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C Chubb Commercial Excess And Umbrella Insurance CHUSBES Investigation Defense Subject o all of tho terms and conditions of this insurance we will have the right and duty to And Settlements defend the insured. under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settiements or related costs or expenses if such costs or expenses reduce such limits or. under Umbrella Coverage B against a suit to which such coverage applies even if such suit is false fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit. to which this insurance does not apply or. if any other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. R Supplementary Subject to all of the terms and conditions of this insurance under Excess Follow Form Lovemgs A Payments or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. thecostof a. bail bonds or b. bonds required to 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief 5. prejudgment interest awarded against the insured on that part of a judgment we pay. It we make an offer to pay the applicable Limit O Insurance we will not pay any prejudgment interest based on that period of time after the offer. Chubb Commercial Excess And Umbrella Insurance xxyg Form 07 02 0815 Rev. 7 01 Contract Page 5 of 32 | 1 |
Supplementa 6. interest on the full amount of a judgment that accrues after entry of the judgment and J try lgme Payments before we have paid offered to pay or deposited in court the part of the judgment that is continued within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. O e Coverage Territory Excess Follow Form With respect to Excess Follow Form Coverage A this insurance applies anywhere that the Coverage A applicable underlying insurance applies. Umbrelia Coverage B With respect to Ursbrella Coverage B his insusance applies anywhere. R B SR R0 R Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations qualify Excess Follow Form asinsureds Coverage A the Named Insured shown in the Declarations and. other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement R TR 7 S Who Is An Insured With respect to Umbrella Coverage B the following persons and organizations qualify as Insureds Umbrella Coverage B Sole Proprietorships If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner If you die. persons or organizations having proper temporary custody of your property arc insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and. your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint If ycu area pannenhlp mcludmg alimited uabuuy parmmmp or a joint venture you are an Ventures insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 6 of 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance CHUBE Who Is An Insured Umbrella Coverage B continued Limited Liability Companies If you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties as your managers. Other Orgamzatmns If you are an orgmuanon mcludmg a professional corporation otter than a pamemhnp joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their dutics as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Employees Your employees are msureds but they are mmreds only for acts wllhm the scope of their employment by you or while performing duties related to the conduct of your business. Volunteers Persona who are volumccr wmkcrs fur you are lnslncds bu they are msureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persuns crther than your employeei or orgamzauons while acting as your rcal estate managers are insureds but they are insureds only with respect to their duties as your real estate managers. Lessors Of Equipment Persom or orgamzancns from whom you lease eqmpmbm are insureds but lhey are msnredx only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any. damages arising out of their sole negligence or. occurrence that occurs or offense that is committed after the equipment lease ends. Lessors Of Premises Persons or organizations from whom you leasu premises are mslreds but they are lllsllreds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any. damages arising out of their sole negligence. occurrence that occurs or offense that is committed after you cease to be a tenant in the premises or. structural alteration new construction or demolition operations performed by or on behalf of Chubb Commercial Excess And Umbrelia Insurance Form 07 02 0815 Rev. 7 01 Contract Page 7 of 32 | 1 |
Who Is An Insured Umbrella Coverage B continued Subsidiary Or Newly Acquired Or Formed Organizations I there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls Subsidiary Or Newly Acquired Or Formed Organizations Lfmiaans On Who Is An Insured e Limi o ts Of Insurance I there is no other insurance available the following organizations will qualify as named insureds With respect to UmbrellahCove A R a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls cither directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of Ioss such first named insured controls either directly or indircctly more than fifty 50 percent of the interests entitled to vote gencrally in the election of the governing body of such organization. R s rage B the following limitations apply to Who Is An Insured. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. No person or organization is an insured with respect o the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire either directly or indirectly for any. bodily injury or property damage that occurred or. advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets business or organization No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. R S A With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds claims made or suits brought persons or organizations making claims or bringing suits vehicles involved or coverages provided in this contract. Chubb Commercial Excess And Umbrelia Insurance Form 07 02 0815 Rev. 7 01 Contract Page 80132 | 1 |
Chubb Commercial Excess And Umbrelia Insurance CHURBE Limits Of Insurance The aggregate limits apply separately to each consecutive annual period and to any remaining continued period of less than twelve 12 months starting with the beginning of the policy period shown in the Declarations provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwisc thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposcs of determining the Limits Of Insurance. Excess Coverage Other Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we Aggregate Limit will pay for the sum of loss under Excess Follow Form Coverage A except loss. included in the products completed operations hazard. arising out of advertising injury or personal injury or. otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applies. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as each aggregate limit so applies in each coverage or policy described in the Schedule Of Underlying Insurance. Umbre ella Coverages Subject to hc Each Or cunence len the Umhmlla Coverages Aggregate Limit is the most we Aggregate Limit will pay for the sum of loss under Umbrella Coverages except loss. included in the products completed operations hazard or. arising out of advertising injury or personal injury. Froducts Complefed Subject to me Each Occurrence ann Ihe Products Complmd Operauons Agg rcome ann is the Operations Aggregate Limit most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Advert smg In ury And The Advemsmg.1 ury And Pcrsoudl Tnjury Aggegate Limit is the most we will pay for the sum of Personal Injury Aggregate loss for advertising injury and personal injury even if such loss is or otherwise would be covered in Limit whole or in part under more than one coverage. Each Occurrence Limit The Each Occurrence anu is me most we will pay fot the sum of loss arising out of any one occurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. R S R S s Excess Coverage Other Aggregate Limit Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 9 of 32 | 1 |
When Excess Follow Form Coverage A Applies Drop Down Rt Exclusions Excess Follow Form Coverage A Pollution R Subject to all of the terms and conditions of this insurance with respect to Excess Follow Form Coverage A if the applicable underlying limits are reduced by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion S With respect to Excess Follow Form Coverage A the following exclusions apply. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal scepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1 bodily injury or property damage included in the products completed operations hazard 2. bodily injury or property damage a. caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts b if sustained within a building and caused by the release of gaseous irritants or contaminants from matetials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or c. resulting from your other ongoing contracting operations 3. bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building 4. bodily injury or property damage caused by heat smoke or fumes from a hostile fire or 5. bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a. insured or b. person or organization for whom any insured may be legally responsible. 2. at or from any premises site or location a 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 or Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 10 of 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance CHUBE Exclusions Excess Follow Form Coverage A Pollution b. on which any insured or any contractor or subcontractor working directly or continued indirectly on any insured s behalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize Pollution b. on which any insured or any contractor or subcontractor working directly or continued indirectly on any insured s behalf is 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 D. This insurance does not apply to any loss cost or expense arising out of any 1 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of any governmental authority or others 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 Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Notwithstanding anything to the contrary set forth in any other provision of this contract this Exclusions insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. B N. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the Umbrella Coverage B following exclusions apply. Bodily Injury Property Damage Aircraft Owned Or Rented This insurance does not apply to bodily injury or property damage arising out of the ownership Without Crew maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply o an aircraft that is. loaned or rented to you with a paid trained crew and. not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance F g Form 07 02 0815 Rev. 7 01 Contract Page 11032 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or This insurance does not apply to bodily injury or property damage arising out of the ownership Puerto Rico maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to hedily injury or property damage caused by an occurrence that takes place outside of the United Statcs of America including its possessions or territories Canada and Puerto Rico. Damage To Impaired This insurance does not apply to property damage Property Or Property Not R y.. ed ty Physically Injured mpairec property or. property that has not been physically injured arising out of any. defect deficiency inadequacy or dangerous condition in your product or your work or. delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. amage To Insureds This insurance does not apply to property damage to any property Property. owned by you or. of any insured that is in the care control or custody of any other insured. Damage To Your Frudut This insurance does not apply to property damage to your product arising out of it or any part of it. This insurance does not apply to property damage to Damage To Your Work Or Related Property. your work arising out of it or any part of it. that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is 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. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 12 0f 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance CHUBEB Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended This insurance does not apply to bodily injury or property damage arising out of an act that Injury. is intended by the insured or Expected Or Intended This insurance does not apply to bodily injury or property damage arising out of an act that Injury. is intended by the insured or. would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bedily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change continuation or resumption of any bedily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A. if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of 1. you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1 reports all or any part of any such injury or damage to us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Watercraft Owned of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft. while ashore on premises owned by or rented to you or. that is not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance E EE Form 07 02 0815 Rev. 7 01 Contract Page 13 0f 32 | 1 |
Exclusions Umbrella Coverage B Advertising Injury Personal Injury Breach Of Contract With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to advertising injury or personal injury arising out of breach of confract. o eieviial iyvlry Breach Of Contract This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Continuing Offenses Thls insurance does not apply advemsmg injury or personal i l.njllry that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A. this insurance or B. a subsequent continuous renewal or replacement of this insurance that L is issued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertising injury and personal injury. Crime Or Fraud This insurance dms not apply to advertising i lnluy or personal injury arising out of any cnmmal or fraudulent conduct committed by or with the consent or knowledge of the insured. s s s 2 R Expected Or Intended This insurance does not apply to advertising injury or personal injury ansmg out of an offense Injury committed by or behalf of the insured that isintended by such insured or. would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. R Failure To Conlorm To This insurance does not apply to advemsmg injury or ptrsonal Inury arising out of the failure of Representations Or 8oods products or services to conform with any electronic oral written or other representation or Warranties warranty of durability fitness performance quality or use. S ImemeAcI vmes This insurance does not apply to advemsmg injury or personal injury arising out. controlling creating designing or developing of another s Internet site. controlling creating designing developing determining or providing the content or material of another s Internet site. controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or. publication of content or material on or from the Internet other than material developed by you or at your direction. Prior Offenses This insurance docs not apply 10 advernsing injury or personal july ansmg out of any offcnse first committed before the beginning of the policy period. ons Or Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance CHUSE Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With This insurance does not apply to advertising injury or personal injury arising out of any Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insured Publications With This insurance does not apply to advertising injury or personal injury arising out of any Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insured. with knowledge of its falsity or. if a reasonable person in the circumstances of such insured would have known such material to be false. Wrong Description Of This insurance does not apply to adverusmg mjury or personal injury ansmg out 01 lhe wmng Prices description of the price of goods products or services. Exclusions With respect to Umbrella Coverage B. Bodily Injury And Property Damage Liability Coverage and Umbrella Coverage B Advertising Injury And Personal Tnjury Liability Coverage the following exclusions apply. Bodily Injury Property Damage Adbvertising Injury Personal Injury Employee Or Worker Injury A. This insurance does not apply to bodily injury property damage advertising injury or personal injury sustained by an employee or temporary worker of the insared arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. B. This insurance does not apply to bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone else who must pay damages because of any injury or damage described in paragraphs A. or B. above. Enhancement Tms insurance docs not apply 0 any loss. cost or expcnse incurred by you or olhcrs for any Maintenance Or Prevention Expenses A enhancement or maintenance of any property or B. prevention of any injury or damage to any 1. person or organization or 2. property you own Tent or occupy. Chubb Commercial Excess And Umbrelia Insurance E g Form 07 02 0815 Rev. 7 01 Contract Page 15 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws This insurance does not apply to any actual or alleged bodily injury property damage Or Rights advertising injury or personal injury arising out of giving rise o or in any way related to any actual or alleged. assertion or. infringement or violation by any person or organization including any insured of any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation This exclusion applies unless such injury. is caused by an offense described in the definition of advertising injury and. does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. Pollution A This insurance njury property damage advertising injury or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. This insurance does not apply to any loss cost or expense arising out of any 1 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of a governmental authority or others 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. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Recall Of Products Work This insurance does not apply to damages claimed for any loss cost or expense incurred by you or Or Impaired Property others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of. your product. your work or. impaired property Chubb Commercial Excess And Umbrelfa Insurance Form 07 02 0815 Rev. 7 01 Contract Page 16 of 32 | 1 |
