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AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraphs 2 a. and 2 b. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are reinstated to their original form as if they were never deleted or replaced. VII. Paragraph 2 c. 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 Paragraph 2 c. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced with the following You and any other involved insured must 1. Immediately notify us in writing of any loss which involves serious bodily injury including but not limited to death third degree burns spinal cord injury with paralysis amputation brain damage loss of eyesight or hearing permanent disability or any claim for bodily injury or property damage which regardless of liability is likely to exceed 50 of the Retained Limit or for which you have established a reserve including Indemnity and Allocated Loss Adjustment Expense at or more than 50 of the Retained Limit Immediately send us copies of any demands notices summonses or legal papers received in connection to any claim or suit which regardless of liability has the potential to exceed the Retained Limit Immediately provide us with written notice of all scheduled trial dates regardless of whether there is a recognized potential for the suit to exceed the retained limit Authorize us to obtain records and other information that we at our sole discretion require of you defense counsel or others Cooperate with us when we exercise our right in the investigation of an occurrence or offense in the settlement of a claim and in the defense of a suit Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you or any other insured because of injury or damage to which this insurance or the Retained Limit may apply Immediately upon retention of defense counsel to represent the interest of you or any other insured with respect to the Retained Limit you must provide us with the name and contact information of defense counsel. Further upon our request you must provide or authorize defense counsel to provide us with defense counsel s budget of anticipated litigation expenses through trial Immediately notify us in writing of any claim or suit which alleges Punitive Damages and On a quarterly basis provide us with a written summary loss run of all occurrences offenses claims or suits which have or may result in payments within the Retained Limit. This written summary must show a. The date of the occurrences offenses claims or suits and b. The names of the injured persons or identification of the damaged property and c. A description of the injury or damage and d. The amount paid or reserved including Allocated Loss Adjustment Expense resulting from the occurrence offenses claim or suit. CAGL 407 0613 Page 4 of 6 | 2 |
Vil AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 2 c. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is reinstated to its original form as if it were never deleted or replaced. Paragraph 2 d. 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 Paragraph 2 d. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted in its entirety and replaced with the following You acknowledge that you have received a reduction in your premium due to your election of the Retained Limit. In consideration of this reduced premium you consent to the below conditions regarding settlement within the Retained Limit or including any portion of the Retained Limit 1. In no event shall you agree except at your own cost to a settlement in excess of the Retained Limit without our prior written approval. 2. A signed release of your and our liability or our prior written approval must be obtained prior to any payment or sum of payments equal to the Retained Limit. 3. There will be no reduction of the Retained Limit through the payment of claims or suits arising out of occurrences offenses claims or suits for which coverage is not afforded by the policy. 4. We have the right to negotiate the terms of a good faith settlement on your behalf or on behalf of any other insured with a claimant or plaintiff and to recommend that settlement to you. We also have the right to recommend that you accept an offer or demand to settle which is made upon you or any other insured by a claimant or plaintiff. You do not have to accept our recommendation however if you do not accept our recommendation our liability for the claim or suit shall be limited to and shall not exceed the amount of our recommended settiement. This means a. Regardless of your election in Section Il A of this endorsement for any claim or suit where you do not accept our recommended settlement Section Il A. ii. All Allocated Loss Adjustment Expenses will apply from the date of our recommended settlement until final resolution of the claim or suit. b. Our liability for the claim or suit will be limited to and shall not exceed the amount of our recommended settliement minus the remaining portion of your Retained Limit as calculated on the date of our recommended settlement. AFTER THE RETAINED LIMIT IS EXHAUSTED Upon exhaustion of the Retained Limit Paragraph 2 d. Duties In The Event Of Occurrence Offense Claim Or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is reinstated to its original form as if it were never deleted or replaced. The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS It is required that there be a written service agreement paid for by you and without reimbursement from us between you and the Third Party Administrator herein after referred to as TPA named below. The service agreement shall require that all claims or suits shall be administered by the TPA in compliance with this endorsement. TPA VeriClaim Address 7311 W 130th Suite 100 Overland Park KS 66213 CAGL 407 0613 Page 5 of 6 Page 5 of 6 | 2 |
You may not cancel amend or suspend the above service agreement with the above named TPA without first obtaining our written consent. The below entityies are joint and severally responsible along with the first named insureds for the Retained Limit. I WE HAVE READ THIS SELF INSURED RETENTION ENDORSEMENT ACKNOWLEDGE AND CONSENT TO THE EFFECTIVE DATE OF THIS ENDORSEMENT AND FULLY UNDERSTAND ITS TERMS. WE FURTHER UNDERSTAND THAT WE HAVE JOINTLY AND SEVERALLY ASSUMED FINANCIAL RESPONSIBILITY FOR THE RETAINED LIMIT BY SIGNING THIS ENDORSEMENT AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Authorized Representative Signature Designated Entity 1 Title Designated Entity 2 Authorized Representative Signature Title Authorized Representative Signature Designated Entity 3 Title XL All other terms exclusions and conditions of this policy 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 CAGL 407 0613 Page 6 of 6 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION Condition 2. of Section IV is replaced by the following 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. For the purposes of Paragraphs a. and b. above knowledge of an occurrence offense claim or suit by your agent servant or employee shall not in itself constitute knowledge by you. Knowledge of an occurrence offense claim or suit 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 will be considered knowledge by you. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. Page 1 of 2 CSLS 410GL 0511 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
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. 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. Insured Premium Endorsement No. Insurance Company Authorized Signature CSLS 410GL 0511 Includes copyrighted material of Insurance Services Office Inc. with its Page 2 of 2 permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WHO IS AN INSURED AMENDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS GENERAL LIABILITY COVERAGE FORM Paragraph 2. of Section Il Who Is An Insured is replaced by the following 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 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 volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 1 of 2 CSGL 419 0313 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
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. 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 2 of 2 CSGL 419 0313 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON STACKING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM If any occurrence or offense covered under this policy is also covered in whole or part under any other commercial general liability policy issued to you or any of your related or affiliated companies or entities with common ownership by us or any of our related or affiliated companies including but not limited to prior policies issued to you or any of your related or affiliated companies or entities with common ownership by us or any related or affiliated companies the most we will pay under all such policies which cover the occurrence or offense is the amount shown on the declarations page of this policy. This provision does not apply to policies written by us or any of our related or affiliated companies as insurance that applies excess of this policy. 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 Page 1 of 1 CAAP 416 0612 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMPOSITE RATE AND BASIS OF PREMIUM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE PREMIUM BASIS DESCRIPTION OF PREMIUM BASIS RATE ADVANCE PREMIUM 103850000 Per 1000 Sales 1.54 160000.00 Information required to complete this Schedule if not shown above will be shown in the Declarations. The advance premium is determined by the premium basis and rate shown in the Schedule. Earned premium will be determined at the close of each audit period in accordance with the Premium Audit Condition. The definitions of the bases of premium are as follows A. Hard Costs 1. The total cost of all work let or sublet in connection with each specific project including the cost of all labor materials and equipment furnished used or delivered for use in the execution of the work. 2. Hard Costs include a. General Conditions b. Contingency and c. Contractors Overhead and Profit The rates apply per 1000 of Hard Costs. B. Sales 1. The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for All goods or products sold or distributed Operations performed during the policy period Rentals and Dues or fees. coow Sales includes a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and f. Repossession of items sold on installments amount actually collected. Sales does not include a. Sales or excise taxes which are collected and submitted to a governmental division b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods c. Finance charges for items sold on installments d. Freight charges on sales if freight is charged as a separate item on customers invoice e. Royalty income from patent rights or copyrights which are not product sales and Sales includes a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and Repossession of items sold on installments amount actually collected. Sales does not include a. Sales or excise taxes which are collected and submitted to a governmental division b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods c. Finance charges for items sold on installments d. Freight charges on sales if freight is charged as a separate item on customers invoice e. Royalty income from patent rights or copyrights which are not product sales and Costs include General Conditions Contingency and Contractors Overhead and Profit s apply per 1000 of Hard Costs. Page 1 of 0 CAAP 423 0814 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
f. Rental receipts for products liability coverage only. The rates apply per 1000 of Sales. Admissions The total number of persons other than employees of the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per 1000 admissions. Area The total number of square feet of floor space at the insured premises computed as follows 1. For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following a. Courts and mezzanine types of floor openings. b. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 2. For tenants determine the area they occupy in the same manner as for entire buildings. The rates apply per 1000 square feet of area.. Total Cost The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work however do not include the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and 2. Allfees bonuses or commissions made paid or due. The rates apply per 1000 of Total Cost. Units A single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. G. Payroll 1. Payroll means remuneration including money or substitutes for money. 2. Payroll includes the following items a. Commissions b. Bonuses c. Extra pay for overtime work computed in accordance with the manuals in use by us d. Pay for holidays vacations or periods of sickness e. Payment by an employer of amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as the Federal Social Security Act f. Payment to employees on any basis other than time worked such as piecework profit sharing or incentive plans g. Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured h. The rental value of an apartment or a house provided for an employee based on comparable accommodations i. The value of lodging other than an apartment or house received by employees as part of their pay to the extent shown in the insured s records j The value of meals received by employees as part of their pay to the extent shown in the insured s records k. The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay I. The payroll of mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment m. The payroll of executive officers of a corporation and individual insureds and co partners. For the purposes of payroll determination managers of limited liability companies shall be considered executive officers and members of limited liability companies shall be considered co partners The executive officers of a corporation are those persons holding any of the officer positions created by the named insured s charter constitution or by laws or any other similar governing document. per 1000 of Sales. s apply per 1000 admissions. al number of square feet of floor space at the premises computed as follows s and mezzanine types of floor ly per 1000 square feet of area. s apply per 1000 of Total Cost. Page 2 of 0 CAAP 423 0814 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
