
X i. All Allocated Loss Adjustment Expenses up to the Retained Limit. However the most you or any of the designated entities in Section X. of this endorsement are responsible to pay for claims or suits arising from occurrences offenses claims or suits for which coverage is afforded by the policy and for any associated Allocated Loss Adjustments Expenses combined shall not exceed the Retained Limit. ii. All Allocated Loss Adjustment Expenses. The Retained Limit is not reduced by Allocated Loss Adjustment Expenses. Your duty to pay for Allocated Loss Adjustment Expenses applies separately to each occurrence for Bodily Injury or Property Damage or each offense for Personal and Advertising Injury. B. AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B is reinstated to its original form as if it were never deleted or replaced. As used in this endorsement and for purposes of this endorsement only Allocated Loss Adjustment Expenses means all fees for service of process and court costs and court expenses pre and post judgment interest attorneys fees cost of investigative services costs of employing experts costs for legal transcripts copies of any public records costs of depositions and court reported or recorded statements costs and expenses of subrogation and any similar fee cost or expense reasonably chargeable to the investigation negotiation settlement or defense of a covered loss or a claim or suit against you or for the protection of your subrogation rights. Allocated Loss Adjustment Expenses shall not include payment of TPA services required by Section VIII of this endorsement nor your or our general overhead nor the salary and employee benefits of any of your or our employees nor the fees of any attorney who is your or our employee or under your or our permanent retainer nor the fees of any attorney who is your or our counsel while that attorney is acting to provide counsel to you or to us about your or our obligations if any under any policy issued by us or our affiliated companyies with respect to a claim or suit against you. Paragraph 1 a. Insuring Agreement of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY A UNTIL THE RETAINED LIMIT IS EXHAUSTED Paragraph 1 a. Insuring Agreement of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY are deleted and replaced by the following Until such time as the Retained Limit is exhausted the duty to investigate any occurrence offense claim or suit or to defend any suit is yours. You have a duty of good faith regarding the defense andor any settlement within the Retained Limit. We do not have the duty to investigate any occurrence offense claim or suit nor to defend any suit nor to participate in any settlement unless and until the Retained Limit is exhausted with respect to that occurrence offense claim or suit. However we have the right and may at our discretion and expense participate with you in the investigation of any occurrence offense claim or suit and to participate with you in the defense of any suit. We also have the right and at our discretion may take such steps as we deem necessary to prevent mitigate or minimize a loss including but not limited to pursuing your contractual rights and remedies or negotiating a settlement on your behalf which is subject to Section VIII. A. of this endorsement. CAGL 407 0613 Page 2 of 6 | 2 |
AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 1 a. Insuring Agreement of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is reinstated to its original form as if it were never deleted or replaced. Paragraph 1. Bankruptcy of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted Paragraph 1. Bankruptcy of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced with the following Insolvency Your bankruptcy insolvency inability to pay failure to pay or refusal to pay the Retained Limit will not relieve us of our obligations under this endorsement nor will it increase our obligations under this endorsement. Further you acknowledge that prior to your bankruptcy insolvency inability to pay or your failure or refusal to pay you have received a reduction in your premium due to your election of the Retained Limit and that in consideration of this reduced premium that you have consented to the conditions in Section VIII A of this endorsement regarding settlement within the Retained Limit or including any portion of the Retained Limit. You will have a continued obligation under all portions of your Commercial General Liability policy not altered by this endorsement as well as all obligations included in this endorsement. We will also have a continued obligation under all portions of your Commercial General Liability policy not altered by this endorsement as well as all obligations included in this endorsement. Regardless of your bankruptcy insolvency inability to pay failure to pay or refusal to pay you will continue to be responsible for the full amount of the Retained Limit before the Limits of Insurance under the policy apply. Under no circumstances will we be required to pay the Retained Limit or any portion thereof. AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 1. Bankruptcy of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is reinstated to its original form as if it were never deleted or replaced. Paragraphs 2 a. and 2 b. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS A UNTIL THE RETAINED LIMIT IS EXHAUSTED Until such time as the Retained Limit is exhausted Paragraphs 2 a. and 2 b. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are deleted in their entirety and replaced with the following 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 of any claim which regardless of liability has the potential to exceed the Retained Limit You or any other insured must see to it that we receive written notice of the claim or suit as soon as practicable. VI CAGL 407 0613 Page 3 of 6 | 2 |
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