E Chubb Commercial Excess And Umbrella Insurance CHUBE Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work if such product work or property is withdrawn or recalled from the market or from use by any Or Impaired Property person or organization because of a known or suspected defect deficiency inadequacy or continued dangerous condition in it. R S R Policy Exclusions With respect to all coverages under this contract the following exclusions apply. Asbestos A. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory 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 asbestos or 2 claim or proceeding by or on behalf of a governmental authority or others 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 asbestos. Caverages La ws Various This insurance does not apply to any llahl ty or loss cost or expense or cbhoauun of any msured under any. medical expenses or payments coverage. no fault law. personal injury protection coverage. underinsured or uninsured financial responsibility law. workers compensation disability benefits or unemployment compensation law or. similar coverage or law. Employee Retirement This insurance does not apply m any hablhty or loss cost or expense O obhgaunn m any mmred Income Security Laws under the United States of America Employees Retirement Income Security Act ERLS.A. of 1974 or any similar law as now constituted or hereafter amended. Employment Related A This insurance docs not apply to any liability or loss cost or expense in connection with any Practices damages sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy practice or representation directed at such person occurring in whole or in part at any time including any 1 arrest detention or imprisonment Chubb Commercial Excess And Umbrella Insurance Chubb Commercial Excess And Umbrelia Insurance F Form 07 02 0815 Rev. 7 01 Contract Page 17 of 32 | 1 |
Policy Exclusions Employment Related 2. breach of any express or implied covenant Prac tlces 3. coercion criticism humiliation prosecution or retaliation continued 4 defamation or disparagement Employment Related 2. breach of any express or implied covenant Praclces 3. coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement 5. demotion discipline evaluation or reassignment 6. discrimination harassment or segregation 7 a eviction or b. invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10. termination of employment or 11 other employment related act omission policy practice representation or relationship in connection with any insured at any time. B. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence thereof. This exclusion applies. whether the insured may be liablc 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 any of the foregoing. Nucleal Energy This insurance does not apply to any llablluy or loss costor expnse 1 with respect to which any insured under this policy also has status as an insured under anuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b. the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B This insurance does not apply to any liability or loss cost or expense arising out of the nuclear hazardous properties of nuclear material 1 if the nuclear material a. is at any nuclear facility owned by or operated by or on behalf of any insured Chubb Commercial Excess And Umbrelia Insurance Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32 | 1 |
CHUBEB Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy continued b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or l i Nuclear Energy b hasbeen discharged or dispersed therefrom or is contained in nuclear spent continued fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or 2. in any way related to the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. R e B Conditions With respect to all coverages under this contract the following conditions apply. Appeals We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. Audlt Of Baoks And Wc mzny audit your books and recnrds as Lhey relate to this insurance at any time dunng the term of Records this policy and up to three years afterwards. Bankruptcy Bankruplcy or msolvency of the insured or of the lnslred estate will not reheve us of our obligations under this insurance Cancellatlon The first namcd insured may cancel this policy or any of its individual coverageb atany time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata basis. Any unearned premium will be returned as soon as practicable. Ghanges This pollcy can only be changed by a written endomement that becomes part of this pollcy The endorsement must be signed by one of our authorized representatives. Compliance By Insureds We have no duty to provide cnvcmge under this puhcy unless you and any other involved insured have folly complied with all of the terms and conditions of the policy. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 19 of 32 | 1 |
Conditions continued Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this nolicy i iecned are amended ta cnmEarm tn crrmb ofadsac Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes.... S Disclosures And We have issued this insurance Representations. Based upon representations you made to us and. in reliance upon your representatives. Unintentional failure of an employee of the insured o disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information Duties In The Event Of A. Youmust see to it that we and any insurers of underlying insurance are notitied as soon as Occurrence Offense practicable of any occurrence or offense that may result in a claim if the claim may involve Claim Or Suit us or other insurers. To the extent possible notice should include 1 how when and where the occurrence or offense happened 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. Notice of an occurrence or offense is not notice of a claim B. Ifaclaim 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 2 notify us and any other insurers as soon as practicable and 3. see 1o it that we receive written notice of the claim or suit as soon as practicable. C. You and any other involved insured must 1. immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us to obtain records and other information 3. cooperate with us and any other insurers in the a investigation or settlement of the claim or b. 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 loss to which this insurance may also apply. D. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent. E. Notice given by or on behalf of L the insured Chubb Commercial Excess And Umbrelfa Insurance Form 07 02 0815 Rev. 7 01 Contract Page 20 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance CHUBE Conditions Duties In The Event Of 2. the injured person or Occurrence Offense. B 3. any other cl t Claim Or Suit other clatman continued to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice o us. Duties In The Event Of 2. the injured person or Occurrence Offense A. 3. any other claimant Claim Or Suit Y continued to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. F. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officer s designee knows about such occurrence or offense. G. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. H. Ifaclaim or loss does not reasonably appear to involve either this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. First Named Insured The person or organuauou first named in the Declarations is pnmanly responsible for paymcnt of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. lnspectlons And Surveys We may. make inspections and surveys at any time. give you reports on the conditions we find and recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions. are safe or healthful or. comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Joint Duties In Non With rcspect toan occurrence offense claim or smt to whlch hlb insurance apphes that arises in a Admitted Jurisdictions non admitted jurisdiction A we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. B. you and any other insured must Chubb Commercial Excess And Umbrelia insurance F E Form 07 02 0815 Rev. 7 01 Contract Page 21 of 32 | 1 |
Conditions Joint Duties In Non 1. make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions 2 continued obtain our approval for any payment and 3. effect approved payments to others in accordance with the terms and conditions of Joint Duties In Non Admitted Jurisdictions continued Legal Acfianb Against Us Maintenance of Underlying Insurance And Underlying Limits 1 make such investigation defense or settlement as we deem reasonable 2. obtain our approval for any payment and 3. effect approved payments to others in accordance with the terms and conditions of this insurance. C. we will reimburse funds to the insured for payments approved by us for 1. lossand 2. expenses and other payments to which this insurance applies. D. we will make those reimbursements 1 in a jurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. No person or organization has a right under this insurance to. join us as a party or otherwise bring us into a suit secking damages from an insured or. suc us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual. trial in a civil proceeding or. arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must sce to it that. underlying insurance is and remains valid and in full force and effect.. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree.. the terms and conditions of underlying insurance will not materially change unless we agree otherwise.. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule Of Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise.. the underlying limits are and remain available regardless of any bankruptcy insolvency or other financial impairment of any insurer or any other person or organization.. the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits. Chubb Commercial Excess And Umbrelia Insurance Form 07 02 0815 Rev. 7 01 Contract Page 22 of 32 | 1 |
Conditions Maintenance Of Underlying Insurance And Underlying Limits continued Other Insurance Separatron of nsureds Titles Of Paragrphs Transfer Of Rights And Duties Iransfer Or Waiver of Rights Of Recovery Against Others Your nght and duties under ns insurance may not be Lransfened wllhonl our wntlen consent. Chubb Commercial Excess And Umbrella Insurance Failure to comply with this condition will not invalidate this insurance. But in the case of any such failure our obligation or liability will not exceed that which would have applied absent any failure to comply with this condition. You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. If other valld and colleclable insurance is available to the msured for loss we would othetwue cover under this insurance our obligations are limited as follows. This insurance is excess over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the totai amount that all other insurance would pay for loss in the absence of this insurance and. of all deductible and self insured amounts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance. Except wnlh respect to the Limits Of Insurance and any nghls or duties psclcally assigned in this insurance to the first named insured this insurance applies. as if each named insured were the only named insured and separately o cach insured against whom claim is made o suit is brought. The titles of the various paragmphs of this policy and endorsemcnts. if any attachcd to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. However if you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. We will waive me nght of recovery we would otherwm have had agamst anomer pcrson or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived 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. Chubb Commercial Excess And Umbrella Insurance Chubb Commercial Excess And Umbrella Insurance F E Form 07 02 0815 Rev. 7 01 Contract Page 23 of 32 | 1 |
Conditions Transfer Or Waiver Of Rights Of Recovery Against Others continued Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for anv further amount recovered. Transfer Or Waiver Of Any amount recovered will be apportioned as follows Elgts toofgecovery. first we shall receive all amounts recovered until we have been fully reimbursed for all 9 aS ers amounts we have incurred including costs or expenses of such recovery proceedings. continued. Then you are entitled to claim for any further amount recovered. S N When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. 0 S s R e S S Chubb Commercial Excess And Umbrelfa Insurance Form 07 02 0815 Rev. 7 01 Contract Page 24 01 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance CHUBE Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertlsmg injury means mury olhcr v.han bodily i mury pmpeny damage or personal mury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their. copyrighted advertisement or. registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Auto Anm means a land motor vehicle trailer or semi trailer dcmgusd tor travsl on publlc roads including any attached machinery or equipment. But aute does not include mobile equipment. Bodily Injury Bodily injury means physical. injury. sickness or. disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury sickness or disease that caused it. Empoyeev Impa red Property Impan ed property means tangible pmpeny. other than yuur protiuct or your work that can not be used or is less useful because. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or. you have failed to fulfill the terms or conditions of a contract or agreement if such property can be restored to use by. the repair replacement adjustment or removal of your product or your work or. your fulfilling the terms or conditions of the contract or agreement Chubb Commercial Excess And Umbrella Insurance E EE Form 07 02 0815 Rev. 7 01 Contract Page 25 of 32 | 1 |
Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B. INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN continued BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insured Contract Insured contract means an oral or writlen contract or agreement pertaining to your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applics sustained by a third person or organization provided the injury or damage oceurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual Proprty Law Intellectual propel ty law or right means any Or Right i S. certification mark copyright patent or trademark including collective or service marks. right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information. other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or. other judicial or statutory law conceming piracy unfair competition or other similar practices. Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker. Leased Worker LLadmg Or Uv oadin A means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercraft 2. whileitis in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. B. 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 anto or watercraft. or repeated exposure to substantially the Occurrence Occurrence means an accident including continuous same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 26 of a2 | 1 |
CHUBE Chubb Commercial Excess And Umbrelia Insurance Definitions Umbrella Coverage B continued Personal Injury Products CampIetedb Operations Hazard WITH RESPECT TO UMBRELLA COVERAGE BViHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B. malicious prosecution C. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if commited by or on behalf of its landlord lessor or owner D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violates a person s right of privacy E. discrimination harrassment or segregation based on a person s protected human Cteristics as established by law. cha Products completed operations hazar A includes all bedily injury and property damage taking place away from premises owned or occupied by or loaned or rented to you 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. Your work will be deemed completed when. all of the work called for in your contract or agreement has been completed.. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site.. that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. B. does not include bodily injury or property damage arising out of 1 the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to 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 Chubb Commercial Excess And Umbrelia Insurance E Form 07 02 0815 Rev. 7 01 Contract Page 27 of 32 | 1 |
Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Products Completed 3. produets or operations for which the classification in our rules indicates that such Operations Hazard products or operations are not subject o the Products Completed Operations continued Aggregate Limits Of Insurance. Property Damage roperty damage means. physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. loss of use of tangible property that is not physically in jured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it Tangible property does not include any software data or other information that is in electronic form. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your product Your Product A means any L goods or products other than real property manufactured sold handled distributed or disposed of by a you b. others trading under your name or 4 person or organization whose assets or business you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. B. includes 1. Tepresentations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your Work Your worl A means any 1 work or operations performed by a. you or on your behalf or b. aperson or organization whose assets or business you have acquired and Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 28 of 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance CHUBE Definitions WITH RESPECT TO UMBRELLA COVEAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Your Work 2. materials parts or equipment fumished in connection with such work or operations. continued B includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. s e i i B S WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed Setilement Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Asbestos Asbcsms means asbestos in any fom mcludmo its prcscm.e or use in any alloy. by pmduc or other material or waste. Waste includes material to be recycled reconditioned or reclaimed. Hostlle re means one which becomes unun.mllable or breaks out fmm where it was mwndcd to be. Insured Insured means a person or an oruamzmmn quautymg as an insured in the Who Is An Inslred sections of this contract.. means damages that the insured becomes legally obligated to pay because of injury or damage.. does not include sums properly deducted for recoveries or salvage. Non Admitted Jurisdiction Non admitted jurisdiction means any jurisdiction where we are. not licensed or permitted by law to issue insurance or. prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Agreed Setilement Chubb Commercial Excess And Umbrelia Insurance Form 07 02 0815 Rev. 7 01 Contract Page 29 of 32 | 1 |
Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED continued WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear Facility Nuclear facility means any A. nuclear reactor B. cquipment or device designed or used for 1. separating the isotopes of plutonium or uranium 2 processing or utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste C. equipment or device used for the processing fabricating or alloying of nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 1. twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty 250 grams of uranium 235 or D. structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Hazardous Properties Nuclear Material Nuclear material means by product material source material or special nuclear mater By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Propelty Dama ge Nucear Reacor Nuclear reactor means any apparatus dcslg ncd or used 1o sustain nuclear fission in a sclf supporting chain reaction or to contain a critical mass of fissionable material Nuclear Spent Fuel Nucledr spent fuel means any y fucl elemenl or fuel componem sohd or hqmd which has bcm used or exposed to radiation in a nuclear reactor Nuclear Facility Chubb Commercial Excess And Umbrelfa Insurance Form 07 02 0815 Rev. 7 01 Contract Page 300 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance CHUERE Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRA CT WHEN USED continued WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear Waste Nuclear waste means any waste material. containing nuclear material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and. resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A. or B. of the definition of nuclear facility. Other Insurance Other insurance means any insurance affording coverage that this insurance would also afford. Other insurance includes any type of self insurance or other mechanism arranged for funding of loss. Other insurance does not include underlying insurance or insurance negotiated specifically to apply in excess of this insurance. Pollutants Pollutants means any solid liquid gaseous or thermal i nt or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit Suit means a civil proceeding in which damages to which this insurance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Underlying Insurance Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. 4U1derlying L mlts Undedyijlg limits means the sulmof amonms A shown for the hazards described in the Schedule Of Underlying Insurance consisting of amounts L. available under applicable underlying insurance and 2 any insured must pay because underlying insurance as represented by you is not available regardless of the reason B. available under any applicable antecedent renewal or replacement of underlying insurance C. of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and D. any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above. Nuclear Waste Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 31 of 32 | 1 |
Policy Definitions Underlying Limits continued WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. If amounts available under the applicable underlying insurance described in the Schedule Of Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits Underlying Limits continued Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 07 Contract Page 32 of 32 | 1 |
cHuBe Chubb Commercial Excess And Umbrella Insurance Endorsement To DECEMBER 15 2014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 5 0SS0 Under Conditions the condition titled Cancellation And When We Do Not Renew are deleted and replaced by the following Conditions Kansas Mandatory Cancellation Cancellation We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation stating the reasons for cancellation at least 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 30 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons nonpayment of premium this policy was issued because of material misrepresentation you or any other insured violated any of the material terms and conditions of this policy unfavorable underwriting factors specific to you exist that were not present at the inception of this policy a determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or a determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renew continued Form 07 02 1006 Rev. 5 02 Endorsement Page 1 | 2 |
Conditions Kansas Mandatory continued When We Do Not Renew policy If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first named insured at least 60 days prior to the expiration of the policy. Any notice of nonrenewal will be mailed or delivered to the first named insured s last mailing address known to us If notice is mailed proof of mailing will be sufficient proof of notice. All other terms and conditions remain unchanged. Authorized Representative S December 17 2013 Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renew last page Form 07 02 1006 Rev. 5 02 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance CcCHUBEB Endorsement To DECEMBER 15 2014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 S Under Conditions the following condition is added to the policy Conditions Compliance With This insurance does not apply to the extent that trade or economic sanctions or other laws or Applicable Trade regulations prohibit us from providing insurance. Sanctions This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. 11 other terms and conditions remain unchanged. Authorized Representative g Dlw December 17 2013 Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade Sanctions last page Form 07 02 1988 Rev. 2 04 Endorsement Page 1 | 2 |
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Chubb Commercial Excess And Umbrelia Insurance CHUBE Endorsement Policy Period Effective Date Policy Number Insured To DECEMBER 15 2014 DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company gppERAL INSURANCE COMPANY Date lssued December 17 2013 R RS SCHEDULE A Limits Of Insurance Crisis Assistance For Excess And Umbrella Aggregate Limit The lesser of. 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or. 300000. R A3 S5 A section titled Coverage Crisis Assistance For Excess And Umbrella is added to this contract. Coverage Crisis Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured Assistance For crisis assistance expenses up to the amount of the Crisis Assistance For Excess And Umbrella Excess And Umbrella Asgregate Limit shown in Schedule A arising out of a erisis event that first commences during the policy period of this insurance. A crisis event will be deemed to first commence at the time during the policy period of this insurance when you notify us in accordance with the Special Duties In The Event Of A Crisis Event provision of this Endorsement. A crisis event will be deemed to end one hundred and eighty 180 days after the date of notice of the crisis event was given o us by you or when the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in this Endorsement is exhausted whichever occurs first. Any payment of crisis assistance expenses hat we make under the coverage provided by this Endorsement will not be an acknowledgement of coverage under this insurance S R S AR RS Chubb Commercial Excess And Umbrelia Insurance Coverage Crisis Assistance For Excess And Umbrella continued E wE Form 07 02 2440 Ed. 12 10 Endorsement Page 1 | 2 |
Under Limits Of Insurance the following provision is added. Limits Of Insurance Crisis Assistance For The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses. Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit Crisis Assistance For The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses. Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit. applies to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof. will not be reinstated or increased and. will not reduce any other limits under this policy. s R Under Conditions the following conditions are added. T N S Conditions Special Duties In The You must see to it that within twenty four 24 hours of a crisis event Event Of A Crisis Event A one of the crisis assistance service providers is notified by telephone and Special Duties In The You must see to it that within twenty four 24 hours of a crisis event Event Of A Crisis Event A. one of the crisis assistance service providers is notified by telephone and B. we are notified. To the extent possible notice should include how when and where the crisis event took place the names and addresscs of any injured persons and witnesses the nature and location of any injury or damage arising out of the crisis event and Eali ol A the reason why the event is likely to involve injury or damage covered by this policy and involve significant adverse regional or national media coverage. If you have other insurance that provides coverage for crisis assistance also covered by this insurance then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Other Crisis Insurance Assistance R S Under Policy Definitions the following definitions are added. Policy Definitions Crisis Assistance Crisis assistance expenses means the following expenses incurred by the insured during a crisis Expenses event o which this insurance applies which are reasonable necessary and directly attributable to that crisis event Crisis assistance expenses means the following expenses incurred by the insured during a crisis event o which this insurance applies which are reasonable necessary and directly attributable to that crisis event. expenses o secure the scene of a crisis event. fees charged by a crisis assistance service provider shown in Schedule B for professional service or advice. funeral or related service expenses. psychological or grief counseling expenses. temporary living expenses Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrelia continued Form 07 02 2440 Ed. 12 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance CHUEBE Endorsement Effective Date December 15 2013 Policy Number 7985 91 51 R A SRR Policy Definitions e Crisis Assistance. travel expenses and Expenses. th nses approved by us. continued any other expenses app v us. Crisis Assistance Crisis assistance service provider means any firm Service Provider A shown in Schedule B or B. for which we at our sole discretion have provided written approval prior o the crisis event as evidenced in an endorsement to this policy and which is hired by you. We reserve the right to modify the list of firms shown in Schedule B without notice. Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A damages covered by this policy that are in excess of any applicable 1. underlying limits listed on the Schedule Of Underlying Limits 2. retained limits andor 3. other insurance and B. significant adverse regional or national media coverage. R Schedule B Crisis Assistance Service Providers S Please see listing of Crisis Assistance Service Providers on www.chubb.com. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Authorized Representative QJ December 17 2013 Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella last page Form 07 02 2440 Ed. 12 10 Endorsement Page 3 | 2 |
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Chubb Commercial Excess And Umbrella Insurance cHUBE Endorsement ce A partnership last page Page 1 To DECEMBER 152014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 172013 R s R A S A0 Under Conditions the following condition is added. Conditions Civil Unions Or Domestic All references in the policy to spouse include a party to a civil union or domestic partnership Partnerships recognized under the applicable law of the jurisdiction having authority. All other terms and conditions remain unchanged. Q. Authorized Representative g Chubb Commercial Excess And Umbrella Insurance Conditions Civil Unions Or Domestic Partnerships last page E g Form 07 02 2483 Ed. 3 12 Endorsement Page 1 | 2 |
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cHUBS Chubb Commercial Excess And Umbrella Insurance Endorsement To DECEMBER 152014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC s Terrorism Provisions Cap On Certified Terrorism Losses R Terrorism Definitions Certified Act Of Terrorism e Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 s SRR RS A new section titled Terrorism Provisions is added to the end of this contract. If. aggregate insured losses attributable to one or morc certified acts of terrorism under the terrorism law exceed 100 billion in a Program Year January 1 through December 31 and. we have met our insurer deductible under the terrorism law we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SR A new section titled Terrorism Definitions is added. Certified act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act A of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B. thatresults in damage 1. within the United States or 2. outside of the United States in the case of a an air carrier or vessel as described in the terrorism law or b. the premises of a mission of the United States of America which was committed by an individual or individuals as part of an effort to. coerce the civilian population or Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses continued Form 07 02 1961 Rev. 12 07 Endorsement Page 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Certified Act Of Terrorism influence the policy or affect the conduct of the Government continued of the United States. Certified act of terrorism does not include an act that. is committed as part of the course of a war declared by the Congress of the United States or. does not result in property and casualty insurance losses that exceed 5 million in the aggregate and are attributable o all types of insurance subject to the terrorism law. State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islands American Samoa Guam each of the United States Virgin Islands and any territory or possession of the United States of America. Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 Bub. L.107 297 as amended by the Terrorism Risk Insurance Extension Act of 2005 Pub. L.109 144 and the Terrorism Risk Insurance Program Reauthorization Act of 2007 Pub. L.110 160. United States United States means. astate and. the territorial sea and the continental shelf of the United States of America as described in the terrorism law. All other terms and conditions remain unchanged. Authorized Representative Q c S December 17 2013 Chubb Commercial Excess And Umbrelia Insurance Cap On Certified Terrorism Losses Jast page Form 07 02 1961 Rev. 12 07 Endorsement Page 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CHUBE Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period DECEMBER 15 2013 To DECEMBER 152014 Effective Date December 15 2013 Policy Number 7985 91 51 Insured EIKO GLOBAL LLC To DECEMBER 15 2014 Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 B L e e R e e e Under Policy Exclusions the following exclusion is added to this policy and replaces any similar exclusion contained therein Policy Exclusions Information Laws Including Unauthorized Or Unsolicited Communications This insurance does not apply to any liability or loss cost or expense arising out of any actual alleged or threatened violation of the United States of America CAN SPAM Act of 2003 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Fair Credit Reporting Act FCRA or any law amendatory thereof including the Fair and Accurate Credit Transactions Act FACTA or any similar regulatory or statutory law in any other jurisdiction or any other regulatory or statutory law in any jurisdiction that addresses limits or prohibits the collecting communicating disposal dissemination distribution monitoring printing publication recording sending or transmitting of content information or material. All other terms and conditions remain unchanged. e Authorized Representative LADJ December 17 2013 Policy Exclusions Information Laws Including Unauthorized Or Chubb Commercial Excess And Umbrella Insurance Unsolicited Communications last page E Form 07 02 2172 Rev. 1 13 Endorsement Page 1 | 2 |