The payroll of all executive officers of a corporation and individual insureds or co partners engaged principally in clerical operations or as salespersons and officers and co partners who are inactive for the entire policy period shall not be included for premium purposes. The payroll of leased workers furnished to the named insured by a labor leasing firm. Premium on such payroll shall be based on the classifications and rates which would have applied if the leased workers had been the direct employees of the named insured. If payroll is unavailable use 100 of the total cost of the contract for leased workers as the payroll of leased workers. The premium shall be charged on that amount as payroll If investigation of a specific employee leasing contract discloses that a definite amount of the contract price represents payroll such amount shall be considered payroll for premium computation purposes. Fees paid to employment agencies for temporary personnel provided to the insured. Payroll does not include Tips and other gratuities received by employees Payments by an employer to group insurance or group pension plans for employees other than payments covered by Paragraph E.2.e. The value of special rewards for individual invention or discovery Dismissal or severance payments except for time worked or accrued vacation e. The payroll of clerical office employees Clerical office employees are those employees who work in an area which is physically separated by walls floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured s books or records or conducting correspondence including any other employees engaged in clerical work in the same area. f. The payroll of salespersons collectors or messengers who work principally away from the insured s premises. Salespersons collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold. 9. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles h. The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connection with aircraft in either capacity and i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The rates apply per 1000 of payroll. e. The payroll of clerical office employees Clerical office employees are those employees who work in an area which is physically separated by walls floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured s books or records or conducting correspondence including any other employees engaged in clerical work in the same area. f. The payroll of salespersons collectors or messengers who work principally away from the insured s premises. Salespersons collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold. 9. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles h. The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connection with aircraft in either capacity and i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The rates apply per 1000 of payroll. received by 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 3 of 0 CAAP 423 0814 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ASBESTOS EXCLUSION This insurance does not apply to 1. Any injury damage or liability however caused arising out of or in any way related to a. The mining manufacturing handling use sale or distribution of asbestos b. Any actual alleged threatened or suspected contact with exposure to or presence of asbestos or c. Any advice warnings instructions or recommendations given or which should have been given in connection with asbestos. 2. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of asbestos by any insured or by any other person or entity. Asbestos means any type or form of asbestos asbestos fibers asbestos products or asbestos materials including any products goods or material containing asbestos or asbestos fibers products or materials or any gasses vapors scents or by products produced or released by asbestos. This exclusion is intended to be in addition to any Pollution Exclusion in the policy and also applies to liability assumed by any insured under any indemnity obligation. Furthermore regardless of what other allegations or claims may be made there is no obligation under the policy for the Company to provide defense to any insured for any claim or suit alleging damages arising out of or in any way related to asbestos. 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. Insured Premium Endorsement No. Insurance Company Authorized Signature Page 1 of 1 ABGL 600 0212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LEAD EXCLUSION This insurance does not apply to 1. Any injury damage or liability however caused arising out of or in any way related to a. The mining manufacturing handling use sale or distribution of lead b. Any actual alleged threatened or suspected contact with exposure to or presence of lead c. Any paint containing lead or d. Any advice warnings instructions or recommendations given or which should have been given in connection with lead 2. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing disposing of or in any way responding to or assessing the effects of lead by any insured or by any other person or entity. This exclusion also applies to liability assumed by any insured under any indemnity obligation. Furthermore regardless of what other allegations or claims may be made there is no obligation under the policy for the Company to provide defense to any insured for any claim or suit alleging damages arising out of or in any way related to lead. 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 ABGL 605 0212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CROSS CLAIMS OR CROSS SUITS EXCLUSION This insurance does not apply to any claim demand suit legal action or legal proceeding seeking damages or other relief that is brought by or on behalf of any Named Insured under this policy against any other Named Insured under this policy. 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 ABGL 610 0212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY UNINTENTIONAL FAILURE TO DISCLOSE If you fail to disclose to us all of a. Your work b. Your product or c. The premises owned or used by you which exist at the inception date of this policy this will not prejudice your rights with respect to the insurance provided by this policy provided such failure or omission was unintentional. However you must report such omission to us as soon as practicable after its discovery. We reserve the right to recalculate the policy premium based on the corrected exposures and you agree to pay any additional premium that may result. 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 Page 1 of 1 CSMP 417 0708 | 2 |
COMMERCIAL GENERAL LIABILITY CG 24 0405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization As per written contract or written agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations Per Location Aggregate of 2000000 subject to an overall General Aggregate of 5000000. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or suits brought or obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated loca tion shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca tion General Aggregate Limit for that desig nated location. Such payments shall not re duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre gate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Decla rations such limits will be subject to the appli cable Designated Location General Aggre gate Limit. 2000000 subject to an overall General Aggregate of 5000000. CG 25 04 05 09 Insurance Services Office Inc. 2008 Page 1 0of 2 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attrib uted only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Desig nated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is pro vided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Ag gregate Limit and not reduce the General Ag gregate Limit nor the Designated Location Gen eral Aggregate Limit. D. For the purposes of this endorsement the Defi nitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Il Limits Of Insur ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2504 05 09 | 2 |
COMMERCIAL GENERAL LIABILITY CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and CG 20010413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 COMMERCIAL GENERAL LIABILITY CG20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products As per written contract or written agreement. As per written contract or written agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container per written contract or written agreement. per written contract or written agreement. CG20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the wusual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG 20150413 | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 COMMERCIAL GENERAL LIABILITY CG20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations As per written contract or written agreement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. s per written contract or written agreement. CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21060514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER GLH900601 0516 POLICY NUMBER GLH900601 0516 COMMERCIAL GENERAL LIABILITY CG 21351001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification All Locations If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any premises or classification shown 2. The following is added to Section Supple in the Schedule mentary Payments 1. Section Coverage C Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it aid administered to others at the time of an in the Coverage Part apply and accident for bodily injury to which this in surance applies. All Locations 2. The following is added to Section Supple mentary Payments h. Expenses incurred by the insured for first aid administered to others at the time of an accident for bodily injury to which this in surance applies. CG 21351001 ISO Properties Inc. 2000 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Page 1 of 1 o CG 21671204 ISO Properties Inc. 2003 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21730115 Insurance Services Office Inc. 2014 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. C. The following definitions are added to the Defl ions Section. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. Page 1 of 1 o CG 21 96 03 05 ISO Properties Inc. 2004 | 2 |
CATLIN To XL Catlin Brokers Re XL Catlin US Claims Service The XL Catlin US Claims Department is committed to providing an industry leading standard of service for our Insureds and Brokers. While claims handling is the key component to achieving that service level we also recognize the need for communication with our Broker partners. The Claims Department will be available for consultation claims reviews and other services that may be beneficial to assuring development and retention of profitable business. Attached are reporting instructions and a form that can be used for reporting claims on XL Catlin US policies. Loss notices can be faxed to 404 443 4912 or reported by calling 404 443 4910. Should you have any questions or concerns regarding the claims operation feel free to contact me at the numbers listed below. Ilook forward to working with you and your teams in the future. Tom Deitz CPCU Claims Director US Catlin Inc. 3340 Peachtree Road N.E. Suite 2950 Atlanta GA 30326 Ofc 404 443 4933 | 2 |
CATLIN XL Catlin US Claim Reporting Instructions Two Ways to report a claim 1. Telephone number for reporting a claim 404 443 4910. 2. Fax number for reporting a claim 404 443 4912 Simply fill out the Claims Reporting Form which you will find attached and fax this form to Catlin US Claims at 404 443 4912. Note When calling in a catastrophic injury includes fatality brain injury loss of consciousness amputation of a major body part or loss of vision advise the person that this is a catastrophic loss. Once a loss is reported by you the Claim is assigned to our Atlanta GA Claim Office for prompt handling. | 2 |
CATLIN Claims Reporting Form Liability Fax report to 404 443 4912 General Information Name of person reporting Telephone number For reporting only O Yes O No Name of Broker Broker telephone number Broker fax number Insured s Information Name and address of the Insured including postal code Business telephone inclext. Ext. Cell number Contact name Contact e mail address Contact language spoken Policy Information Policy number Policy period dd mm yyyy From To Centificate number if applicable Other Insurance Coverage Type of policy form limits deductible Accident Information Address where loss occurred Date of loss dd mm yyyy Time of loss Tate Country Kind of loss Please give description of loss Were the authorities contacted police fire ambulance Report number given If yes list number O Yes O No O Yes O No IF Police Fire Depart ment contacted name of officer Division Badge number Injury Information Name and address of injured party Date of birth dd mm yyyy Home telephone Work telephone Contact at home work Were any injuries incurred O Yes O No What part of the body Treatment given Please check O No medical treatment Minor on site remedies Minor clinic or hospital Emergency evaluation J Hospitalization for more than 24 hours Injury Description Name and address of treating physician Telephone number Name and address of treating hospital clinic Telephone number Male Female Marital status Check one O Single O Married Widowed Separated O Divorced Number of dependents Witness Information Name and address of a witness to the incident Telephone number where witness can be reached Anything related to the incident you would like t0 add | 2 |
QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured and Mailing Address Policy Period Description of Business and Location Coverages and Limits of Insurance Beginning on Page SECTION COVERAGES Coverage A Insuring Agreement Bodily Injury and Property Exclusions...... Damage Liability Coverage B Insuring Agreement Personal and Advertising Exclusions....... 6 Injury Liability Coverage C Insuring Agreement.7 Medical Payments Exclusions 8 Supplementary Payments Coverages A And B... 8 SECTION Il WHO IS AN INSURED... 9 SECTION Iil LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. Bankruptcy Duties in The Event Of Occurrence Offense Claim or Suit Legal Action Against Us. Other Insurance Premium Audit. Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS COMMON POLICY CONDITIONS Cancellation Changes Examination of Your Books and Records Inspections and Surveys Premiums Transfer of Your Rights and Duties under this Policy ENDORSEMENTS These form numbers are shown on the Coverage Part Declarations Page or on the Common Policy Declarations Page. Form HC 70 01 06 05 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY d QUICK REFERENCE EMPLOYEE BENEFITS LIABILITY COVERAGE PART CLAIMS MADE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured and Mailing Address Policy Period Description of Business and Location Coverages and Limits of Insurance SECTION COVERAGES Coverage EB SECTION COVERAGES Beginning on Page Coverage EB Insuring Agreement 1 Exclusions.......... 1 Supplementary Payments 2 SECTION Il WHO IS AN INSURED 2 SECTION il LIMITS OF INSURANCE 2 SECTION IV EMPLOYEE BENEFITS LIABILITY CONDITIONS 3 Bankruptcy.. 3 Duties in the Evem of Emplcyee Benems Injury Claim or Suit 3 Legal Action Against Us. 3 Other Insurance 3 Premium Audit 4 Representations 4 Separation of Insureds 4 Transfer of Rights of Recovery Against Others To Us 4 SECTION V EXTENDED REPORTING PERIOD 4 SECTION VI DEFINITIONS............. 5 COMMON POLICY CONDITIONS Cancellation Changes Examination of Your Books and Records Inspections and Surveys Premiums Transfer of Your Rights and Duties under this Policy ENDORSEMENTS These form numbers are shown on the Coverage Part Declarations Page or on the Common Policy Declarations Page. Form HC 70 110286 Printed in U.S.A. NS Copyright Hartford Fire Insurance Company 1986 | 2 |
IMPORTANT NOTICE TO POLICYHOLDER DISCLOSURE FORM CLAIMS MADE POLICY EMPLOYEE BENEFITS LIABILITY THIS DISCLOSURE FORM IS NOT YOUR POLICY. IT MERELY DESCRIBES SOME OF THE MAJOR FEATURES OF OUR CLAIMS MADE POLICY. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS DUTIES AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION. Your policy is a claims made policy. It applies only to claims made against you after the inception date and before the end of the policy period involving injury or damage that occurs after the policy Retroactive Date. Upon termination of your policy an Extended Reporting Period may be available. OCCURRENCE VS. CLAIMS MADE There is no difference in the kinds of injury and damage covered by either an occurrence policy or a claims made policy. Claims for damages may be assigned to different policy periods however depending on which policy you have purchased. In an occurrence policy coverage is provided for liability that occurs during the policy period no matter when the claim is made. In your claims made policy coverage is provided for liability if the claim for damages is first made during the policy period. The claim must be a demand for damages by an injured party but it does not have to be in writing. Under most circumstances a claim is considered made when it is received and recorded by you or by us but sometimes a claim may be deemed made at an earlier time. This can happen when another claim for the same injury has already been made or when the claim is received and recorded during an extended reporting period. PRINCIPAL BENEFITS This policy provides coverage for up to the maximum dollar limit specified in the policy. The principal benefits and coverages are explained in detail in your claims made policy. Please read it carefully and consult your agent about any questions you might have. EXCEPTIONS REDUCTIONS AND LIMITATIONS Your claims made policy contains certain exceptions reductions and limitations. Please read them carefully and consult your agent about any questions you might have. RENEWALS TAILS AND EXTENDED REPORTING PERIODS Your claims made policy has some unique features relating to renewal extended reporting periods and coverage of occurrences with long periods of exposure. These special claims made provisions are described below Form G2974 3 901 Edition Page 1 of 2 2001 The Hartford | 2 |
Special Claims Made provisions Two concepts relating to continuity of coverage under the claims made policy are especially important to understand. These involve the Retroactive Date and the Extended Reporting Period. 1. RETROACTIVE DATE When you have a Retroactive Date entered on the Declarations page there is no coverage for injury or damage that occurred before the Retroactive Date even if the claim is first made during the policy period. If there is no Retroactive Date entered on the Declarations page the Retroactive Date is the Inception Date of the Policy Period stated in item 2 of the Common Policy Declarations. If previous occurrence type policy also applies to the same injury or damage your claims made policy will be excess that is it will apply only after the previous Limit of Liability is exhausted. A Retroactive Date normally can not be moved ahead in time except under certain circumstances e.g. you changed insurers there is a substantial change in your operations that increases your exposure to loss you failed to provide us with information you knew about the nature of your business or premise and then only with your written consent. It is important to understand how the claims made coverage Extended Reporting Period guarantee continuity or coverage if you are offered a renewal or replacement policy with a later Retroactive Date than the one in your current policy. 2. EXTENDED REPORTING PERIODS OR TAILS WARNING If a claim is made after the termination of your claims made policy you may not have coverage for that claim unless you purchase an Extended Reporting Period or tail endorsement which must be offered to you with at least the aggregate limits of your terminated policy for at least one year at a premium not to exceed 200 of your terminated policy premium. Carefully review the policy provisions regarding the available Extended Reporting Period especially the length of coverage and price and the time during which you must purchase or accept any offered extended reporting period. AVAILABILITY OF LOSS INFORMATION Upon your written request and within 30 days thereafter we will furnish you a. Information on closed claims as respects the date of claim and the amounts paid if any and b. Information on open claims as respects the date of claim and the amount of reserve if any. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. THE FOLLOWING APPLIES ONLY IF YOUR EBL COVERAGE HAS BEEN RENEWED WITH THE HC 00 21 11 93 EDITION OF THE EBL COVERAGE FORM 1. We removed the any liability wording from exclusion a. and substituted civil or criminal liability. This change clarifies our coverage grant. We intend to pay for liability due to your errors in handling records with respect to your employee benefits programs and in the giving of counsel with respect to interpreting the scope of such programs and eligibility to participate in any such program refer to exclusion e. We modified exclusion f. for purposes of clarity. We removed paragraph c. from definition 1. since paragraph c. has been confused with exclusion e. We broadened coverage by adding mental anguish to definition 3. We added new definitions for a. employee b. executive officer c. leased worker and d. temporary worker. Ll ol Form G2974 3 901 Edition Page 2 of 2 | 2 |
This SPECIAL MULTI FLEX POLICY is provided by the stock insurance companys of The Hartford Insurance Group shown below. COMMON POLICY DECLARATIONS POLICY NUMBER 37 UEA AR2667 TaE RENEWAL OF NEW H ARTFORD Named Insured and Mailing Address PRO ELECTRIC LC No. Street Town State Zip Code 5320 SPERKER RD KANSAS CITY KS 66106 Policy Period Policy Period From 07012021 To 07012022 1201 a.m. Standard Time at your mailing address shown above. In return for the payment of the premium and subject to all of the terms of this policy we agree with you to provide insurance as stated in this policy. The Coverage Parts that are of this policy are listed below. The Advance Premium shown may be subject to adjustment. Total Advance Premium 540145 Coverage Part and Insurance Company Summary Advance Premium COMMERCIAL GENERAL LIABILITY HARTFORD CASUALTY INSURANCE COMPANY HARTFORD CT 06155 HARTFORD CASUALTY INSURANCE COMPANY HARTFORD CT 06155 INCLUDED EMPLOYEE BENEFITS LIAILITY INCLUDED Form Numbers of Coverage Parts Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. HS00020605 HC00200295 Agent Broker Name LOCKTON COMPANIES LLC 444 WEST 47TH STREET SUITE 900 KANSAS CITY MO 64112 272106 Countersigned by SwornF Lastineata 07012021 Where required by law Authorized Representative Date nan nan nan nan 272106.0 07122021 Form HM 00 10 01 07 | 2 |
COMMERCIAL GENERAL LIABILITY I COVERAGE PART DECLARATIONS DECLARATIONS POLICY NO. 37 UEa AA2667 Previous Policy No. NEW This COMMERCIAL GENERAL LIABILITY COVERAGE PART consists of A. This Declarations B. Commercial Liability Schedule if applicable C. Commercial General Liability Coverage Form and D. Any Endorsements issued to be part of this Coverage Part and listed below. 1. Audit Period is the Policy Period unless otherwise herein stated Semi Annual Quarterly Monthly x Annual Not subject to Audit 2. Advance Premium 540145 which is AFlat Charge Per Each Policy Period Adjustable at the end of each Audit Period Per Premium Computation Endorsement Minimum Retained Audit Premium Minimum Retained Premium N A not subject to adjustment in the event of cancellation by you. Applicable State Surcharges REFER TO SCHEDULE HC1210 Note charges if any are included in item 2. above 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy that apply are Each Occurrence 81000000 Personal and Advertising Injury Limit 1000000 Damage to Premises Rented To You Limit Any One Premises 300000 Medical Payments Coverage Limit Any One Person 10000 General Aggregate Limit Other than Products Completed Operations 52000000 Products Completed Operations Aggregate Limit 2 000 000 4. Classifications if any REFER TO EXTENSION SCHEDULE. 5. Business Description ELECTRICAL WORK WITHIN BUILDINGS 6. Form Numbers of Coverage Forms and Endorsements forming a part of this policy SEE LISTING OF POLICY PROVISIONS AND ENDORSEMENTS FORMING A PART OF THE POLICY AT ISSUE. POLICY NO. 37 UEA AR2667 07122021 Form HS 00 02 06 05 c 2005 The Hartford | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE PART DECLARATIONS CLAIMS MADE POLICY NUMBER 37 UEA AR2667 This EMPLOYEE BENEFITS LIABILITY COVERAGE PART CLAIMS MADE consists of A. This Declarations B. Commercial General Liability Schedule C. Employee Benefits Liability Coverage Form and D. Any Endorsements issued to be a part of this Coverage Part and listed below. Retroactive Date 07011999 If no date is entered the Retroactive Date is the Inception Date of the Policy Period stated in the Common Policy Declarations. LIMITS OF INSURANCE The Limits of Insurance subject to all the terms of this Policy that apply are Each claim Aggregate 1000000 2000000 ADVANCE PREMIUM 1NCLUDED AUDIT PERIOD ANNUAL Except in this Declarations when we use the word Declarations in this Coverage Part we mean this Declarations or the Common Policy Declarations. Form Numbers of Coverage Forms Endorsements and Schedules that are part of this Coverage Part SEE LISTING OF COVERAGE PARTS AND ENDORSEMENTS 07122021 Form HC 00 20 02 95 | 2 |
OLICY NUMBER 37 UEA AA2667 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEA AA2667 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE HG0001 06 05 COMMERCIAL GENERAL LIABILITY COVERAGE FORM HC2031 12 10 ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSURED 11 85 INSTALLMENT PAYMENT PLAN HM9901 HS9906 06 05 PREMIUM COMPUTATION ENDORSEMENT HC1210 11 85 COMMERCIAL GENERAL LIABILITY SCHEDULE GN984718 01 15 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM HC2370 HC0021 07 99 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM HC2137 03 93 ABSOLUTE LEAD EXCLUSION 10 CG0437 12 04 ELECTRONIC DATA LIABILITY 11 HS2450 12 20 CONTRACTORS BROAD FORM ENDORSEMENT 12 HC2314 06 17 EXCLUSION UNMANNED AIRCRAFT Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 UEA AA2667 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEA AA2667 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 13 CG2134 01 87 EXCLUSION DESIGNATED WORK 14 HC0088 12 10 CYBERFLEX AMENDMENT OF COVERAGE B PERSON AND ADVERTISING INJURY 04 00 ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR HOSTILE FIRE 12 14 PUNITIVE DAMAGES EXCLUSION 15 HC2126 16 HC2498 17 HS3009 03 18 RESIDENTIAL CONSTRUCTION ANTI STACKING ENDORSEMENT 18 HG2103 03 15 EXCLUSION SILICA KANSAS 19 HS3006 03 17 BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT OPTION V 12 10 AMENDMENT OF EXCLUSIONS AND DEFINITION PERSONAL AND ADVERTISING INJURY 12 03 EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM 20 HC0097 21 HC2193 22 CG0109 11 85 KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS 23 HC2123 10 01 ABSOLUTE POLLUTION EXCLUSION 24 HS2537 06 05 AMENDMENT POLICY PERIOD Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 UEA AA2667 EE LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEA AA2667 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 25 IL0261 09 07 KANSAS CHANGES CANCELLATION AND NONRENEWAL 26 HC2190 06 08 EXCLUSION FUNGI BACTERIA AND VIRUSES 27 IL0021 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 28 IH9940 04 09 U.S. DEPT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS 04 09 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT 29 IH9941 30 HG0068 12 10 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION 10 01 ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT 11 98 COMMON POLICY CONDITIONS 31 HC2183 32 IL0017 33 G3418 0 PRODUCER COMPENSATION NOTICE Form HS 99 22 06 08 c 2008 The Hartford | 2 |
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 stock insurance company member of The Hartford 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 Wl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage 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. d. 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. e. Incidental Medical Malpractice 1 Bodily injury arising out of the rendering of or failure to render professional health care services as a physician dentist nurse emergency medical technician or paramedic shall be deemed to be caused by an occurrence but only if a The physician dentist nurse emergency medical technician or paramedic s employed by you to provide such services and b You are not engaged in the business or occupation of providing such services. 3 HG 00 01 06 05 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 18 | 0 |
2 For the purpose of determining the limits of insurance for incidental medical malpractice any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one occurrence. 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 or property damage 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 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. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. 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. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 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 Page 2 of 18 HG 00 01 06 05 | 1 |
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 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 iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 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 51 feet long and b Not being used to carry persons for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured HG 00 01 06 05 Page 3 of 18 | 1 |
4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment or An aircraft that is not owned by any insured and is hired chartered or loaned with a paid crew. However this exception does not apply if the insured has any other insurance for such bodily injury or property damage whether the other insurance is primary excess contingent or on any other basis. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. s G. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 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 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 and 4 of this exclusion do not apply to property damage arising from the use of elevators. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to property damage to borrowed equipment while not being used to perform operations at the job site. 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. Page 4 of 18 HG 00 01 06 05 | 1 |
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. 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. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. q. Employment Related Practices Bodily injury to 1 A person arising out of any employment related practices or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any employment related practices are directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos 1 Bodily injury or property damage arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Damage To Premises Rented To You Exception For Damage By Fire Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. b c COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless 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. HG 00 01 06 05 Page 5 of 18 | 1 |
2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury arising out of an offense committed by at the direction or with the consent or acquiescence of the insured with the expectation of inflicting personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral written or electronic publication 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 written or electronic publication 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 Liabilif 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. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services.. Infringement Of Intellectual Property Rights Personal and advertising injury arising out of any violation of any intellectual property rights such as copyright patent trademark trade name trade secret service mark or other designation of origin or authenticity. However this exclusion does not apply to infringement in your advertisement of 1 Copyright 2 Slogan unless the slogan is also a trademark trade name service mark or other designation of origin or authenticity or 3 Title of any literary or artistic work. j. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 17.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion placing an advertisement for or linking to others on your web site by itself is not considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatags 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 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. 2 Page 6 of 18 HG 00 01 06 05 | 1 |
o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Personal and advertising injury arising out of 1 An advertisement for others on your web site 2 Placing a link to a web site of others on your web site 3 Content including information sounds text graphics or images from a web site of others displayed within a frame or border on your web site or 4 Computer code software or programming used to enable a Your web site or b The presentation or functionality of an advertisement or other content on your web site. q. Right Of Privacy Created By Statute Personal and advertising injury arising out of the violation of a person s right of privacy created by any state or federal act. However this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act.. Violation Of Anti Trust law Personal and advertising injury arising out of a violation of any anti trust law. s. Securities Personal and advertising injury arising out of the fluctuation in price or value of any stocks bonds or other securities. Discrimination Or Humiliation Personal and advertising injury arising out of discrimination or humiliation committed by or at the direction of any executive officer director stockholder partner or member of the insured. u. Employment Related Practices Personal and advertising injury to 1 A person arising out of any employment related practices or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any employment related practices are directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos 1 Personal and advertising injury arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. b c 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 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within three years of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. 3 HG 00 01 06 05 Page 7 of 18 | 1 |