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C Chubb Commercial Excess And Umbrella Insurance cHUBE Endorsement Policy Period DECEMBER 15 2013 To DECEMBER 15 2014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 S O T Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Intellectual Property Laws Or Rights is deleted and replaced by the following. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property A This insurance does not apply to any hodily injury property damage advertising injury Laws Or Rights or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened Intellectual Property A This insurance does not apply to any hodily injury property damage advertising injury Laws Or Rights or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertion or 2. infringement or violation by any person or organization including any insured of any intellectual property law or right. B. Further this insurance does not apply to the entirety of all allegations in any claim or suit it such claim or suit includes an allegation of or a reference to an infringement or violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegations in the claim or suit. o This exclusion applies unless the only infringement or violation of an intellectual property law or right s an offense described in the definition of advertising injury to which this insurance applies. L e LN e e Chubb Commercial Excess And Umbrelia Insurance Coverage B Exclusion Inteflectual Property Laws Or Rights continued E XwgE Form 07 02 2420 Ed. 5 10 Endorsement Page 1 | 2 |
Under Definitions Umbrella Coverage B the definitions titled Intellectual Property Law Or Right is deleted and replaced by the following. Deafinitinne llmhbralia ALRAL AT ILplated DY The Iollowing. Definitions Umbrella Coverage B Intellectual Property Law Intellectual property law or right means any Or Right. certification mark copyright patent or trademark including collective or service marks. right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information. other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or. other judicial or statutory law concerning piracy passing off or similar practices. All other terms and conditions remain unchanged. Authorized Representative Q December 17 2013 Chubb Commercial Excess And Umbrella Insurance Coverage B Exclusion Intellectual Property Laws Or Rights last page Form 07 02 2420 Ed. 5 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance CHUBE Endorsement To DECEMBER 152014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 e Under Policy Exclusions the following exclusion is added. Policy Exclusions Loss Of Use Of This insurance does not apply to any liability or loss cost or expense arising out of any Electronic Data. corruption of This insurance does not apply to any liability or loss cost or expense arising out of any. corruption of. inability to access. inability to manipulate. loss of or. other injury or damage to or loss of use of any software data or other information that is in electronic form. This exclusion does not apply to bodily injury or physical injury to tangible property including resulting loss of use of that property. All other terms and conditions remain unchanged. Authorized Represantative LQ Chubb Commerciaf Excess And Umbrella Insurance Policy Exclusion Loss Of Use Of Electronic Data last page E Form 07 02 2500 Ed. 5 12 Endorsement Page 1 | 2 |
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cHUBE Chubb Commercial Excess And Umbrella Insurance Endorsement to DECEMBER 15 2014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 WUC EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 T Who Is An Insured The Named Insured shown in the Declarations is completed to read as follows Dry Lam LLC Lighthouse LLC WiKO Ltd. Dry Lam LLC WiKo LTD Withers International Inc. Lighthouse LLC Named Insured All Other Terms and Conditions Remain Unchanged Authorized Representative 2 LDJ December 17 2013 Chubb Commercial Excess And Umbrella Insurance Who is An Insured Named Insured last page Form 07 02 1477 Rev. 07 01 Endorsement Page 1 | 2 |
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prruy Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To DECEMBER 15 2014 DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 s Umbrella Retroactive date 09272005 S S SR SRS Underlying Insurance Description EMPLOYEE BENEFITS LIABILITY Company GREAT NORTHERN INSURANCE COMPANY Policy No. 3585 71 23 S S5 o R Under Coverage Excess Follow Form Coverage A the following provisions are adde Coverage Excess Follow Form Coverage A Claims Made Insurance Provided the applicable underlying insurance described in this Endorsement is claims made And Extended Reporting insurance this coverage applies only if Periods the injury or damage did not occur or the offense that causes the injury was not first committed as applicable before the Retroactive Date shown in this Endorsement or after the end of the policy period of this insurance and a claim with respect to such injury or damage is first made during the policy period of this insurance or any Extended Reporting Period we provide. When Extended Provided the applicable underlying insurance provides extended reporting periods we will provide Reporting Periods Apply Extended Reporting Periods as described below. We will automatically provide a Basic Extended Reporting Period and if you purchase it a Supplemental Extended Reporting Period if A. this insurance is canceled or not renewed or Chubb Commercial Excess And Umbrelia Insurance Coverage Excess Foliow Form Coverage A Claims Made continued E i Form 07 02 0859 Rev. 7 01 Endorsement Page 1 | 2 |
Coverage Excess Follow Form Coverage A When Extended B. we renew or replace this insurance with other insurance that Z 5 Zdg Periods Apply 1. has aretroactive date later than the Retroactive Date shown in this Endorsement or 2. isnot claims made insurance Haw Extenvded Hepoltmg Extcned Reporting Peri Periods Apply A apply only to claims with respect to 1 injury or damage that did not occur or 2. injury caused by an offense that was not first committed before the Retroactive Date shown in this Endorsement or after the end of the policy period of this insurance. B. donot 1 extend the policy period or change the scope of coverage provided or 2. reinstatc or increase the Limits Of Insurance. C. may not be canceled once in cffect. i s Se. s 5 Basic Extended eporting Period is automatically provided. This period starts with the end of the Reporting Period policy period of this insurance and lasts for a period no longer than the applicable extended reporting period of the underlying insurance. for claims made with respect to injury or damage caused by an occurrence or offense reported to us not later than sixty 60 days after the end of the policy period of this insurance in accordance with paragraphs A. and B. of the condition titled Duties In the Event Of Occurrence Offense Claim Or Suit.. yet no longer than sixty 60 days with respect to claims resulting from occurrences or offenses not previously reported to us. Such claims will be deemed to have been made during the policy period of this insurance. 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 otherwise applicable to such claims. Supplemental Extended A Supplemental Extended Reporting Period is av able but only by an endorsement and for an Reporting Period additional premium subject to the following provisions. If purchased this period starts at the later of the end of the policy period of this insurance or the end of the applicable Basic Fxtended Reporting Period of this insurance and lasts for a period no longer than the applicable extended reporting period of the underlying insurance Claims first made during this Supplemental Extended Reporting Period will be deemed to have been made during the policy period of this insurance. Chubb Commercial Excess And Umbrelia Insurance Coverage Excess Foliow Form Coverage A Claims Made continued Form 07 02 0859 Rev. 7 01 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance CHUBE Endorsement Effective Date December 15 2013 Policy Number 7985 91 51 5 PR RS Coverage Excess Follow Form Coverage A Supplemental Extended You must give us a written request to purchase a Supplemental Extended Reporting Period within Reporting Period sixty 60 days after the end of the policy period of this insurance. The Supplemental Extended continued Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium for the Supplemental Extended Reporting Period Endorsement in accordance with our rules and rates. The Supplemental Extended Reporting Period Endorsement will set forth the terms and conditions not inconsistent with this section applicable to the Supplemental Extended Reporting Period. The insurance afforded under the Supplemental Extended Reporting Period Endorsement is excess over any other valid and collectible insurance available under insurance in force after the Supplemental Extended Reporting Period starts. T R R S A B Under Coverages Umbrelia Coverage B Bodily Injury And Property Damage Liability Coverage the following provision is added. Coverages This coverage does not apply to any part of gmclella Covzr de B A loss o which underlying insurance would have applicd but for a limitation in such coverage Po z rglgglmar with respect to the timing of a riggering event or Liability Coverage B. any costs or expenses related to loss described in subparagraph A. above. S Under Coverages Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following provision is added Coverages This coverage does not apply to any part of gb ella Colvqr agi B y A oss10 which underlying insurance would bave applid but for a limitation insuch coverage vertising njury An with respect to the timing of a triggering event or Personal Injury Lia bilify Coverage B. any costs or expenses related to loss described in subparagraph A. above. Chubb Commercial Excess And Umbrella Insurance Coverage Excess Follow Form Coverage A Claims Made continued Form 07 02 08539 Rev. 7 01 Endorsement Page 3 | 2 |
Under Policy Definitions the following definition is added. Policy Definitions Claims Made Claims made insurance means such insurance coverage the triggering event of which is based on the timine of a claim first made dnrine the nalicy neriad qr any oy tomdod remeartinm mapod Claims made insurance means such insurance coverage the triggering event of which is based on the timing of a claim first made during the policy period or any extended reporting period. All other terms and conditions remain unchanged. Authorized Representative Lso December 172013 Chubb Commercial Excess And Umbrella Insurance Coverage Excess Follow Form Coverage A Claims Made last page Form 07 02 0859 Rev. 7 01 Endorsement Page 4 | 2 |
ey Chubb Commercial Excess And Umbrella Insurance Endorsement To DECEMBER 15 2014 Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 OO Under Policy Exclusions the following exclusion is added Policy Exclusions Care Control Or This insurance does not apply to property damage to property described below if the property is in Custody the care control or custody of the insured. Tarms b mer mf Deoatare This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. Description of Property REAL AND PERSONAL PROPERTY All other terms and conditions remain unchanged. Authori d Representative December 17 2013 Chubb Commercial Excess And Umbrelia Insurance Policy Exclusions Care Control Or Custody last page F Form 07 02 0837 Rev. 7 01 Endorsement Page 1 | 2 |
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Chubb Commercial Excess And Umbrella Insurance CHUEBE Endorsement Policy Period Effective Date Policy Number Insured To DECEMBER 15 2014 DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 B e Under Exclu umlUmbxclla Coveraoe B Bodlly InJuryleperly Damage Advcm ng Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Foreign Liability This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of an occurrence outside the United States of America its territories or This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of an occurrence outside the United States of America its territories or possessions Canada or Puerto Rico. All other terms and conditions remain unchanged. Authorized Representative o B Q December 17 2013 Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Foreign Liability last page E EE Form 07 02 0861 Rev. 7 01 Endorsement Page 1 | 2 |
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C Chubb Commercial Excess And Umbrella Insurance CHUBE Endorsement Policy Period DECEMBER 15 2013 To DECEMBER 152014 Effective Date December 15 2013 Policy Number 7985 91 51 Insured EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 S S A L e e Under Policy Exclusions the following exclusion is added Policy Exclusions Lead This insurance does not apply to any liability or loss cost or expense arising out of A. theactual alleged or threatened contaminative pathogenic toxic or other hazardous properties of Lead or B. L any request demand order or regulatory or statutory 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 Lead or 2. any claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding o or assessing the effects of Lead. Under Policy Definitions the following Definition is added Policy Definitions Lead Lead means the element lead in any form including its use o presence in any alloy compound by product or other material or waste. Waste includes materials to be disposed of recycled reconditioned or reclaimed. All other terms and conditions remain unchanged. Authorized Representative Q o 3 December 172013 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Lead last page F Form 07 02 1153 Rev. 7 01 Endorsement Page 1 Policy Period Effective Date Policy Number Insured To DECEMBER 152014 DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 N B S S S Under Policy Exclusions the following exclusion is added Policy Exclusions Lead This insurance does not apply to any liability or loss cost or expense arising out of A. theactual alleged or threatened contaminative pathogenic toxic or other hazardous properties of Lead or B. L any request demand order or regulatory or statutory 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 Lead or 2. any claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding o or assessing the effects of Lead. Under Policy Definitions the following Definition is added r Policy Definitions Lead Lead means the element lead in any form including its use o presence in any alloy compound bv product. or other material or waste. Waste includes materials to be disposed of. recveled. Lead means the clement lead in any form including its use or presence in any alloy compound by product or other material or waste. Waste includes materials to be disposed of recycled reconditioned or reclaimed. All other terms and conditions remain unchanged. Authorized Representative o December 172013 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Lead last page E.m E Form 07 02 1153 Rev. 7 01 Endorsement Page 1 | 2 |
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Chubb Commercial Excess And Umbrella Insurance cHUBEB Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 15 2013 December 15 2013 7985 91 51 EIKO GLOBAL LLC To DECEMBER i5 2014 Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 e Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following Exclusions Exclusions Excess Follow Form Coverage A Pollution This insurance does not apply to any liability or loss cost or expense arising out of A. the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. 1 any request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. any claim or proceeding by or on behalf of a governmentat authority or others 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. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. All other terms and conditions remain unchanged. Authorized Representative Q QX December 172013 Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution last page E g Form 07 02 0665 Rev. 7 01 Endorsement Page 1 | 2 |