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 1000 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 appeal bonds or 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.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee Page 8 of 18 HG 00 01 06 05 | 1 |
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 a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. 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. 2. Each of the following is also an insured a. Employees and Volunteer workers Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or that 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 Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services Paragraph d does not apply to any nurse emergency medical technician or paramedic employed by you to provide such 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. Real Estate Manager Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property 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. Legal Representative If You Die Your legal representative if you die but only with respect to duties as such. That representative will c HG 00 01 06 05 Page 9 of 18 | 1 |
have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof of yours which is a legally incorporated entity of which you own a financial interest of more than 50 of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock 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 180th 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. 4. Mobile Equipment With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the watercraft and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person operating the watercraft or Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By Written Contract Written Agreement Or Permit The following persons or organizations are an additional insured when you have agreed in a written contract written agreement or because of a permit issued by a state or political subdivision that such person or organization be added as an additional insured on your policy provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any persons or organizations referred to below as vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business and only if this Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. 1 The insurance afforded the vendor is subject to the following additional exclusions This insurance does not apply to a Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. 1l psidiary thereof of yours orated entity of which you of more than 50 of the tive date of the Coverage herein for any subsidiary erage Part as a named to injury or damage with ured under this Coverage under another policy or der such policy but for its austion of its limits of Organization acquire or form other than Page 10 of 18 HG 00 01 06 05 | 1 |
b Any express warranty unauthorized by you c Any physical or chemical change in the product made intentionally by the vendor d Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to i The exceptions contained in Sub paragraphs d or f or ii Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. h 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. b. Lessors of Equipment 1 Any person or organization from whom you 2 lease equipment but only with respect to their liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such person or organization. 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. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises but only with respect to liability arising out of the ownership maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply This insurance does not apply to 1. Any occurrence which takes place after you cease to lease that land or 2. Structural alterations new construction or demolition operations performed by or on behalf of such person or organization. d. Architects Engineers or Surveyors Any architect engineer or surveyor but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In connection with your premises or 2 In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2. Supervisory inspection architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds this insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. HG 00 01 06 05 Page 11 of 18 | 1 |
f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In the performance of your ongoing operations 2 In connection with your premises owned by or rented to you or In connection with your work and included within the products completed operations hazard but only if a The written contract or agreement requires you to provide such coverage to such additional insured and b This Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. With respect to the insurance afforded to these additional insureds this insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section lll Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV Commercial General Liability Conditions. 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 Ill LIMITS OF INSURANCE 1. The Most We will Pay 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.. General Aggregate Limit 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.. Products Completed Operations Aggregate Limit 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.. Personal and Advertising Injury Limit Subject to 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.. Each Occurrence Limit Subject to 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.. Damage To Premises Rented To You Limit Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire lightning or explosion while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire lightning or explosion the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event whether such damage results from fire lightning or explosion or any combination of these.. Medical Expense Limit Subject to 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.. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 | 1 |
added as an additional insured on your policy the most we will pay on behalf of such additional insured is the lesser of a. The limits of insurance specified in the written contract or written agreement or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. 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. Notice Of Occurrence Or Offense You or any additional insured 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. Notice Of Claim If a claim is made or suit is brought against any insured you or any additional insured must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or suit as soon as practicable. c. Assistance And Cooperation Of The Insured 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 HG 00 01 06 05 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost 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. e. Additional Insureds Other Insurance If we cover a claim or suit under this Coverage Part that may also be covered by other insurance available to an additional insured such additional insured must submit such claim or suit to the other insurer for defense and indemnity. However this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non contributory with the additional insured s own insurance. f. Knowledge Of An Occurrence Offense Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such occurrence offense claim or suit is known to 1 You or any additional insured that is an individual 2 Any partner if you or an additional insured is a partnership 3 Any manager if you or an additional insured is a limited liability company 4 Any executive officer or insurance manager if you or an additional insured is a corporation 5 Any trustee if you or an additional insured is a trust or 6 Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured.. 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 Page 13 of 18 HG 00 01 06 05 | 1 |
7 When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. a Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in c. below. Primary And Non Contributory To Other Insurance When Required By Contract If you have agreed in a written contract written agreement or permit that this insurance is primary and non contributory with the additional insured s own insurance this insurance is primary and we will not seek contribution from that other insurance. b Paragraphs a and b do not apply to other insurance to which the additional insured has been added as an additional insured. 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. 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 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis 1 Your Work That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work Premises Rented To You That is fire lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner Tenant Liability 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 4 Aircraft Auto Or Watercraft 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 5 Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of property damage to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability 6 When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations or products and completed operations for which you have been added as an additional insured by that insurance or 2 Page 14 of 18 HG 00 01 06 05 | 1 |
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 a. When You Accept This Policy By accepting this policy you agree 1 The statements in the Declarations are accurate and complete 2 Those statements are based upon representations you made to us and 3 We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part we shall not deny coverage under this Coverage Part because of such failure. 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 a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment including Supplementary Payments 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 HG 00 01 06 05 insured will bring suit or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery Waiver Of Subrogation If the insured has waived any rights of recovery against any person or organization for all or part of any payment including Supplementary Payments we have made under this Coverage Part we also waive that right provided the insured waived their rights of recovery against such person or organization in a contract agreement or permit that was executed prior to the injury or damage. 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 the widespread public dissemination of information or images that has the purpose of inducing the sale of goods products or services through a. 1 Radio 2 Television 3 Billboard 4 Magazint 5 Newspaper or b. Any other publication that is given widespread public distribution. However advertisement does not include a. The design printed material information or images contained in on or upon the packaging or labeling of any goods or products or b. An interactive conversation between or among persons through a computer network. 2. Advertising idea means any idea for an advertisement. 3. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. 5. Bodily injury means physical a. Injury b. Sickness or c. Disease sustained by a person and if arising out of the above mental anguish or death at any time. Page 15 of 18 ions are accurate based upon s and eliance upon your e Hazards to disclose all of your business of this Coverage rage under this ilure. o Inst viners 10 HG 00 01 06 05 | 1 |
6. 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 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 a. above The activities of a person whose home is in the territory described in 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 the United States of America including its territories and possessions Puerto Rico or Canada in a suit on the merits according to the substantive law in such territory or in a settlement we agree to. 7. Employee includes a leased worker. Employee does not include a temporary worker. 8. Employment Related Practices means a. Refusal to employ a person b. Termination of a person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at a person. 9. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 10.Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be..Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 12.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 lightning or explosion to premises while 2 3 1 Page 16 of 18 rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section lll Limits of Insurance b. A sidetrack agreement c. Any easement or license agreement including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement 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. However Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1 above and supervisory inspection architectural or engineering activities. 13.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. 14.Loading or unloading means the handling of property a. After itis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto HG 00 01 06 05 Page 16 of 18 | 1 |
15. c.. While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. f. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads. Vehicles whether self propelled or not maintained primarily mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers to provide mobility to permanently. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment of at least 1000 pounds gross vehicle weight 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. 16.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 17.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral written or electronic publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral written or electronic publication of material that violates a person s right of privacy. Copying in your advertisement a person s or organization s idea or advertisement advertising style of. Infringement of copyright slogan or title of any literary or artistic work in your advertisement or. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18.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. 19.Products completed operations hazard Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work wil 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 c nclude the mechanical attached to wing types achinery or and other off public or next to maintained ermanently diggers or equipment above that PR. HG 00 01 06 05 Page 17 of 18 | 1 |
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. 20.Property damage means 2 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. As used in this definition computerized or electronically stored data programs or software are not tangible property. Electronic data means information facts or programs a. Stored as or on b. Created or used on or c. Transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment..Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22.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. 23.Volunteer worker means a person who a. Is not your employee b. Donates his or her work c. Acts at the direction of and within the scope of duties determined by you and d. Is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 24.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. 25.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 18 of 18 HG 00 01 06 05 | 1 |
POLICY NUMBER 37 UEA AR2667 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following persons or organizationss are added as Named Insureds under this policy PRO ELECTRIC LC T.0.A.N INC. GJO HOLDING INC ESOP GJO HOLDINGS INC PRO POWER ELECTRIC LLC PRO ELECTRIC LC DBA PRO ELECTRIC INTEGRATED SERVICES DOUBLE EL ELECTRIC GJO INC ELECTRICAL CONTRACTORS ADMINISTRATIVE SERVICE INC PRO ELECTRIC SERVICES LLC Form HC 20 31 1210 Page 1 of 1 2010 The Hartford | 2 |
POLICY NUMBER 37 UEA AA2667 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PAYMENTPLAN We and you agree that you will pay the premium in installments as shown below Date Premium Date Premium 07012021 54010 01012022 54015 08012021 54015 02012022 54015 09012021 54015 03012022 54015 10012021 54015 04012022 54015 11012021 4015 12012021 4015 Form HM 99 01 11 85 T Printed in U.S.A. | 2 |
POLICY NUMBER 37 UEA AR2667 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1 The Advance Premium set forth in Item 2. of the Declarations is adjustable and is only an estimated premium for the Audit Period set forth in Item 1. of the Declarations. The final earned premium for the Audit Period shall be determined as specified in paragraph b. of the Premium Audit Condition Section IV. The Audit Premium referred to in such paragraph b. shall be computed by applying the Rate of 4.5856 per 1000 of the Premium Base identified in 2 below. Such Rate is net of any taxes licenses or fees. 2 The Premium Base shall be identified in A and B below A PREMIUM BASE Gross Sales excluding aircraft products intercompany sales and foreign sales. x Payroll as determined immediately below Gross Unmodified Payroll Workers Compensation Payroll 1 Workers Compensation Payroll excluding 1 Clerical Office Employees 2 Salesmen Collectors Messengers 3 Drivers and their helpers if principal duties are to work on or in connection with autos. Other Describe tyr aovE RATE OF 4.5856 APPLIES PER 1000 OF WORKERS COMPENSATION PAYROLL LESS CLERICAL SALES AND DRIVERS A SEPARATE RATE OF 0.70 APPLIES PER 1000 OF SUBCONTRACTED COST POLICY NUMBER 37 UEA AR2667 B SPECIFIC DELETIONS FROM PREMIUM BASE IF ANY Designated Products described in the following endorsements Designated Operations described in the following endorsements T Other described in the following endorsements Form HS 99 06 06 05 Page 1 of 2 c 2005 The Hartford | 2 |
3 As used in this endorsement the following additional definitions apply Aircraft includes but is not limited to heavier than air flying vehicles helicopters gliders missiles or spacecraft. Aircraft products means aircraft and any other goods or products manufactured sold handled or distributed or services provided or recommended by the insured or by others trading under his or her name for use in the manufacture repair operation maintenance or use of any aircraft. Aircraft products includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of aircraft products and b. The providing of or failure to provide warnings or instructions. Clerical Office Employees means those employees who work in an area which is physically separated by walls floors or partitions from all your other work areas and whose duties are strictly limited to keeping your books or records or conducting correspondence including any other employees engaged in clerical work in the same area. Foreign Sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales which directly emanate from the sale of your product sold for use or consumption outside the United States of America its territories or possessions or Canada. Intercompany sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales between you and any other organization covered under this policy over which you maintain ownership or majority interest in. Payroll means remuneration. Remuneration means money or substitute for money. Sales means the gross amount charged by the Named Insured concessionaires of the Named Insured or by others trading under the insured s name for a All goods or products sold or distributed b Operations performed or c Rentals during the Audit Period set forth in Item 3. of the Declarations The following items shall be deducted from sales a Sales or excise taxes which are collected and submitted to a governmental division b Credits for repossessed merchandise and products returned and allowance for damaged and spoiled goods c Finance charges for items sold on installments d Freight charges on sales if freight is charged as a separate item on customer s invoice and e Royalty income from patent rights or copyrights which are not product sales. Salesmen collectors and messengers means those employees engaged principally in any such duties away from the Named Insured s premises. Workers Compensation Payroll means payroll developed in accordance with the applicable Workers Compensation manual. Page 2 of 2 Form HS 99 06 06 05 | 2 |
Tue y HARTFORD COMMERCIAL GENERAL LIABILITY SCHEDULE Tue g HARTFORD Policy Number 37 UEA AR2667 This Schedule Forms a part of the coMMERCTIAL GENERAL LIABILITY Coverage Part. Entries herein except as specifically provided elsewhere in this policy do not modify any of the other provisions of this policy. Rating Classifications Code No. Premium Basis Rate Premium PREMISES OPERATIONS 98550 8500000 4.5856 38978 PER 1000 OF WC PAYROLL PREMISES OPERATIONS 98550 1000000 0.70 700 PER 1000 OF SUBCONTRACTED COST PRODUCTS COMPLETED OPS INCLUDED EMPLOYEE BENEFITS LIABILITY INCLUDED ELECTRONIC DATA LIABILITY INCLUDED TERRORISM CHARGE 1.0000 467 COMPOSITE RATED PER 1000 OF WC PAYROLL COMPOSITE RATED PER 1000 OF SUBCONTRACTED COST MINIMUM PREMIUM OF.00 WILL APPLY ADVANCE PREMIUM 40145 Form HC 12 10 11 85 Printed in U.S.A. c22o0U 8550 8000000 1000000 1.0000 700 nan nan nan nan 0.7 INCLUDED INCLUDED INCLUDED 467 COMPOSITE RATED PER 1000 OF WC PAYROLL MINIMUM PREMIUM OF.00 WILL APPLY Form HC 1210 11 85 Printed in U.S.A. | 2 |
Policy Number 37 UEA AA2667 Effective Date 47012021 Named Insured and Address pro ELECTRIC LC 5320 SPEAKER RD KANSAS CITY KS 66106 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT We have previously notified you that in accordance with the federal Terrorism Risk Insurance Act as amended TRIA we must make terrorism coverage available in the policies we offer. A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. At that time we advised you that the premium for such terrorism coverage would be 467 Form GN 98 47 18 ED. 0115 Page 1 of 2 2015 The Hartford | 2 |
Please be advised that this premium charge may be adjusted at audit if applicable. As a result of our notification you have made the following election Accepted Terrorism Coverage X Rejected Terrorism Coverage TERRORISM EXCLUSION ON YOUR BINDER AND OR POLICY AND ITS RENEWALS If the Rejected Terrorism Coverage box above is checked you have previously rejected such coverage by signing a written rejection statement and returning such document to us. By doing so you authorized the attachment of terrorism exclusions to your binder andor policy and to all subsequent renewals. Unless you contact your agent broker or representative and accept coverage prior to the inception of your renewal policy the terrorism exclusions will apply to all subsequent renewals. Page 2 of 2 Form GN 98 47 18 ED. 0115 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM DATA BREACH COVERAGE FORM EDUCATORS PROFESSIONAL CHOICE POLICY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART LIBRARY ERRORS AND OMISSIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTER S ERRORS AND OMISSIONS LIABILITY COVERAGE FORM PRODUCT RECALL EXPENSE COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION A. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable to certified acts of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA exceed 100 bilion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. Form HC 23 70 01 15 B. Cap On Insurer Liability For Terrorism Losses A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed Page 1 of 2 2015 The Hartford Includes copyrighted material of the Insurance Services Office Inc. with its permission. | 2 |
100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. C. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of Terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the Nuclear Hazard Exclusion Pollution Exclusion or War Exclusion. Page 2 of 2 Form HC 2370 01 15 | 2 |
d EMPLOYEE BENEFITS LIABILITY COVERAGE FORM COVERAGE EB PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI DEFINITIONS. SECTION COVERAGE EB 1. INSURING AGREEMENT. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of employee benefits injury to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGE EB. This insurance does not apply to employee benefits injury which occurred before the Retroactive Date if any shown in the Declarations or which occurs after the policy period. The negligent act error or omission must take place in the coverage territory. We will have the right and duty to defend any claim or suit seeking such damages. But 1 The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE 2 We may at our discretion investigate any alleged act error or omission and settle any claim or suit that may result and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage EB. This applies both to claims and suits pending at that time and to those filed thereafter. b. This insurance applies to an employee benefits injury only if 1 A claim for damages because of the employee benefits injury is first made against any insured during the policy period and At the time you applied for this insurance you had no knowledge of any claim or suit or of any employee benefits injury which might reasonably be expected to result in a claim or suit except as you had reported to us in writing at the time you so applied. c. A claim by a person or organization seeking damages will be deemed to have been made when notice of such claim is received and recorded by an insured or by us whichever comes first. d. Al claims for damages because of employee benefits injury to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured. 2. EXCLUSIONS This insurance does not apply to a. Any civil or criminal liability imposed on the insured arising out of 1 Any failure by the insured to comply with Cl c Form HC 00 21 07 99 Page 10f 7 1999 The Hartford Includes copyrighted material of Insurance Services Office with its permission. Copyright Insurance Services Office 1982 1986 1988 1992 | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE FORM any federal or state statutory or regulatory reporting requirement relating to an employee benefits program or 2 The commission or omission by an insured of any activity in connection with the management of assets of the employee benefits program which is prohibited under any federal or state statute or regulation. For the purposes of this exclusion civil or criminal liability includes pre or post judgement costs or expenses. b. Bodily injury property damage personal and advertising injury. c. Any dishonest fraudulent criminal or malicious act. d. The failure of any investment or saving program to perform as represented by an insured. e. An employee benefits injury that arises out of advice given by any insured to an employee whether to participate or not to participate in any employee benefits program.. The failure of any insured to 1 Perform any obligation 2 Fulfill any guarantee with respect to 1 The payment of benefits under any employee benefits program or 2 The providing handling or investing of funds relating to any of these. SUPPLEMENTARY PAYMENTS COVERAGE EB We will pay with respect to any claim or suit we defend a. All expenses we incur. b. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the igation or defense of the claim or including actual loss of earnings up to 250 a day because of time off from work. d. All costs taxed against the insured in the suit. e. Allinterest 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. SECTION Il WHO IS AN INSURED If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Each of the following is also an insured a. Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. b. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier and b. Coverage EB does not apply to employee benefits injury that occurred before you acquired or formed the organization. feaeral or state on civil or criminal idgement costs or amage personal nt criminal or stment or saving presented by an ry that arises out insured to an rticipate or not to nployee benefits rogram or fling or investing of of these. NTS COVERAGE any claim or suit ase attachmems but Page 2 0of 7 Form HC 00 21 07 99 | 2 |
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 IIl 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. Person or organizations making claims or bringing suit. 2. The Employee Benefits Liability Aggregate Limit is the most we will pay for all damages to which this insurance applies. 3. Subject to 2. above the Each Claim Limit is the most we will pay for all damages with respect to any one claim. 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. SECTION IV EMPLOYEE BENEFITS 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. Duties in The Event of Employee Benefits Injury Claim or Suit. a. You must see to it that we are notified as soon as practicable of an employee benefits injury which may result in a claim. To the extent possible notice should include 1 How when and where the employee benefits injury took place and 2 The names and addresses of any injured persons and witnesses. Notice of an employee benefits injury is not notice of a claim. If a written claim is made or suit is brought against any insured you must see to it that we receive prompt written notice of the claim or suit. EMPLOYEE BENEFITS LIABILITY COVERAGE FORM 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 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of employee benefits injury to which this insurance may also apply. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. 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 organizaton may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover our obligations are limited as follows a. Primary Insurance This insurance is primary except when 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 c. below. 1sured with respect st partnership joint y that is not shown tions. SURANCE in the Declarations most we will pay s brought or ns making claims y Aggregate Limit is damages to which Claim Limit is the jes with respect to mmm by fm b iod shown in the period is extended eriod of less than 12 tional period will be y period for purposes ance. YEE BENEFITS the insured or of the relieve us of our ge Part. Employee Benefits t we are notified as n employee benefits e Walai T thea Form HC 00 21 07 99 Page 3of 7 | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE FORM b. Excess Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of this Coverage Part and applies to damages on other than a claims made basis if 1 No retroactive date is shown in the Declarations of this Coverage Part or 2 The other insurance has a policy period which continues after the Retroactive Date shown in the Declara tions of this Coverage Part. When this insurance is excess we will have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 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. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. 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. SECTION V By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon represen tations you made to us and c. We have issued this policy in reliance upon your representations. Separation of Insureds. Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed or b. We renew or replace this Coverage Part with insurance that insurance permits hares we will follow r this approach each l amounts until it has of insurance or none hever comes first. Page 4 of 7 Form HC 00 21 07 99 | 2 |