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Chubb Commercial Excess And Umbrella Insurance CcHUBSE Endorsement Policy Period Effective Date Policy Number Insured To DECEMBER 15 2014 DECEMBER 15 2013 T December 15 2013 7985 91 51 EIKO GLOBAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2013 S A 0 Supplementary Payments is deleted in its entirety and replaced by the following S s Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. thecostof a. bail bonds or b. bonds required to 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3. reasonable expenses incurred by the insured at our request to assist us in the. investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. 5. prejudgment interest awarded against the inswred on that part of a 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. Chubb Commercial Excess And Umbrella Insurance Supplementary Payments continued Form 07 02 0845 Rev. 7 01 Endorsement Page 1 | 2 |
Supplementary Payments continued 6. interest on the full amount of a judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the Jjudgment that is within the applicable Limit Of Tnsurance. Supplementary Payments does not include any fine or other penalty under Excess Follow Form Coverage A if supplementary payments of the applicable underlying insurance. reduce the limits of underlying insurance then Supplementary Payments made under this coverage will reduce the Limits Of Insurance of this insurance.. do not reduce the limits of underlying insurance then Supplementary Payments made under this coverage will not reduce the Limits Of Insurance of this insurance. D. under Umbrella Coverage B Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. All other terms and conditions remain unchanged. Authorized Representative o S December 17 2013 Chubb Commercial Excess And Umbrella Insurance Supplementary Payments Form 07 02 0845 Rev. 7 01 Endorsement last page Page 2 | 2 |
000528 Liberty Mutual. INSURANCE Policyholder Information Named Insured Mailing Address Agent Mailing Address Phone No. WIEKHORST PROPERTIES INC 844 575 1283 3802 S 70TH ST LOCKTON COMPANIES LLC OMAHA NE 68106 13710 FNB PKWY STE 400 Your Commercial Documents OMAHA NE 68154 5298 Dear Policyholder We know you work hard to build your business. We work together with your agent LOCKTON COMPANIES LLC 844 575 1283 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of THIS IS NOT A BILL THIS IS NOT A BILL Commercial Umbrella To find your limits of insurance and premium please refer to your Declarations pages. Please refer to your policy for specific coverages. If you have any questions or changes that may affect your insurance needs please contact your Agent at 844 575 1283 2 o Verify that all information is correct n If you have any changes please contact your Agent at 844 575 1283 Reminders In case of a claim call your Agent or 1 844 325 2467 You Need To Know CONTINUED ON NEXT PAGE To report a claim call your Agent or 1 844 325 2467 DS 70 20 01 08 | 2 |
You Need To Know continued NOTICES TO POLICYHOLDERS The Important Notices to Policyholders provide a general explanation of changes in coverage to your policy. The Important Notices to Policyholders is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights duties and what is and is not covered. FORM NUMBER TITLE CNI90 11 07 18 Reporting A Commercial Claim 24 Hours A Day NP 73 12 02 20 Terrorism Insurance Premium Notice And Opportunity To Reject NP 74 44 09 06 U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice to Policyholders NP 89 69 11 10 Important Policyholder Information Concerning Billing Practices SNIO4 01 12 20 Liberty Mutual Group California Privacy Notice This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. | 2 |
8 CNI 90 11 07 18 REPORTING A COMMERCIAL CLAIM 24 HOURS A DAY Liberty Mutual Insurance claims professionals across the United States are ready to resolve your claim quickly and fairly so you and your team can focus on your business. Our claims teams are specialized experienced and dedicated to a high standard of service. We re Just a Call Away One Phone Number to Report All Commercial Insurance Claims Reporting a new claim has never been easier. A Liberty Mutual customer service representative is available to you 247 at 1844325 2467 for reporting new property auto liability and workers compensation claims. With contact centers strategically located throughout the country for continuity and accessibility we re there when we re needed Additional Resource for Workers Compensation Customers In many states employers are required by law to use state specific workers compensation claims forms and posting notices. This type of information can be found in the Policyholders Toolkit section of our website along with other helpful resources such as e Direct links to state workers compensation websites where you can find state specific claim forms Assistance finding local medical providers First Fill pharmacy forms part of our managed care pharmacy program committed to helping injured workers recover and return to work Our Policyholder Toolkit can be accessed at www.libertymutualgroup.comtoolkit. For all claims inquiries please call us at 1844325 2467 2 2018 Liberty Mutual Insurance CNI 90 11 07 18 Page 1 of 1 | 2 |
04292021 Uuso 22 63 11 91 18 From 07072021 To 07072022 WIEKHORST PROPERTIES INC 3802 S 70TH ST OMAHA NE 68106 844 575 1283 LOCKTON COMPANIES LLC 13710 FNB PKWY STE 400 OMAHA NE 68154 5298 TERRORISM INSURANCE PREMIUM DISCLOSURE AND OPPORTUNITY TO REJECT This notice contains important information about the Terrorism Risk Insurance Act and its effect on your policy. Please read it carefully. THE TERRORISM RISK INSURANCE ACT The Terrorism Risk Insurance Act including all amendments TRIA or the Act establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from such acts exceed the Program Trigger. An insurer that has met its insurer deductible is not liable for any portion of losses in excess of 100 billion per year. Similarly the federal government is not liable for any losses covered by the Act that exceed this amount. If aggregate insured losses exceed 100 billion losses up to that amount may be pro rated as determined by the Secretary of the Treasury. Beginning in calendar year 2020 the Federal Share is 80 and the Program Trigger is 200000000. MANDATORY OFFER OF COVERAGE FOR CERTIFIED ACTS OF TERRORISM AND DISCLOSURE OF PRE MiuMm TRIA requires insurers to make coverage available for any loss that occurs within the United States or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels results from a certified act of terrorism AND that is otherwise covered under your policy. A certified act of terrorism means Alny act that is certified by the Secretary of the Treasury 1 in consultation with the Secretary of Homeland Security and the Attorney General of the United States i to be an act of terrorism i to be aviolent act or an act that is dangerous to human life property or 1 infrastructure iii to have resulted in damage within the United States or outside of the United States in the case of I an air carrier as defined in section 40102 of title 49 United States Code or United States flag vessel or avessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or Il the premises of a United States mission and 2020 Liberty Mutual Insurance NP 73 12 02 20 Page 1 of 2 | 2 |
000528 2 iv to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. REJECTING TERRORISM INSURANCE COVERAGE WHAT YOU MUST DO We have included in your policy coverage for losses resulting from certified acts of terrorism as defined above. THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV ERNMENT UNDER THE ACT. If we are providing you with a quote the premium charge will also appear on your quote as a separate line item charge. IF YOU CHOOSE TO REJECT THIS COVERAGE PLEASE CHECK THE BOX BELOW SIGN THE ACKNOWL EDGMENT AND RETURN THIS FORM TO YOUR AGENT Please ensure any rejection is received within thirty 30 days of the effective date of your policy. Before making a decision to reject terrorism insurance refer to the Underlying Coverage Requirement located at the end of this Notice. hereby reject this offer of coverage. understand that by rejecting this offer will have no coverage for losses arising from certified acts of terrorism and my policy will be endorsed accordingly. Policyholder Applicant s Signature Print Name Date Signed Named Insured Policy Number WIEKHORST PROPERTIES INC Uso 22 63 11 91 18 Print Name 2 Policy Effective Expiration Date From 07072021 To 07072022 UNDERLYING COVERAGE REQUIREMENT This policy will apply to Terrorism Coverage only in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to you during the Policy Period. If you fail to comply with this Underlying Coverage Requirement and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this requirement. IF YOU REJECTED THIS COVERAGE PLEASE RETURN THIS FORM TO YOUR AGENT. The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms definitions exclusions and conditions. In case of any conflict your policy language will control the resolution of all coverage questions. Please read your policy carefully. If you have any questions regarding this notice please contact your agent. 2020 Liberty Mutual Insurance NP 73 12 02 20 Page 2 of 2 | 2 |
NP 74 44 09 06 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. Please refer any questions you may have to your insurance agent. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presiden tial declarations of national emergency. OFAC has identified and listed numerous e Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. 2011 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. NP 74 44 09 06 Page 1 of 1 | 2 |
NP 89 69 11 10 8 o IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES Dear Valued Policyholder This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent the account and policy billed the billing company payment plan policy number transaction dates description of transactions charges credits policy amount balance mini mum amount and payment due date. This insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment Plans Annual Payment Plan When this plan applies you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. e Installment Payment Plan When this plan applies you have elected to pay your policy premium in installments e.g. quarterly or monthly installments Installment Payment Plans vary by state. As noted below an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee If you elected to pay your premiums in installments using the Installment Premium Payment Plan an installment billing fee applies to each installment bill. The installment billing charge will not apply however if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the installment charge varies from state to state please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. If that is the case and your premium payment withdrawal request is returned to us dishonored a payment return fee will apply. Because the amount of the return fee varies from state to state please consult your Premium Notice for the actual fee that applies. Late Payment Fee If we do not receive the minimum amount due on or before the date or time the payment is due as indicated on your Premium Notice you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non payment of a scheduled installments may result in the biling and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. Special Note Please note that some states do not permit the charging of certain fees. Therefore if your state does not allow the charging of an Installment Payment Plan Dishonored Payment or Late Payment Fee the disallowed fee will not be charged and will not be included on your Premium Notice. EFT Automatic Withdrawals Payment Option When you select this option you will not be sent Premium Notices and in most cases will not be charged installment fees. For more information on our EFT Auto matic Withdrawals payment option refer to the attached policyholder plan notice and enroliment sheet. Once again please contact your agent if you have any questions about the above billing practice informa tion. Thank you for selecting us to service your insurance needs. 2 2010 Liberty Mutual Insurance Company. All rights reserved. NP 89 69 11 10 Page 1 of 1 | 2 |
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective December 15 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employ ees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data o Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers Personal information described in California Civil Code 1798.80e such as your name signa ture Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employ ment employment history bank account number financial information medical information or health insurance information e Protected classification characteristics including age race color national origin citizenship reli gion or creed marital status medical condition physical or mental disability sex including gen der gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status e Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies o Internet or other similar network activity including browsing history search history information on aconsumer s interaction with a website application or advertisement o Professional or employment related information including current or past job history or perfor mance evaluations o Inferences drawn from other personal information such as a profile reflecting a person s pref erences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes o Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and o Claims data including data about your previous and current claims which may include data re garding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Sup plemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from you. For example you provide us with data when you We also gather your personal data from other people. For example. ask about buy insurance or file a claim e your insurance agent or broker pay your policy e your employer association or business if you are insured through them 2020 Liberty Mutual Insurance SNI 04 01 12 20 Page 1 of 5 | 2 |
000528 8 visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your property other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government en tities open electoral register advertising net works data analytics providers social networks data brokers or in the event of a claim third par ties including other parties to the claim wit nesses experts loss adjustors and claim han dlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which re quires your personal data For information libertymutual.comprivacy How Does Liberty Mutual Use My Data about how we have collected personal data in the past twelve 12 months please go to and click on the link for the California Supplemental Privacy Policy. Liberty Mutual uses your data to provide you with our products and services and as otherwise provided in this Privacy Notice. Your data may be used to Business Purpose DataCategories Market sell and provide insurance. This includes o Identifiers for example Personal Information e calculating your premium e Protected Classification Characteristics o determining your eligibility for a quote o Commercial Information o confirming your identity and service your e Internet or other similar network activity policy o Professional or employment related information e Inferences drawn from other personal information e Risk data o Claims data Manage your claim. This includes for example o Identifiers managing your claim if any Personal Information conducting claims investigations e Protected Classification Characteristics e conducting medical examinations e Commercial Information e conducting inspections appraisals e Internet or other similar network activity e providing roadside assistance o Professional or employment related information e providing rental car replacement or repairs e Inferences drawn from other personal informa tion 2 Characteristics calculating your premium determining your eligibility for a quote confirming your identity and service your policy Characteristics 2020 Liberty Mutual Insurance Page 2 of 5 SNI 04 01 12 20 | 2 |