1 Has a Retroactive Date later than the date shown in the Declaration of this Coverage Part or 2 Does not apply to employee benefits injury on a claims made basis. 2. A Basic Extended Reporting Period is auto matically provided without additional charge. This period starts with the end of the policy period and lasts for a. One year for claims arising out of an employee benefits injury reported to us not later than 60 days after the end of the policy period in accordance with paragraph 2.a. of SECTION IV EMPLOYEE BENEFITS LIABILITY CONDITIONS or b. Sixty days for all other claims. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. A Supplemental Extended Reporting Period of three years duration is available but only by an endorsement and for an extra charge. This supplemental period starts a. One year after the end of the policy period for claims arising out of an occurrence reported to us not later than 60 days after the end of the policy period in accordance with paragraph 2.a. of SECTION IV EMPLOYEE BENEFITS LIABILITY CONDITIONS or b. Sixty days after the end of the policy period for all other claims. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for employee benefits injury that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury which are first received and recorded during the Basic Extended Reporting Period or during the Supplemental Extended Reporting Period if it is in effect will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be cancelled. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this Coverage Part applies except to the extent described in paragraph 6. of this Section. If the Supplemental Extended Reporting Period is in effect we will provide the separate aggregate limit of insurance described below but only for claims first received and recorded during the Supplemental Extended Reporting Period. The separate aggregate limit of insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period. Paragraph 2. of SECTION Il LIMITS OF INSURANCE will be amended accordingly. pay the additional premium promptly when due. SECTION VI DEFINITIONS We will determine the additional premium in As used in this coverage part accordance with our rules and rates. In doing so 1. Administration means we may take into account the following a. The exposures insured b. Previous types and amount of insurance c. Limits of Insurance available under this Coverage Part for future payment of damages and d. Other related factors. The additional premium will not exceed 200 of the annual premium for this Coverage Part. This endorsement shall set forth the terms not inconsistent with this Section applicable to the a. Giving counsel to your employees or their dependents and beneficiaries with respect to interpreting the scope of your employee benefits program or their eligibility to participate in such programs and b. Handling records in connection with employee benefits program. Advertisement means a dissemination of information or images that has the purpose of inducing the sale of goods products or services through out of an ed to us not of the policy jraph 2.a. of BENEFITS od does not under any se or that stion of the unt of insurance available under this future payment of Form HC 00 21 07 99 Page 50f 7 | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE FORM a. 1 Radio 2 Television 3 Billboard 4 Magazine 5 Newspaper or b. Any other publication that widespread public distribution. However advertisement does not include the design printed material information or images contained in on or upon the packaging or labeling of any goods or products. Advertising idea advertisement. Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from any of these at any time. Claim means a written demand received by any insured for damages alleging employee benefits injury including the institution of a suit for such damages against any insured. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the employee benefits injury does not occur in the course of travel or transportation to or from any place not included in a. above. Damages include prejudgment interest awarded against the insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance is prohibited by the law applicable to the construction of this Coverage Part. Employee includes a leased worker which is not covered under a labor leasing firm s employee benefits program. Employee does not include a temporary worker. Employee benefits injury means injury that arises out of any negligent act error or omission in the administration of your employee benefits programs.. Employee benefits program means a formal program or programs of employee benefits maintained in connection with your business or operation such as but not limited to is given means any idea for an 15.. Occurrence a. Group life insurance group accident or health insurance profit sharing plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such insurance or plans and b. Unemployment insurance social security benefits workers compensation and disability benefits.. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document.. 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. 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 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 of material that violates a person s right of privacy. f. Copying in your advertisement a person s or organization s advertising ideas or style of advertisement or g. Infringement of copyright slogan or title of any literary or artistic work in your advertisement. 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 shall be deemed to occur at the time of the occurrence that caused it. against any insured. means ates of America including its possessions Puerto Rico and aters or airspace provided the efits injury does not occur in travel or transportation to or not included in a. above. prejudgment interest awarded I on that part of the judgment do not include hich insurance is prohibited by ble to the construction of this s a leased worker which is ler a labor leasing firm s program. Employee does i Page 6 of 7 Form HC 00 21 07 99 | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE FORM 15. Suit means a civil proceeding in which damage b. Any other alternative dispute resolution because of employee benefits injury to which proceeding in which such damages are this insurance applies are alleged. Suit claimed and to which you submit with our includes consent. a. An arbitration proceeding in which such 16. Temporary worker means a person who is damages are claimed and to which you must furnished to you to substitute for a permanent submit or do submit with our consent or employee on leave or to meet seasonal or short term workload conditions. Form HC 00 21 07 99 Page 7 of 7 | 2 |
COMMERCIAL GENERAL LIABILITY d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART FARM LIABILITY COVERAGE This insurance does not apply to any damages judgments settlements loss costs or expenses that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to person or property which arises out of or would not have occurred in whole or in part but for the lead hazard or b. Arise out of any request demand or order to 1. Identify abate test for sample monitor clean up remove cover contain treat detoxify decontaminate neutralize or mitigate or in any way respond to or assess the effects of the lead hazard or As a result of such effects repair replace or improve any property. c. Arise out of any claim or any suit for damages because of 1. 2. Identification of abatement of testing for sampling monitoring cleaning up removing covering containing treating detoxifying decontaminating neutralizing or mitigating or in any way responding to or assessing the effects of the lead hazard or As a result of such effects repairing replacing or improving any property. As used in this exclusion lead hazard means an exposure or threat of exposure to the actual or alleged properties of lead and includes the mere presence or suspected presence of lead in any form or combination. Form HC 21 37 03 93 1993 The Hartford | 2 |
POLICY NUMBER 37 UEA AR2667 COMMERCIAL GENERAL LIABILITY CG 04371204 ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Loss Of Electronic Data Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury And Property Damage Liability in Section Coverages is replaced by the following 2. Exclusions This insurance does not apply to p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. B. The following paragraph is added to Section Ill Limits Of Insurance Subject to 5. above the Loss of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. C. The following definition is added to the Definitions Section Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement the definition of Property Damage in the Definitions Section is replaced by the following 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 04371204 ISO Properties Inc. 2003 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Alienated Premises Coverage Damage To Your Work That Particular Part... Contractors Limited Professional Liability. Medical Payments Coverage Including Products Completed Operations 1 2 3 4. 5. Per Project and Per Location General Aggregate Limits Of Insuranc 6. 7. Injury To Employee s Reputation With Respect To Incidental Medical Malpractice. 8. Bodily Injury Employee Suits. 9. Consolidated Insurance Wrap Up Programs. 10. Access Or Disclosure Of Confidential Or Personal Information And Data Related Liability. 11. Supplementary Payments 12. Two Or More Coverage Parts Or Policies Issued By Us. 13. Notice of Cancellation to Certificate Holders 14. Contractual Liability Coverage For Personal And Advertising Injury 15. Insured Contract Definition. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section Coverage A is amended as follows a. The following exception to the exclusion is deleted 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. b. This exception is replaced by the following Paragraph 2 of this exclusion does not apply if the premises are your work. DAMAGE TO YOUR WORK A. Section Coverage A Bodily Injury And Property Damage Liability Paragraph 1. Insuring Agreement is amended to add the following f. Damages because of property damage include damages the insured becomes legally obligated to pay because of property damage to your work or caused by your work and such property damage shall be deemed to be caused by an occurrence if not intended or expected from the standpoint Form HS 245012 20 R I R I N N S of the insured regardless of whether the property damage arises from breach of contract. B. Exclusion I. Damage To Your Work of Section Coverage A is replaced by the following I. Damage to Your Work Property damage to that particular part of your work that must be restored repaired or replaced because your work was incorrectly performed and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work performed incorrectly was performed on your behalf by a subcontractor. This Paragraph 2.B. does not apply if Exclusion. Damage To Your Work has been otherwise modified by endorsement. THAT PARTICULAR PART This Paragraph 3. applies to Exclusion j. Damage to Property subparagraphs 5 and 6 Exclusion k. Damage to Your Product and Exclusion I. Damage to Your Work. 2020 The Hartford Page 1 of 7 Page 1 of 7 | 2 |
When performing operations as a general contractor the term that particular part shall not mean the entire construction improvement or renovation project. For purposes of this provision the term general contractor means the contractor signing the prime construction contract for a construction erection improvement or renovation project and that has main responsibility for such project including hiring all of the subcontractors and suppliers. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering architectural or surveying services in your capacity as an engineer architect or surveyor. Professional services include 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and Supervisory or inspection activities performed as a part of any related architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you with respect to your providing engineering architectural or surveying services in your capacity as an engineer architect or surveyor. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. However this exception to the exclusion will not apply if you are in the business or profession of providing the professional services described above independent from the construction work performed by you or on your behalf. In the event this insurance applies to any injury damage loss cost or expense covered by Professional Liability insurance issued by a company unaffiliated with us then the insurance 2 5. afforded under this Coverage Part is excess over such other valid and collectible Professional Liability insurance including any deductible or self insured retention portion thereof and any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis. PER PROJECT AND PER LOCATION GENERAL AGGREGATE LIMITS OF INSURANCE A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single project or a single location 1. A separate Per Project General Aggregate Limit or a separate Per Location General Aggregate Limit applies to each project or location whichever is applicable. The Per Project General Aggregate Limit and Per Location Aggregate Limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Per Project General Aggregate Limit or the Per Location General Aggregate Limit whichever applies is the most we will pay for the sum of all damages under Coverage A. except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Per Project General Aggregate Limit for that project or the Per Location General Aggregate for that location whichever applies. Such payments shall not reduce the General Aggregate Limit shown in the Declarations the Per Project General Aggregate Limit for any other project or the Per Location General Aggregate Limit for any other location. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of Page 2 of 7 Form HS 24 50 12 20 | 2 |
being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Per Project General Aggregate Limit if attributable only to ongoing operations at a single project or the Per Location General Aggregate if attributable only to ongoing operations at a single location. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single project or a single location 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit or any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. For the purposes of Paragraph 6. the following definitions apply Project means a premises an insured does not own or rent and where such insured performs construction related operations. Each project involving the same or connecting lots or premises whose connection is separated by a street roadway waterway railroad or right of way shall be considered a single project. 1. If a project has been abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project shall be considered a single project. Project does not include a premises that is a location. 2. Location means a premises an insured owns or rents and where such insured performs business operations other than construction related operations. Each location involving the same or connecting lots or premises whose connection is separated by a street roadway waterway or right of way railroad shall be considered a single location. Location does not include a premises that is a project. This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been otherwise modified by endorsement. 6. MEDICAL PAYMENTS COVERAGE INCLUDING PRODUCTS COMPLETED OPERATIONS Paragraph 1.a. of the Insuring Agreement Coverage C is replaced by the following 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent Because of your operations or Included within the definition of the products completed operations hazard 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 three years 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. 7. INJURY TO EMPLOYEE S REPUTATION WITH RESPECT TO INCIDENTAL MEDICAL MALPRACTICE A. The following is added to Paragraph 1.e. of the Insuring Agreement Coverage A 3 With respect to incidental medical malpractice bodily injury includes damages claimed for injury to emotions or reputation of an employee arising out of the rendering or failure to render professional health care services as a physician dentist nurse emergency medical technician or paramedic services. 3 Form HS 245012 20 Page 3 of 7 | 2 |
B. The following exclusion is added to Coverage B Personal and Advertising Injury Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician dentist nurse emergency medical technician or paramedic. BODILY INJURY EMPLOYEE SUITS A. Bodily injury as listed in Paragraph 2.a.1 of Section Il Who Is An Insured does not apply to 2.a.1a through 2.a.1c. B. Part a. of Paragraph 4. Nonowned Watercraft in Section Il Who Is An Insured does not apply. CONSOLIDATED INSURANCE WRAP UP PROGRAMS The following exclusion is added to Section Coverage A This insurance does not apply to any bodily injury or property damage arising out of any wrap project or premises where an insured under this policy is or was also an insured under one or more commercial general liability CGL policies including any umbrella or excess policies that include the commercial general liability policyies as underlying insurance included within a consolidated insurance wrap up program. This exclusion applies even if the limits of insurance for such consolidated insurance wrap up program are exhausted or not collected for any reason including bankruptcy or insolvency of the insurer providing coverage for the consolidated insurance wrap up program. This exclusion also applies if the CGL coverage afforded wunder the consolidated insurance wrap up program is narrower in scope than the coverage provided by this policy. This exclusion does not apply to A. Products Completed Operations Hazard Exception Bodily injury or property damage arising out of an insured s operations at or in connection with a wrap project or premises when such bodily injury or property damage commences after the products completed operations hazard coverage or any completed operations extension coverage provided by the applicable consolidated insurance wrap up program has ended or is no longer in effect. B. Off Site Location Exception Bodily injury or property damage resulting from an insured s operations at or in connection with a wrap project or premises at a location to which the applicable consolidated insurance wrap up program does not apply. C. Repair Work And Punch List Work Exception Page 4 of 7 10. Bodily injury or property damage resulting from repair work or punch list work at a wrap project or premises but only when the applicable consolidated insurance wrap up program does not apply or no longer applies to such repair work or punch list work. This exception does not apply to the cost of performing such repair work or punch list work or to the repair work or punch list work itself. D. Additional Insured Extension Bodily injury or property damage for which you are solely an additional insured under the consolidated insurance wrap up program. The coverage provided under Paragraphs 9.A through 9.D. above is subject to all terms conditions and exclusions of this policy. For purposes of Paragraph 9 the following definitions apply Consolidated insurance wrap up program means any agreement or arrangement including any contractor controlled owner controlled project specific or similar insurance program under which one or more contractors working on a specified project are insured under one or more commercial general liability CGL policies including any umbrella or excess policies that include the commercial general liability policyies as underlying insurance issued by a specified carrier for injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. Insured s operations means all operations performed by a named insured and not sub contracted or performed by others on the insured s behalf. Punch list work means the insured s operations at or in connection with a wrap project or premises in order to complete the work called for in an insured s contract for the wrap project or premises. Repair work means the insured s operations that are service maintenance correction repair replacement work or periodic inspection performed by an insured at or in connection with a wrap project or premises in order to replace or repair an insured s completed work. Wrap project or premises means any premises or construction erection improvement or renovation project subject to a consolidated insurance wrap up program. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY Form HS 24 50 12 20 | 2 |
A. Exclusion p. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following p. Access Or Disclosure Of Confidential or Personal Information And Data Related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to liability for damages because of bodily injury. B. Exclusion w. of Section 1 Coverage B Personal and Advetising Injury is replaced by the following w. Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. 2 C. The following Paragraph is added to Section Il Limits Of Insurance Subject to Paragraph 5. Each Occurrence Limit the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence is 100000 unless modified by endorsement. D. The following definition is added to Section V Definitions Electronic data means information facts or programs a. Stored as or on b. Created or used on or c. 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. E. For the purposes of the coverage provided by this provision the definition of property damage in Section V Definitions is replaced by the following Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 11. SUPPLEMENTARY PAYMENTS In the Supplementary Payments Coverages A and B provision The limit for the cost of bail bonds is increased to 2500. Form HS 24 5012 20 Page 5 of 7 | 2 |
12. TWO OR MORE COVERAGE PARTS OR POLICIES ISSUED BY US If this policy and any other policy issued to an insured by us or any affiliated company provides coverage that applies to the same claim or damages the maximum applicable limits of liability or limit of insurance under all the policies will not exceed the highest applicable limit of liability or limit of insurance under any one policy. This condition does not apply to any policy issued by us or an affiliated company specifically written to apply as excess insurance over this policy. 13. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This policy is subject to the following additional Conditions A. If this policy is cancelled by the Company other than for nonpayment of premium notice of such cancellation will be provided at least thirty 30 days in advance of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium or by the insured notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. If notice is mailed proof of mailing to the last known mailing address of the certificate holders on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holders who were issued a certificate of insurance applicable to this policy s term. Failure to provide such notice to the certificate holders will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 14. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY Exclusion e. of SECTION COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is replaced by the following This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or Page 6 of 7 2 Assumed in a contract or agreement that is an insured contract provided the personal and advertising injury occurs subsequent to the execution of the contract or agreement. 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 personal and advertising injury 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 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. b 15. INSURED CONTRACT DEFINITION a. INSURED CONTRACT CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d. of the definition of insured contract in Section V Definitions is deleted and replaced by the following An obligation as required by ordinance to indemnify a municipality. CONTRACTUAL LIABILITY Paragraph f. of the definition of insured contract is deleted and replaced by the following That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal and advertising injury 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. includes that part of any contract or agreement that indemnifies a railroad for bodily injury property damage or personal and advertising injury 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. However Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of Form HS 245012 20 | 2 |
a Preparing approving or failing to b prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1 above and supervisory inspection architectural or engineering activities. All other terms and conditions in the policy remain unchanged. Form HS 24 5012 20 Page 7 of 7 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS BROAD FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS A. Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to g. Aircraft Auto Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 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 that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Paragraph g.2 applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment 2 Form HC 23 14 06 17 2017 The Hartford 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 other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Lessthan 51 feet long and ii Not being used to carry persons for a charge 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 Bodily injury or property damage arising out of i 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 c d e Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. craft Auto Or Watercraft Coverage A Bodily Injury mage Liability is replaced by does not apply to uto Or Watercraft nned Aircraft injury or property damage out of the ownership nance use or entrustment to of any aircraft that is an nned aircraft. Use includes ion and loading or unloading. aragraph g.1 applies even if ims against any insured allege ence or other wrongdoing in the ision hiring employment g or monitoring of others by sured if the occurrence which d the bodily injury or property Je involved the ownership nance use or entrustment to of any aircraft that is an nned aircraft. ft Other Than Unmanned ft Auto Or Watercraft injury or property damage out of the ownership nance use or entrustment to of any aircraft other than nned aircraft auto or raft owned or operated by or or loaned to any insured. Use s operation and loading or ling. aragraph g.2 applies even if ims against any insured allege ence or other wrongdoing in the ision hiring employment training or monitoring that insured if the occl caused the bodily injur damage involved th maintenance use or others of any aircraf unmanned aircraft watercraft that is owne by or rented or loaned t This Paragraph g.2 d to a A watercraft whil premises you own A watercraft you dc is i Lessthan 51 fe ii Not being wus persons for a cl c Parking an auto ways next to pren or rent provided th owned by or rentec you or the insured Liability assumed insured contrac ownership maintel of aircraft or waterc Bodily injury damage arising ou i The operation or equipment tt to or part of. that would que definition C equipment if subject to a financial respol other motor ver law where it principally gara b d e | 2 |
ii The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. f An aircraft that is not owned by any insured and is hired chartered or loaned with a paid crew. However this exception does not apply if the insured has any other insurance for such bodily injury or property damage whether the other insurance is primary excess contingent or on any other basis. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Form HC 23 14 06 17 | 2 |
Policy Number 37 UEA AR2667 COMMERCIAL GENERAL LIA Effective Date 07012021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED WORK This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE COMMERCIAL GENERAL LIABILITY iR Description of your work Any and all operations performed 1 in the State of New York or 2 in connection with construction projects or jobs located in the State of New York If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance does not apply to bodily injury or property damage included in the products completed operations hazard and arising out of your work shown in the Schedule. CG 21340187 Copyright Insurance Services Office Inc. 1986 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBERFLEX AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement broadens coverage for your web site or internet related activities. A. Section V Definitions is changed as follows 1. Definition Of Advertisement Internet The following is added to Paragraph a. of the definition of advertisement Advertisement means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods products or services through a. 6 The Internet 2. Definition of Personal And Advertising Injury a. Your Web Site Paragraphs f. and g. of the definition of personal and advertising injury are replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses f. Copying in your advertisement or on your web site a person s or organization s advertising idea or style of advertisement g. Infringement of copyright slogan or title of any literary or artistic work in your advertisement or on your web site b. Publication By Those With Unauthorized Access The following is added to the definition of personal and advertising injury As used in this definition oral written or electronic publication includes publication of material in your care custody or control by someone not authorized to access or distribute that material. 3. Definition of Your Web Site The following definition is added Your web site means a web page or set of interconnected web pages prepared and maintained by you or by others on your behalf for the purpose of promoting your business or promoting your goods products or services that is accessible over an internet. B. Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is amended as follows 1. Exclusions f. g. and i. are replaced by the following f. Breach Of Contract Personal and advertising injury arising out of any breach of contract except an implied contract to use another s advertising idea in your advertisement or on your web site. 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 or on your web site Form HC 00 88 12 10 Page 1 of 2 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Infringement Of Intellectual Property Rights 1 Personal and advertising injury arising out any actual or alleged infringement or violation of any intellectual property right such as copyright patent trademark trade name trade secret service mark or other designation of origin or authenticity or 2 Any injury or damage alleged in any claim or suit that also alleges an infringement or violation of any intellectual property right whether such allegation of infringement or violation is made against you or any other party involved in the claim or suit regardless of whether this insurance would otherwise apply. However this exclusion does not apply if the only allegation in the claim or suit involving any intellectual property right is limited to 1 Infringement in your advertisement or on your web site of a Copyright b Slogan or c Title of any literary or artistic work or 2 Copying in your advertisement or on your web site a person s or organization s advertising idea or style of advertisement. 2. Exclusions k. Electronic Chatrooms Or Bulletin Boards does not apply. 3. Subparagraphs 1 2 and 3 of Exclusion p. Internet Advertisements And Content Of Others do not apply. Page 2 of 2 Form HC 00 88 12 10 | 2 |
Policy Number 37 UEA AR2667 Effective Date 07012021 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR HOSTILE FIRE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations 511 1ocations which are or were at any time owned or rented or loaned to any insured. With respect to any location shown in the Schedule of this endorsement subparagraph f. 1 a of the Absolute Pollution Exclusion Form HC 21 23 does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Form HC 21 26 04 00 c 2000 The Hartford Includes copyrighted material of Insurance Services Office with its permission. Copyright Insurance Services Office Inc. 1997 | 2 |