e Risk data o Claims data Day to Day Business and Insurance Operations. o Identifiers This includes for example e Personal Information e creating maintaining customizing and e Protected Classification Characteristics securing accounts e Commercial Information supporting day to day business and e Internet or other similar network activity insurance related functions o Professional or employment related information e doing internal research for technology e Inferences drawn from other personal o development information e marketing and creating products and o Risk data services o Claims data e conducting audits related to a current contact with a consumer and other transactions e as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. This includes for o Identifiers example o Personal Information o detecting security issues o Protected Classification Characteristics e protecting against fraud or illegal activity and Commercial Information to comply with regulatory and law o Internet or other similar network activity enforcement authorities e Professional or employment related information e managing risk and securing our systems o Inferences drawn from other personal help to ensure the safety and security of information Liberty staff assets and resources which o Risk data e may include physical and virtual access o Claims data controls and access rights management supervisory controls and other monitoring and reviews as permitted by law and e emergency and business continuity management Regulatory and Legal Requirements. This includes e Identifiers for example Personal Information e controls and access rights management e Protected Classification Characteristics e to evaluate or conduct a merger divestiture e Commercial Information restructuring reorganization dissolution or o Internet or other similar network activity other sale or transfer of some or all of o Professional or employment related information o Liberty s assets whether as a going concern e Inferences drawn from other personal or as part of bankruptcy liquidation or similar information proceeding in which personal data held by o Risk data Liberty is among the assets transferred o Claims data e exercising and defending our legal rights and positions e to meet Liberty contract obligations o to respond to law enforcement requests and as required by applicable law court order or governmental regulations e as otherwise permitted by law. Characteristics information Risk data Claims data Characteristics information Risk data Claims data Characteristics information Risk data Claims data 2020 Liberty Mutual Insurance SNI 04 01 12 20 Page 3 of 5 | 2 |
000528 2 o Improve Your Customer Experience and Our o Identifiers Products. This includes for example Personal Information improve your customer experience our o Commercial Information products and service e Internet or other similar network activity e to provide support personalize and develop o Professional or employment related information our website products and services o Inferences drawn from other personal e create and offer new products and services information e Risk data o Claims data Analytics to identify understand and manage our e Identifiers risks and products. This includes for example Personal Information e conducting analytics to better identify e Protected Classification Characteristics understand and manage risk and our o Commercial Information products e Internet or other similar network activity o Professional or employment related information e Inferences drawn from other personal information e Risk data o Claims data Customer service and technical support. This o Identifiers includes for example o Personal Information e answer questions and provide notifications o Commercial Information e provide customer and technical support o Internet or other similar network activity o Professional or employment related information o Inferences drawn from other personal informa tion e Risk data e Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates Service Providers Insurance support organizations Brokers and agents enforcement agencies courts arbitrational Government entities and institutions e.g. regulatory quasi regulatory bodies and fraud prevention agencies tax or other authorities law Professional advisors including law firms accountants auditors and tax advisors. Advertising networks data analytics providers and social networks. Insurers re insurers policy holders and claimants and As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Protected Classification Characteristics Internet or other similar network activity Inferences drawn from other personal information Personal Data Commercial Information Claims Data Risk Data Professional employment and education information Characteristics e conducting analytics to better identify understand and manage risk and our products 2 2020 Liberty Mutual Insurance Page 4 of 5 SNI 04 01 12 20 | 2 |
For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. What acy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. For more information on your rights please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Liberty Mutual Insurance Company Attn Privacy Office 175 Berkeley St 6th Floor Boston MA 02116 2020 Liberty Mutual Insurance SNI 04 01 12 20 Page 5 of 5 | 2 |
Libe Mut gi. INSURANCE Coverage Is Provided In Policy Number The Ohio Casualty Insurance Company USO 22 63119118 Commercial Umbrella Commercial Umbrella Policy Declarations Basis Occurrence 000528 ITEM 1 NAMED INSURED MAILING ADDRESS AGENT MAILING ADDRESS PHONE NO. WIEKHORST PROPERTIES INC 3802 S 70TH ST OMAHA NE 68106 Named Insured Is CORPORATION Named Insured Business Is LESSORS RISK ITEM 2 POLICY PERIOD 844 575 1283 LOCKTON COMPANIES LLC 13710 FNB PKWY STE 400 OMAHA NE 68154 5298 From 07072021 TO 07072022 1201 AM Standard Time at Insured Mailing Location 2 ITEM 3 PREMIUM CHARGES Explanation of DESCRIPTION PREMIUM Charges. Commercial Umbrella 2323 00 Certified Acts of Terrorism Coverage 23. 00 Included Total Advance Charges 2323.00 Note This is not a bill BASIS OF PREMIUM NON AUDITABLE X AUDITABLE IN THE EVENT OF CANCELLATION BY THE NAMED INSURED THE COMPANY WILL RECEIVE AND RETAIN NO LESS THAN 0 OF THE POLICY PREMIUM AS THE MINIMUM RETAINED PREMIUM PLUS CERTIFIED ACTS OF TERRORISM COVERAGE AND ANY APPLICABLE TAXES AND SURCHARGES. ITEM 4 LIMITS OF INSURANCE DESCRIPTION LMt EACH OCCURRENCE 5000000 AGGREGATE WHERE APPLICABLE 5000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE 5000000 SELF INSURED RETENTION 10000 Authorized Representative Issue Date 042921 e To report a claim call your Agent or 1 844 325 2467 DS 70 22 01 08 042921 63119118 N0270605 290 ACXFPPNO INSURED COPY 000528 PAGE 13 OF 66 N0270605 290 ACXFPPNO INSURED COPY nan nan nan nan 528.0 PAGE 13 OF 66 | 2 |
Libe Mut gi. INSURANCE Coverage Is Provided In Policy Number The Ohio Casualty Insurance Company USO 22 63119118 ITEM 5 SCHEDULE OF UNDERLYING INSURANCE CARRIER POLICY NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE OHIO SECURITY INSURANCE COMPANY BKS2256771811 07072021 07072022 GENERAL LIABILITY 1000000 EACH OCCURRENCE LIMIT 1000000 PERSONAL AND ADVERTISING INJURY LIMIT 2000000 GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT BKS2256771811 07072021 07072022 To report a claim call your Agent or 1 844 325 2467 DS 70 23 01 08 0429721 63119118 N0270605 290 ACXFPPNO INSURED COPY 000528 PAGE 14 OF 66 N0270605 290 ACXFPPNO INSURED COPY nan nan nan nan 528.0 PAGE 14 OF 66 | 2 |
Libe Mut gi. INSURANCE Coverage Is Provided In Policy Number The Ohio Casualty Insurance Company USO 22 63119118 000528 POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CNI90 11 07 18 Reporting A Commercial Claim 24 Hours A Day CU 60 02 06 97 Commercial Umbrella Coverage Form CU 6039 01 15 Cap On Losses From Certified Acts Of Terrorism CU 6040 01 15 Underlying Coverage Requirement For Certified Acts Of Terrorism CU 610701 13 Automobile Liability Exclusion CU 61 14 06 97 Employers Liability Exclusion CU 6170 12 17 Nebraska Changes Cancellation and Nonrenewal CU 63 44 06 97 Foreign Liability Following Form CU 63 80 12 04 Fungi or Bacteria Exclusion CU 64 79 05 09 Exclusion Recording and Distribution of Material or Information in Violation of the Law CU 64 82 10 17 Amendment Electronic Data N CU 64 87 10 05 Economic or Trade Sanctions Condition Endorsement CU 649201 13 Mobile Equipment Following Form CU 64 95 12 07 Waiver Transfer Rights of Recovery Against Others CU 6508 01 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism 2 In witness whereof we have caused this policy to be signed by our authorized officers. Mark Touhey David Long Secretary President To report a claim call your Agent or 1 844 325 2467 DS 70 23 01 08 042921 63119118 N0270605 290 ACXFPPNO INSURED COPY 000528 PAGE 15 OF 66 N0270605 290 ACXFPPNO INSURED COPY nan nan nan nan 528.0 PAGE 15 OF 66 | 2 |
Libe Mut gi. INSURANCE Libe Mut gi. INSURANCE Coverage Is Provided In Policy Number The Ohio Casualty Insurance Company US0 22 63119118 POLICY FORMS AND ENDORSEMENTS continued This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CU 88 01 12 02 War Liability Exclusion CU 88 02 05 09 Non Cumulation of Liability Same Occurrence CU 88 03 12 07 Employment Related Practices Exclusion CU 88 31 05 09 Personal and Advertising Injury Following Form CU 883907 14 Amendment of Definition of Insured CU 88 41 02 10 Amendment of Pollution Exclusion CU 89 1901 13 Amendment of Watercraft Exclusion CU 8921 07 15 Amendment of Aircraft Exclusion CU 89 29 01 07 Conditional Exclusion Of Terrorism Involving Nuclear Biological Or Chemical Terrorism Relating To Disposition Of Federal Terrorism Risk Insurance Act CU 8940 05 16 isis Management Coverage CU 8945 10 14 Access or Disclosure Of Confidential Or Personal Information And Data Related Liability with Limited Bodily Injury Exception Exclusion CU 905210 17 Damage To Property Amendment To report a claim call your Agent or 1 844 325 2467 DS 70 23 01 08 0429721 63119118 N0270605 290 ACXFPPNO INSURED COPY 000528 PAGE 16 OF 66 N0270605 290 ACXFPPNO INSURED COPY nan nan nan nan 528.0 PAGE 16 OF 66 | 2 |
CU 60 02 06 97 COMMERCIAL UMBRELLA COVERAGE FORM 2 o There are provisions in this policy that restrict coverage. Read the entire policy carefully to deter mine rights duties and what is and is not cov ered. Throughout this policy the words you and your refer to the Named Insured as defined in Insuring Agreement V. DEFINITIONS. The words we us and our refer to the Company pro viding this insurance. The word Insured means any person or organization qualifying as such in INSURING I. COVERAGE We will pay on behalf of the Insure those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay by reason of liability imposed by law or assumed by the Insured under an insured contract because of bodily injury property damage personal injury or advertising injury that takes place during the Policy Pe riod and is caused by an occurrence hap pening anywhere. The amount we will pay for damages is limited as described below in the Insuring Agreement Section II. LIMITS OF IN SURANCE. Il. LIMITS OF INSURANCE A. The Limits of Insurance shown in ltem 4. of the Declarations and the rules below state the most we will pay regardless of the number of 1. Insureds 2. claims made or suits brought or 3. persons or organizations making claims or bringing suits. A Insuring Agreement V. DEFINITIONS. Words and phrases that appear in quotation marks have spe cial meaning and can be found in the DEFINITION Section or the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Dec larations we agree with you to provide coverage as follows INSURING AGREEMENTS B. The General Aggregate Limit is the most we will pay for all damages covered under the Insuring Agreement in Section I ex cept 1. damages included in the products completed operations hazard and 2. coverages included in the policies list ed in the Schedule of Underlying Insur ance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any bodily injury property damage personal injury or advertising injury subject to an aggregate limit in the un derlying insurance. The General Aggre gate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. C. The Products Completed Operations Ag gregate Limit is the most we will pay for all damages included in the products completed operations hazard. D. Subject to B. or C. in Section Il. LIMITS OF INSURANCE whichever applies the Each Occurrence Limit is the most we will pay for bodily injury property damage 2 CU 60 02 06 97 Page 1 of 15 | 0 |
personal injury or advertising injury covered under the Insuring Agreement in Section L because of all bodily injury property damage personal injury or advertising injury arising out of any one occurrence.. If the applicable Limits of Insurance of the policies listed in the Schedule of Under lying Insurance or of other insurance pro viding coverage to the Insured are re duced or exhausted by actual payment of one or more claims subject to the terms and conditions of this policy we will 1. in the event of reduction pay in excess of the reduced underlying Limits of In surance or 2. in the event of exhaustion continue in force as underlying insurance but for no broader coverage than is avail able under this policy.. The Limits of Insurance of this policy ap ply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the begin ning 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 pur poses of determining the Limits of Insur ance.. Retained Limit We will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the retained limit which is the great er of 1. the total amounts stated as the ap plicable limits of the underlying poli cies listed in the Schedule of Under lying Insurance and the applicable lim its of any other insurance providing coverage to the Insured during the Policy Period or 2. the amount stated in the Declarations as Self Insured Retention as a result of any one occurrence not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing cov erage to the Insured during the Poli cy Period and then up to an amount not exceeding the Each Occurrence Limit as stated in the Declarations. Once the Self Insured Retention has been exhausted by actual payment of claims in full by the Insured the Self Insured Retention will not be reapplied or again payable by the Insured for said Policy Period.. DEFENSE A. We will have the right and duty to investi gate any claim and defend any suit seeking damages covered by the terms and conditions of this policy when 1. the applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing coverage to the Insured have been exhausted by ac tual payment of claims for any oc currence to which this policy applies or 2. damages are sought for any occur rence which is covered by this policy but not covered by any underlying policies listed in the Schedule of Un derlying Insurance or any other insur ance providing coverage to the In sured. B. When we assume the defense of any claim or suit 1. We will investigate any claim and defend any suit against the In sured seeking damages on account of any occurrence covered by this poli cy. We have the right to investigate defend and settle the claim or suit as we deem expedient. 2. All expenses we incur in the investiga tion of any claim or defense of any suit are in addition to our Limits of Insurance. CU 60 02 06 97 Page 2 of 15 | 1 |
3. We will pay the following as expenses to the extent that they are not included in the coverage in the underlying poli cies listed in the Schedule of Under lying Insurance or in any other insur ance providing coverage to the In sured a. premiums on bonds to release at tachments which bond amounts will not exceed our Limits of In surance but we are not obligated to apply for or furnish any such bond b. premiums on appeal bonds which bond amounts will not ex ceed our policy limits required by law to appeal any claim or suit we defend but we are not obligated to apply for or furnish any such bond c. all costs taxed against the In sured in any claim or suit we defend d. pre judgment interest awarded against the Insured on that part of the judgment we pay that is within our applicable Limits of In surance. If we make an offer to pay the applicable Limits of Insur ance we will not pay any pre judgment interest based on the period of time after the offer e. all interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within our applicable Limit of Insurance f. the Insured s actual and reason able expenses incurred at our re quest. C. We will not investigate any claim or de fend any suit after our applicable Limits of Insurance have been exhausted by pay ment of judgments or settlements. D. In all other instances except Subsection A. in Section IIl. DEFENSE we will not be obligated to assume charge of the inves tigation settlement or defense of any claim or suit against the Insured. We will however have the right and will be given the opportunity to participate in the settlement defense and trial of any claim or suit relative to any occur rence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. IV. EXCLUSIONS This insurance does not apply to A. Bodily injury or property damage ex pected or intended from the standpoint of the Insured. This exclusion does not ap ply to bodily injury resulting from the use of reasonable force to protect persons or property.. Any obligation of the Insured under a Workers Compensation Unemployment Compensation or Disability Benefits Law or under any similar law regulation or ordinance.. Any obligation of the Insured under the Employee Retirement Income Security Act of 1974 or any amendments to that act or under any similar law regulation or ordi nance.. Any obligation of the Insured under a No Fault Uninsured Motorist or Underin sured Motorist law or under any similar law regulation or ordinance.. 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 con tract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 2 CU 60 02 06 97 Page 3 of 15 | 1 |