COMMERCIAL GENERAL LIABILITY o THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE DAMAGES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Paragraph 2. Exclusions This insurance does not apply to Any punitive or exemplary damages directly or indirectly assessed against an insured including but not limited to multiplied compensatory damages or non compensatory fines penalties or sanctions. However if a suit is brought against an insured alleging any of the damages referenced above we will have the right and duty to defend such suit provided this insurance otherwise applies. All other terms and conditions of this policy remain in effect. FormHC 24981214 Page 1 of 1 2014 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION ANTI STACKING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART A. The following is added to Paragraph 1.c. of Section Coverages Coverage A Bodily Injury and Property Damage Liability and 2. Section Coverages Products Completed Operations Bodily Injury and Property Damage Liability 4 In the event of continuing or progressively deteriorating bodily injury or property damage such bodily injury or property damage shall constitute a single occurrence and all such bodily injury or property damage shall be deemed to take place only when such bodily injury or 3. property damage first commenced whether or not any insured knew the property damage or bodily injury had commenced. This provision applies only if the bodily injury or property damage for which the suit or claim is seeking damages arises out of oris any way related to either a. Any residential construction operations or b. Any construction operations on at or incidental to any building structure development or project that is converted to a residential premises after the 4 insured s construction operations are complete. This subparagraph 4b. applies regardless of whether the insured has knowledge of or performs the conversion. B. For the purposes of this endorsement the 5 following definitions are added to Section V Definitions 1. Construction operations means pre construction new construction renovation remodeling rehabilitation repair or maintenance and includes supervising or providing materials or professional services for operations or work performed by an insured or on an insured s behalf for an insured or for others. Mixed use development means any form of building structure development or project that contains both commercial or industrial space and some form of building structure development or project that is a residential premises. Mixed use development does not include buildings structures developments or projects that solely and exclusively contain multiple types of commercial or industrial space. Professional Services means the rendering of or failure to render any professional engineering architectural or surveying services in your capacity as an engineer architect or surveyor. Professional services also includes 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. Supervisory or inspection activities performed as a part of any related architectural or engineering activities. Residential construction operations means construction operations performed on or at any residential premises by an insured or on an insured s behalf for the insured or for others. Residential premises means any one or more of the following a. Condominiums cooperatives homes houses tract housing timeshares townhomes or townhouses b. Mixed use development including the commercial or industrial portions of any mixed use development Form HS 30 09 03 18 Page 1 of 2 2018 The Hartford | 2 |
Any form of building structure development or project with multiple dwelling units where such dwelling units are individually owned or intended for individual ownership including any associated commercial or industrial space regardless of whether the bodily injury property damage or personal and advertising injury partially or exclusively arises out of such commercial or industrial space Any appurtenant common areas structures facilities grounds or improvements on or associated with a premises described in subparagraphs E.5.a. through E.5.c. above except for public streets or roads public rights of way or utility easements. e. Residential premises also include any conversion of property to or from any of the residential premises described above. This applies regardless of whether the insured has knowledge of or performs the conversion. However residential premises do not include buildings structures developments or projects with multiple dwelling units where such dwelling units are not individually owned or not intended for individual ownership including nursing homes assisted living facilities hospitals dormitories jails prisons military housing apartment buildings hotels or motels. Page 2 of 2 Form HS 30 09 03 18 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA KANSAS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM EDUCATORS PROFESSIONAL CHOICE POLICY EMPLOYERS LIABILITY AND STOP GAP COVERAGE FORM ERRORS AND OMISSIONS LIABILITY COVERAGE FORM MANUFACTURERS ERRORS AND OMISSIONS 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 A. The following exclusion is added This insurance does not apply to Silica Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the silica hazard. B. The following is added to the Definitions Section Silica hazard means an exposure to inhalation of or contact with or threat of exposure to inhalation of or contact with the actual or alleged properties of silica or any silica containing materials and includes the mere presence of silica or any silica containing materials in any form. Silica includes all forms of the compound silicon dioxide including but not limited to quartz. HG 21030315 Page 1 of 1 2015 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT OPTION V This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION Il WHO IS AN INSURED Paragraph 6. Additional Insureds When Required by Written Contract Written Agreement or Permit Subparagraph f. Any Other Party is deleted and replaced with the following A. Any other person or organization who is not an additional insured under Paragraphs a. through e. above and has not been added as an additional insured by separate endorsement under this Coverage Part but only with respect to liability for bodily injury property damage or personal and advertising injury as described in Paragraph 1 2 or 3 below whichever applies 1 If the written contract specifically requires 2 you to provide additional insured coverage to that person or organization by the use of the Additional Insured Owners Lessees or Contractors endorsement CG 20 10 11 85 or Additional Insured Owners Lessees or Contractors Scheduled Person Or Organization endorsement CG 20 10 10 01 or the Additional Insured Owners Lessees or Contractors Completed Operations endorsement CG 20 37 10 01 then such person or organization is an additional insured but only with respect to liability arising out of your work to which the written contract applies or If the written contract specifically requires you to provide additional insured coverage to that person or organization by the use of a. The Additional Insured Owners Lessees or Contractors Scheduled Person or Organization endorsement CG 201007 04 or CG 20 10 04 13 the Additional Insured Owners Lessees or Contractors Completed Operations endorsement CG 2037 07 04 or CG 20370413 or both of such endorsements with either of those edition dates or Form HS 30 06 0317 b. Either or both of the following t Additional Insured Owners Lessees Contractors Scheduled Person Organization endorsement CG 20 10 the Additional Insured Owne Lessees or Contractors Complet Operations endorsement CG 20 without an editon date of su endorsement specified then such person or organization is additional insured but only with respect liability caused in whole or in part by yc work to which the written contract applic or If neither Paragraph 1 nor 2 above plies then the person or organization is additional insured only if and to the exte that the injury or damage is caused by yc work to which the written contract applie 3. The insurance afforded to the additional insured under this endorsement 1 Applies only if the bodily injury or prope damage occurs or the personal a advertising injury offense is committed a During the policy period and b Subsequent to the execution of t written contract and c Prior to the expiration of the period time that the written contract requir such insurance be provided to t additional insured and d Only to the extent permitted by law an e Will not be broader than that which t written contract requires.. The following additional exclusion applies to a person or organization that qualifies as additional insured under this endorsement 1 This insurance does not apply to bod injury property damage or personal a Page 1 of 2017. The Hartford b. Either or both of the following the Additional Insured Owners Lessees or Contractors Scheduled Person Or Organization endorsement CG 20 10 or the Additional Insured Owners Lessees or Contractors Completed Operations endorsement CG 20 37 without an editon date of such endorsement specified then such person or organization is an additional insured but only with respect to liability caused in whole or in part by your work to which the written contract applies or If neither Paragraph 1 nor 2 above ap plies then the person or organization is an additional insured only if and to the extent that the injury or damage is caused by your work to which the written contract applies. B. The insurance afforded to the additional insured under this endorsement 1 Applies only if the bodily injury or property damage occurs or the personal and advertising injury offense is committed a During the policy period and b Subsequent to the execution of the written contract and c Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured and d Only to the extent permitted by law and e Will not be broader than that which the written contract requires. C. The following additional exclusion applies to any person or organization that qualifies as an additional insured under this endorsement 1 This insurance does not apply to bodily injury property damage or personal and 3 Page 1 of 3 Hartford 2017 The Hartford | 2 |
advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders designs or specifications or b Supervisory inspection architectural or engineering activities. D. SECTION IV COMMERCIAL GENERAL LIABLIITY CONDITIONS Paragraph 4. Other Insurance Paragraph b. Excess Insurance Subparagraph 7 When You Add Others As An Additional Insured To This Insurance is deleted and replaced with the following 7 When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However the following provisions apply to other insurance available to any person or organization who is an additional insured under this endorsement for this Coverage Part. a Primary Insurance This insurance is primary if you have agreed in the written contract that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in Paragraph c below. This insurance does not apply to other insurance to which the additional insured has been added as an additional insured. Primary And Non Contributory To Other Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that i The additional insured under this endorsement is a Named Insured under such other insurance and ii You have agreed in the written contract that this insurance would be primary and would not seek contribution from any other insurance available to such additional insured. c Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this b 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. E. With respect to insurance provided to the person or organization that is an additional insured under this endorsement SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Paragraph 2. Duties In The Event Of Occurrence Offense Claim or Suit is amended to include the following The additional insured must tender the defense and indemnity of any claim or suit to any other insurer or self insurer whose policy or program applies to a loss we cover under this endorsement. However if the written contract requires this insurance to be primary and non contributory then this provision does not apply to insurance to which the additional insured is the Named Insured. F. The insurance provided to the additional insured does not apply to bodily injury property damage or personal and advertising injury included in the products completed operations hazard wunless the written contract specifically requires such coverage be provided for the additional insured. If additional insured coverage during the products completed operation hazard is required by the written contract then such coverage will be provided for either 1 The number of years as required by the written contract but in no event greater than the applicable state s statute of repose or If the written contract is silent on the number of years required for products completed operations coverage then such coverage will be provided for 2 years from the date this policy expires cancels or terminates. G. Only for the purpose of this endorsement written contract means a written contract or written agreement that requires you to include a person or organization as an additional insured on this Coverage Part provided that a. The bodily injury property damage or personal advertising injury is caused by an occurrence or offense during the policy period and 2 Page 2 of 3 Form HS 30 06 03 17 | 2 |
b. The written contract was executed prior to the inception of the policy period and in effect during such bodily injury property damage or personal advertising injury. All other terms and conditions in the policy remain unchanged. Form HS 30 06 0317 Page 3 of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EXCLUSIONS AND DEFINITION PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusions i. j. t. and u. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability are replaced by the following Infringement Of Intellectual Property Rights 1 Personal and advertising injury arising out of any actual or alleged infringement or violation of any intellectual property right such as copyright patent trademark trade name trade secret service mark or other designation of origin or authenticity or Any injury or damage alleged in any clam or suit that also alleges an infringement or violation of any intellectual property right whether such allegation of infringement or violation is made by you or by any other party involved in the claim or suit regardless of whether this insurance would otherwise apply. However this exclusion does not apply if the only allegation in the claim or suit involving any intellectual property right is limited to 1 Infringement in your advertisement of a Copyright b Slogan or c Title of any literary or artistic 2 work or 2 Copying in your advertisement a person s or organization s advertising idea or style of advertisement. A 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 a. b. and c. of the definition 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. Discrimination Personal and advertising injury arising out of discrimination committed by or at your direction or the direction of any partner member manager executive officer director stockholder or trustee of the insured. Form HC 00 97 12 10 Page 1 of 2 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
u. Employment Related Practices Personal and advertising injury to 1 A person arising out of any employment related practices or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any employment related practices are directed. This exclusion applies a Whether the injury causing event described in the definiton of employment related practices occurs before employment during employment or after employment of that person 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. b c B. Paragraphs c. and h. of the definition of personal and advertising injury in the Definitions Section are replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 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 or organization occupies committed by or on behalf of its owner landlord or lessor h. Discrimination that results in humiliation or other injury to the feelings or reputation of a natural person. Page 2 of 2 Form HC 00 97 1210 | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. This insurance does not apply to any type of injury composed of but not limited to the following damages judgments settlements loss costs or materials or components expenses arising out of 1. A rigid or semi rigid insulation board made of 1. The application construction design expanded polystyrene or other materials applied distribution fabrication installation by adhesive or mechanical fasteners directly to maintenance manufacturing service a building s exterior sheathing materials or to a inspection repair or replacement of any weather resistive barrier Exterior Insulation and Finish System or 2. A reinforced base coat and 2. Any flashing caulking or sealants used with or 3. Afinish coat providing surface texture and color. affecting the Exterior Insulation and Finish Such system may or may not have a component System. 4. designed to channel water intrusion to the outside of B. For the purposes of this endorsement Exterior the siding system. Insulation and Finish System commonly referred to as EIFS synthetic stucco or by any other name means a multi lamina exterior building siding system composed of but not limited to the following materials or components 1. A rigid or semi rigid insulation board made of expanded polystyrene or other materials applied by adhesive or mechanical fasteners directly to a building s exterior sheathing materials or to a weather resistive barrier 2. Areinforced base coat and 3. Afinish coat providing surface texture and color. Such system may or may not have a component designed to channel water intrusion to the outside of the siding system. Form HC 21 93 12 03 Page 1 of 1 2003 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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