. Property damage to your product aris ing out of it or any part of it.. Property damage to your work arising out of it or any part of it and included in the products completed operations haz ard. 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.. Damages claimed for any loss cost or ex pense 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 with drawn 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.. Property damage to property owned by the Insured.. Personal injury or advertising injury 1. arising out of oral written televised videotaped or electronic publication of material if done by or at the direction of the Insured with knowledge of its falsity 2. arising out of oral written televised videotaped or electronic publication of material whose first publication took place before the beginning of the poli cy period 3. arising out of the willful violation of a penal statute or ordinance committed by or with consent of the Insured or 4. for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liabil ity for damages that the Insured would have in the absence of the contract or agreement. K. Advertising injury arising out of 1. breach of contract other than misap propriation of advertising ideas under an implied contract 2. the failure of goods products or ser vices to conform with advertised qual ity or performance 3. the wrong description of the price of goods products or services or 4. an offense committed by an Insured whose business is advertising broad casting publishing or telecasting. L. Any liability including but not limited to settlements judgments costs charges ex penses costs of investigations or the fees of attorneys experts or consultants aris ing out of or in any way related to 1. The actual alleged or threatened pres ence discharge dispersal seepage migration release or escape of pollu tants however caused. 2. Any request demand or order that any Insured or others test for monitor clean up remove contain treat de toxify neutralize or in any way re spond to or assess the effects of pol lutants. This includes demands direc tives complaints suits orders or re quests brought by any governmental entity or by any person or group of persons. 3. Steps taken or amounts incurred by a governmental unit or any other person or organization to test for monitor clean up remove contain treat de toxify or neutralize or assess the ef fects of pollutants. This exclusion will apply to any liability costs charges or expenses or any judg ments or settlements arising directly or indirectly out of pollution whether or not the pollution was sudden accidental grad ual intended expected unexpected pre ventable or not preventable. CU 60 02 06 97 Page 4 of 15 | 1 |
As used in this exclusion pollutants means any solid liquid gaseous or ther mal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste ma terial. Waste material includes materials which are intended to be or have been recycled reconditioned or reclaimed. M. Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolu tion. This exclusion applies only to liability assumed under a contract or agreement. N. Any liability including but not limited to settlements judgments costs charges ex penses costs of investigations or the fees of attorneys experts or consultants aris ing out of or related in any way either directly or indirectly to 1. asbestos asbestos products asbestos containing materials or products as bestos fibers or asbestos dust includ ing but not limited to manufacture mining use sale installation removal or distribution activities 2. exposure to testing for monitoring of cleaning up removing containing or treating of asbestos asbestos pro ducts asbestos containing materials or products asbestos fibers or asbestos dust or 3. any obligation to investigate settle or defend or indemnify any person against any claim or suit arising out of or related in any way either directly or indirectly to asbestos as bestos products asbestos containing materials or products asbestos fibers or asbestos dust. O. Bodily injury property damage per sonal injury or advertising injury aris ing out of any 1. refusal to employ or promote 2. termination of employment 3. coercion demotion evaluation reas signment discipline defamation ha rassment molestation humiliation discrimination or other employment re lated practices policies acts or omis sions or 4. consequential bodily injury proper ty damage personal injury or ad vertising injury as a result of O.1. through 0.3. This exclusion applies whether the In sured may be held liable as an employer or in any other capacity and to any obliga tion to share damages with or to repay someone else who must pay damages be cause of bodily injury property dam age personal injury or advertising in jury.. Bodily injury property damage per sonal injury or advertising injury ex cluded by the Nuclear Energy Liability Ex clusion attached to this Policy.. The following Items 1. through 4. except to the extent that such insurance is pro vided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy 1. Liability of any employee with respect to bodily injury property damage personal injury or advertising in jury to you or to another employee of the same employer injured in the course of such employment. 2. Bodily injury or property damage arising out of the ownership mainten ance operation use loading or un loading of any watercraft if such watercraft is owned or chartered with out crew by or on behalf of any In sured. This exclusion will not apply to watercraft while ashore on any prem ises owned by rented to or controlled by you. 3. Bodily injury or property damage arising out of the ownership mainten ance operation use loading or un loading of any aircraft if such aircraft is owned or hired without pilot or crew by or on behalf of any Insured. 2 CU 60 02 06 97 Page 5 of 15 | 1 |
Bodily injury to a. an employee of any Insured arising out of and in the course of i. employment by any In sured or ii. performing duties related to the conduct of any In sured s business or b. the spouse child parent brother or sister of that employee as a consequence of Paragraph 4.a. This exclusion applies a. whether any Insured may be liable as an employer or in any other capacity and b. to any obligation to share dam ages with or repay someone else who must pay damages because of the injury. V. DEFINITIONS A. Advertising injury means injury arising solely out of advertising activites of any Insured as a result of one or more of the following offenses during the policy pe riod 1. oral written televised videotaped or electronic publication of material that slanders or libels a person or organiza tion or disparages a person s or or ganization s goods products or ser vices oral written televised videotaped or electronic publication of material that violates a person s right of privacy misappropriation of advertising ideas or style of doing business infringement of copyright title or slo gan or mental injury mental anguish humili ation or shock if directly resulting from Items A.1. through A.4. B. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Auto does not include mo bile equipment. C. Bodily injury means physical injury sick ness or disease including death of a per son. Bodily injury also means mental injury mental anguish humiliation or shock if directly resulting from physical injury sickness or disease to that person. Claim means any demand for monetary damages upon an Insured resulting from a covered occurrence. E. Impaired property means tangible prop erty other than your product or your work that can not be used or is less use ful because 1. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dan gerous or 2. you have failed to fuffill the terms of a contract or agreement if such property can be restored to use by 1. the repair replacement adjustment or removal of your product or your work or 2. your fulfilling the terms of the contract or agreement. F. Insured means each of the following to the extent set forth 1. The Named Insured meaning a. Any person or organization listed in ltem 1. of the Declarations and any Company of which you own more than 50 as of the effective date of this policy. b. Any organization you newly ac quire or form other than a part nership joint venture or limited liability company and over which you maintain ownership or major ity interest will qualify to be a Named Insured. However CU 60 02 06 97 Page 6 of 15 | 1 |
1 coverage under this provi sion is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier 2 coverage does not apply to bodily injury property damage personal injury or advertising injury that occurred before you acquired or formed the organization and 3 coverage applies only if the organization is included un der the coverage provided by the policies listed in the Schedule of Underlying In surance and then for no broader coverage than s provided under such under lying policies.. If you are an individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner as of the effective date of this policy.. If you are a partnership or joint ven ture the partners or members and their spouses but only as respects the conduct of your business.. If you are a limited liability company the members or managers but only as respects the conduct of your business.. Any person or organization other than the Named Insured included as an ad ditional Insured by virtue of an in sured contract and to which coverage is provided by the underlying insur ance and for no broader coverage than is provided by the underlying insurance to such additional In sured.. Any of your partners executive offi cers directors or employees but only while acting within the scope of their duties. However the coverage granted by this Provision 6. does not apply to the own ership maintenance use loading or G. unloading of any autos aircraft or watercraft unless such coverage is in cluded under the policies listed in the Schedule of Underlying Insurance and for no broader coverage than is pro vided under such underlying policies. Employees include leased workers but not temporary workers. Leased workers are leased to you by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform related duties to the con duct of your business. Leased work ers are not temporary workers. Temporary workers are persons fur nished to you to substitute for perma nent employees on leave or to meet seasonal or short term workload condi tions. 7. Any person other than one of your employees or organization while act ing as your real estate manager. 8. Any person other than your partners executive officers directors stockhol ders or employees or organizations with respect to any auto owned by you loaned to you or hired by you or on your behalf and used with your per mission. However the coverage granted by this Provision 8. does not apply to any per son using an auto while working in a business that sells services repairs or parks autos unless you are in that business. 9. No person or organization is an In sured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. Insured contract means any oral or writ ten contract or agreement entered into by you and pertaining to your business 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 that the bodily in jury or property damage occurs subse quent to the execution of the contract or 2 CU 60 02 06 97 Page 7 of 15 | 1 |
6. a. air compressors pumps and gen erators including spraying weld ing building cleaning geophysi cal exploration lighting and well servicing equipment or b. cherry pickers and similar devices used to raise or lower workers vehicles not described in 1. 2. 3. or 4. above maintained primarily for pur poses other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently at tached equipment are not mobile equipment but will be considered autos a. equipment designed primarily for 1 snow removal 2 road maintenance but not construction or resurfacing or 3 street cleaning b. cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower work ers and c. air compressors pumps and gen erators including spraying weld ing building cleaning geophysi cal exploration lighting and well servicing equipment. J. Occurrence means 1. as respects bodily injury or prop erty damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. as respects personal injury an of fense arising out of the business of any Insured that results in personal injury. All damages that arise from the same or related injurious material or acts will be considered as arising out of one occurrence regardless of the agreement. Tort liability means a civil liability that would be imposed by law in the absence of any contract or agreement.. Loading or unloading means the han dling of property 1. after it is removed from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. while it is in or on an aircraft water craft or auto 3. while it is being moved from an air craft watercraft or auto to the place where it is finally delivered. However 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 fol lowing types of land vehicles including any attached machinery or equipment 1. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. vehicles maintained for use solely on or next to premises you own or rent 3. vehicles that travel on crawler treads 4. vehicles whether self propelled or not maintained primarily to provide mobil ity to permanently mounted a. power cranes shovels loaders diggers or drills or b. road construction or resurfacing equipment such as graders scrap ers or rollers 5. vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types CU 60 02 06 97 Page 8 of 15 | 1 |
b. work that has not yet been com pleted or abandoned. 2. Your work will be deemed complet ed at the earliest of the following times a. When all of the work called for in your contract has been complet ed. b. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. c. When that part of the work done at a job site has been put to its intended use by any person or or ganization other than another con tractor or subcontractor working on the same project. Work that may need service mainten ance correction repair or replacement but which is otherwise complete will be treated as completed. 3. This products completed operations hazard does not include bodily in jury or property damage arising out of a. the transportation of property un less the injury or damage arises out of a condition in or on a ve hicle created by the loading or unloading of it b. the existence of tools uninstalled equipment or abandoned or un used materials. M. Property damage means 1. physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. loss of use of tangible property that is not physically injured. All such loss will be deemed to occur at the time of the occurrence that caused it. N. Suit means a civil proceeding which seeks monetary damages because of bod ily injury property damage per K. frequency or repetition thereof the number and kind of media used and the number of claimants. as respects advertising injury an of fense committed in the course of ad vertising your goods products and ser vices that results in advertising in jury. All damages that arise from the same or related injurious material or acts will be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. Personal injury means injury other than bodily injury or advertising injury aris ing out of one or more of the following offenses during the policy period 1. false arrest detention or imprison ment 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 by or on behalf of its owner landlord or lessor oral written televised videotaped or electronic publication of material that slanders or libels a person or organiza tion or disparages a person s or or ganization s goods products or ser vices oral written televised videotaped or electronic publication of material that violates a person s right of privacy or mental injury mental anguish humili ation or shock if directly resulting from ltems K.1. through 5. Products completed operations haz ard means all bodily injury and property damage from an occur rence taking place away from prem ises you own or rent and arising out of your product or your work except a. products that are still in your physical possession or 2 CU 60 02 06 97 Page 9 of 15 | 1 |
Your product does not include vending machines or other property rented to or located for the use of others but not sold. Q. Your work means 1. work or operations performed by you or on your behalf and 2. materials parts or equipment fur nished in connection with such work or operations. Your work 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. VL. Conditions A. Appeals If the Insured or an Insured s under lying insurers do not appeal a judgment in excess of the retained limit we have the right to make such an appeal. If we elect to appeal our liability on such an award or judgment will not exceed our Limits of Insurance as stated in Iltem 4. of the Dec larations plus the cost and expense of such appeal. B. Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three years after the expira tion or termination of this policy. C. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any Insured or the bankruptcy insolvency or inability to pay of any of the Underlying Insurers will not relieve us from the payment of any claim or suit covered by this policy. Under no circum stances will such bankruptcy insolvency or inability to pay require us to drop down and replace the retained limit or assume any obligation with the retained limit. 0. P. sonal injury or advertising injury to which this insurance applies. Suit in cludes 1. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. Underlying insurance means the insur ance coverage provided under policies shown in the Schedule of Underlying In surance or any additional policies agreed to by us in writing. It includes any policies issued to replace those policies during the term of this insurance that provide 1. at least the same policy limits and 2. insurance for the same hazards except as to any modifications which are agreed to by us in writing. Your product means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a. you b. others trading under your name or c. a person or organization whose business or assets you have ac quired and 2. Containers other than vehicles materi als parts or equipment furnished in connection with such goods or pro ducts. Your product 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. CU 60 02 06 97 Page 10 of 15 | 1 |
D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect.. We may cancel this policy. If we cancel because of nonpayment of premium we must mail or deliver to you not less than ten 10 days advance written no tice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than thirty 30 days advance written notice stating when the can cellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1. of the Declarations will be sufficient to prove notice.. The policy period will end on the day and hour stated in the cancellation no tice. If we cancel final premium will be cal culated pro rata based on the time this policy was in force. Final premium will not be less than the Minimum Pre mium as shown in Item 3. of the Dec larations. If you cancel final premium wil be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the Minimum Pre mium as shown in Item 3. of the Dec larations.. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancella tion will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be suf ficient tender of any refund due you.. The first Named Insured in Item 1. of the Declarations will act on behalf of all other Insured s with respect to the giving and receiving of notice of can cellation and the receipt of any refund that may become payable under this policy. 8. Any of these provisions that conflict with a law that controls the cancella tion of the insurance in this policy is changed by this statement to comply with the law. E. Changes Notice to any agent or knowledge pos sessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy and that is signed by one of our authorized repre sentatives. F. Duties in The Event of An Occurrence Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an occur rence which may result in a claim or suit under this policy. To the ex tent possible notice will include a. how when and where the occur rence took place b. the names and addresses of any injured person and witnesses c. the nature and location of any in jury or damage arising out of the occurrence. 2. If a claim or suit against any In sured is reasonably likely to involve this policy you must notify us in writ ing as soon as practicable. 3. You and any other involved Insured must a. immediately send us copies of any demands notices summons es or legal papers received in con nection with the claim or suit b. authorize us to obtain records and other information 2 CU 60 02 06 97 Page 11 of 15 | 1 |
G. c. cooperate with us in the inves tigation settlement or defense of the claim or suit and d. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the Insured be cause of injury or damage to which this insurance may also ap ply. 4. The Insured s will not except at their own cost voluntarily make a pay ment assume any obligation or incur any expense other than for first aid without our consent. Inspection We have the right but are not obligated to inspect the premises and operations of any Insured at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and op erations of any Insured and the premi ums to be charged. We may give you re ports on the conditions we find. We may also recommend changes. While they may help reduce losses we do not undertake to perform the duty of any person or organi zation to provide for the health or safety of any employees or the public. We do not warrant that the premises or operations of any Insured are safe or healthful or that they comply with laws regulations codes or standards.. Legal Actions Against Us There will be no right of action against us under this insurance unless 1. you have complied with all the terms of this policy and 2. the amount you owe has been deter mined by settlement with our consent or by actual trial and final judgment This insurance does not give anyone the right to add us as a party in an action against you to determine your liability.. Maintenance of Underlying Insurance During the period of this policy you agree 1. to keep the policies listed in the Sched ule of Underlying Insurance in full force and effect 2. that any renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be more restrictive in coverage 3. that the Limits of Insurance of the poli cies listed in the Schedule of Under lying Insurance will be maintained ex cept for any reduction or exhaustion of aggregate limits by payment of claims or suits for occurrences covered by underlying insurance and 4. that the terms conditions and endorse ments of the policies listed in the Schedule of Underlying Insurance will not change during the period of this policy such as to increase the coverage afforded under this policy. If you fail to comply with these require ments we will only be liable to the same extent that we would have been had you fully complied with these requirements.. Other Insurance If other insurance applies to a loss that is also covered by this policy this policy will apply excess of the other insurance. Noth ing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. How ever this provision will not apply if the other insurance is specifically written to be excess of this policy.. Premium The first Named Insured designated in Item 1. of the Declarations will be respon sible for payment of all premiums when due. The premium for this policy will be com puted on the basis set forth in Item 3. of the Declarations. At the beginning of the policy period you must pay us the Ad vance Premium shown in Item 3. of the Declarations. When this policy expires or if it is can celed we will compute the earned pre mium for the time this policy was in force. If this policy is subject to audit adjust CU 60 02 06 97 Page 12 of 15 | 1 |
Expenses incurred in the exercise of rights of recovery will be apportioned between the interests including the Insured in the ratio of their respective recoveries as finally settled. N. Terms Conformed to Statute The terms of this Policy which are in con flict with the statutes of the state where this Policy is issued are amended to con form to such statutes. If we are prevented by law or statute from paying on behalf of an Insured then we will where permitted by law or statute indemnify the Insured for those sums in excess of the retained limit. O. Transfer of Your Rights And Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named In sured designated in Item 1. of the Declara tions and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. P. When Loss Is Payable Coverage under this policy will not apply unless and until any Insured or an In sured s underlying insurer is obligated to pay the retained limit. When the amount of loss has finally been determined we will promptly pay on be half of the Insured the amount of loss falling within the terms of this policy. You will promptly reimburse us for any amount within the Self Insured Retention advanced by us at our discretion on behalf of any Insured. ment the actual exposure basis will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we will retain the Minimum Pre mium as shown in ltem 3. of the Declara tions for each twelve months of our policy period.. Separation of Insureds Except with respect to our Limits of Insur ance and any rights or duties specifically assigned to the first Named Insured des ignated in Item 1. of the Declarations this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom claim is made or suit brought. Transfer of Rights of Recovery Against Others to Us If any Insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The Insured must do nothing after loss to impair those rights and must help us enforce them. Any recoveries will be applied as follows 1. any interests including the Insured that have paid an amount in excess of our payment under this policy will be reimbursed first 2. we then will be reimbursed up to the amount we have paid and 3. lastly any interests including the In sured over which our insurance is excess are entitled to claim the resi due. 2 CU 60 02 06 97 Page 13 of 15 | 1 |
NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to 1. Any liability injury or damage a. with respect to which any Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Associ ation Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy but for its termination upon exhaus tion of its Limits of Insurance or b. resulting from the hazardous properties of nuclear material and with respect to which a a person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b any Insured is or had this policy not been issued would be entitted to indemnity from the United States of America or any agency thereof under any agreement en tered into by the United States of America or any agency thereof with any person or organization. 2. Any injury or nuclear property damage re sulting from the hazardous properties of nuclear material if a. the nuclear material a is at any nu clear facility owned by or operated by or on behalf of any Insured or b has been discharged or dispersed therefrom b. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any Insured or c. the injury or nuclear property damage arises out of the furnishing by any In sured of services materials parts or equipment in connection with the plan ning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion 2.c. applies only to nuclear property damage to such nu clear facility and any property therein. 3. As used in this exclusion a. Hazardous properties includes radioac tive toxic or explosive properties. b. Nuclear facility means i. any nuclear reactor ii. any equipment or device designed or used for separating the isotopes of urani um or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging nuclear waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment or de vice is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination there of or more than 250 grams of uranium 235 iv. any structure basin excavation prem ises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all op erations considered on such site and all premises used for such operations. c. Nuclear material means source mate rial special nuclear material or by product material. d. Nuclear property damage includes all forms of radioactive contamination of property. CU 60 02 06 97 Page 14 of 15 | 1 |
. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable ma terial.. Nuclear waste means any nuclear waste material a containing by product mate rial other than the tailings of nuclear waste produced by the extraction or con centration of uranium or thorium from any ore processed primarily for its source ma terial content and b resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under Para graph 3.b.i. or 3.b. g. Source material special nuclear mate rial and by product material have the meanings given them in the Atomic En ergy Act of 1954 or in any law amendatory thereof. h. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. This endorsement does not change any other pro vision of the policy. 000528 waste produced by the extraction or con centration of uranium or thorium from any ore processed primarily for its source ma terial content and b resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under Para graph 3.b.i. or 3.b.ii. nuclear reactor. This endorsement does not change any other pro vision of the policy. In Witness Whereof we have caused this policy to be executed and attested but this policy will not be valid unless countersigned by one of our duly authorized representatives where required by law. 2 CU 60 02 06 97 Page 15 of 15 | 1 |
COMMERCIAL UMBRELLA CU 6039 01 15 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 UMBRELLA COVERAGE FORM If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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 policy. This endorsement does not change any other provision of the policy. 2015 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CU 6039 01 15 Page 1 of 1 | 2 |
000528 2 COMMERCIAL UMBRELLA CU 60 40 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE REQUIREMENT FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more certified acts of terrorism we will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the Insured during the Policy Period. If you fail to comply with this Underlying Coverage Requirement for Certified Acts of Terrorism and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this Requirement. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This exclusion does not apply to the extent that insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. 2 2015 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CU 60 40 01 15 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA CU 61070113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE PART 1. The following exclusion is added to Section IV. EXCLUSIONS This insurance does not apply to Any liability arising out of the ownership maintenance use or entrustment to others of any auto. 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 the Insured. 2. Paragraph B. of Section V. DEFINITIONS is replaced by the following B. Auto means an auto as it is defined in the applicable underlying insurance. This endorsement does not change any other provision of the policy. 2012Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. CU 610701 13 Page 1 of 1 | 2 |
CU 61 14 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS LIABILITY EXCLUSION 000528 Exclusion Q.4. is deleted from Section IV. EXCLU SIONS and the following exclusion is added to Section IV. EXCLUSIONS Bodily Injury to 1. An employee of an Insured arising out of and in the course of a. employment by any Insured or b. performing duties related to the conduct of any Insured 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 any 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 endorsement does not change any other pro vision of the policy. 2 CU 61 14 06 97 | 2 |
COMMERCIAL UMBRELLA CU 6170 1217 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM A. Paragraph following 2. of Condition D. Cancellation under Section VI Conditions is deleted and replaced by the D. Cancellation 2. Cancellation Of Policies In Effect a. 60 Days or Less If this Policy has been in effect for 60 days or less we may cancel this Policy for any reason. More Than 60 Days If this Policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this Policy only for one or more of the following reasons 1 Nonpayment of premium 2 The Policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this Policy 5 The risk originally accepted has substantially increased 6 Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the Policy could place us in violation of the Nebraska Insurance laws. If we cancel this Policy subject to 2.a. or 2.b. above we will mail to the first Named Insured awritten notice of cancellation stating the reasons for cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of premium or 2 60days before the effective date of cancellation if we cancel for any other reason. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the Policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for 1 Nonpayment of premium to a premium finance company or 2 Any reason other than nonpayment of premium notice of cancellation will be sent by registered mail certified mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or ap proved by the United States Postal Service. 2017 Liberty Mutual Insurance Company. Includes copyrighted material of Insurance Services Office Inc. with its permission. CU 61701217 Page 1 of 2 | 2 |
The following Condition is added to Section VI. Conditions and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this Policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this Policy. Any notice of nonrenewal will be mailed by registered mail certified mail first clas s mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. 2 2017 Liberty Mutual Insurance Company. Includes copyrighted material of Insurance Services Office Inc. with its permission. CU 61701217 Page 2 of 2 | 2 |
CU 63 44 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY FOLLOWING FORM The following exclusion is added to Section IV EXCLUSIONS Any bodily injury property damage personal injury or advertising injury which occurs outside the United States of America its territories and possessions Puerto Rico or Canada except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. CU 63 44 06 97 | 2 |
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