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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Policy Exclusions the following exclusion s added Policy Exclusions Care Control Or Custody 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. Authorized Representative Q S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Care Control Or Custody last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Policy Exclusions the following exclusion s added Policy Exclusions Foreclosure This insurance does not apply to any liability or loss cost or expense arising out of property you acquire by foreclosure repossession deed in lieu of foreclosure or as mortgagee in possession. All other terms and conditions remain unchanged. Authorized Representative o S f December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Foreclosure last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Financial Institution s Activities injury arising out of the following nsurance does not apply to bodily injury property damage advertising injury or personal injury arising out of the following A. advising inspecting reporting or making recommendations as an investment advisor financial advisor mortgage servicing agent economic advisor insurance company trust department or investment manager pursuant to a written contract. B. electronic data proces similar services. ing system analysis design programming or consulting or other C. processing or servicing of any loan lease or extension of credit including 1. the purchase sale participation in application for grant commitment restructure termination or transfer thereof or any failure to do any of the foregoing ion or foreclosure of collateral or 2. the reposs 3. the handling of advisory or credit reports. D. any obligation assumed by any insured or the failure to discharge or the improper discharge of any obligation or duty contractual or otherwise with respect to any 1. contract or treaty of insurance self insurance reinsurance or suretyship 2. annuity 3. endowment or 4. benefit plan including any applications endorsements amendments receipts or binders. Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Financial Institution Activities continued Endorsement Page 1 | 2 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Financial Institution Activities continued investigating defending or settling any claim under any contract of insurance self in reinsurance or suretyship. surance membership in or contribution to or management of any plan pool association insolvency rtan Fiamd e oy C R R R T investigating defending or settling any claim under any contract of insurance self insurance reinsurance or suretyship. membership in or contribution to or management of any plan pool association insolvency or guarantee fund or any similar fund organization or association whether voluntary or involuntary All other terms and conditions remain unchanged. Authorized Representative Q S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Financial Institution Activities last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property Laws Or Rights Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Adverti Injury Personal Injury the exclusions titled Intellectual Property Laws Or Rights is Under Policy Exclusions the following exclusion s added Policy Exclusions Intellectual Property Laws Or Rights This insurance does not apply to any actual or alleged liability or loss cost or expense arising out of giving rise to or in any way related to any actual or alleged assertion or infringement or violation by any person or organization including any insured or 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 infringementor violation. This exclusion applies unless such injury is caused by an offense described in the definition of advertisinginjury and Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Intellectual Property Laws Or Rights continued Endorsement Page 1 | 2 |
Policy Exclusions Intellectual Property. does not arise out of give rise to or in any way relate to any actual or alleged ass Laws Or Rights infringementor violation of any intellectual property law or right other than one continued described in the definition of advertisinginjury. 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. Definitions Under Definitions UmbrellaCoverage B the following definitions are deleted Umbrella Coverage B Advertisement Advertising Injury Intellectual Property Law Or Right Under Policy Definitions the following definitions are added Policy Definitions 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 e mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising Injury means injury other than bodily injury property damage or personal injury 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. Intellectual Property Law Or Right Intellectual property law or right means any 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 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Intellectual Property Laws Or Rights continued Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number January 1 2014 7980 63 15 Policy Definitions Intellectual Property Law Or Right continued other judicial or statutory law concerning piracy unfair competition or other similar practices. All other terms and conditions remain unchanged. Authorized Representative o 5 f December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Intellectual Property Laws Or Rights last page Endorsement Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Policy Exclusions the following exclusion s added Policy Exclusions Lead This insurance does not apply to any liability or loss cost or expense ari A B. ng out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of Lead or 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 Lead or 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 to 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 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 Q S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Lead last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Policy Exclusions the following exclusion s added Policy Exclusions Money And Securities insurance does not apply to any liability or loss cost or expense either direct or consequential arising out of loss injury to or destruction of money currency coin bullion precious metals of all kinds and in whatever form and articles made therefrom gems precious and semi precious stones certificates of stock bonds coupons and all other forms of securities bills of lading warehouse receipts checks drafts money orders stamps insurance policies and all other negotiable and non negotiable instruments or contracts representing money or other property real or personal or interests therein or other documents or records in any form in which the insured is interested or custody of which the insured has undertaken either gratuitously or otherwise or whether legally liable therefore or not. All other terms and conditions remain unchanged. Authorized Representative Q S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Money And Securities last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Policy Exclusions the following exclusion s added Policy Exclusions Professional Services nsurance does not apply to any liability or loss cost or expense arising out of the rendering or failing to render professional service or advice whether or not that service or advice is ordinary to the insured s profession regardless of whether a claim or suit is brought by a client or any other person or organization. All other terms and conditions remain unchanged. Authorized Representative Q S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Professional Services last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Exclusions Umbrella Coverage B Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Advertising Injury Personal Injury Personal Injury This insurance does not apply to personal injury. S T This insurance does not apply to personal injury. It is agreed that with respect to Coverages UmbrellaCoverage B all references in the policy to personal injury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Authorized Representative o S f December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Personal Injury last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following 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 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 as ing 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 S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Polution last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Exclusions Umbrella Coverage B Bodily Injury Property Damage Products Completed Operations Under Exclusions Umbrella Coverage B Bodily Injury Property Damage the following exclusion is added This insurance does not apply to bodily injury or property damage arising out of the products completed operations hazard. This insurance does not apply to bodil completed operations hazard. jury or property damage arising out of the products All other terms and conditions remain unchanged. Authorized Representative o S f December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Products Completed Operations last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Supplementary Payments is deleted in its entirety and replaced by the following 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 bon b. bonds requiredto 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 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. 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. Reference Copy Chubb Commercial Excess And Umbrella Insurance Supplementary Payments continued 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 judgment that is within the applicable Limit Of Insurance. B. 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 surance. 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 Q S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Supplementary Payments last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Policy Exclusions the following exclusion s added Policy Exclusions Securities And Trade Practices This insurance does not apply to any liability or loss cost or expense based on attributable to related to or in any manner arising or resulting directly or indirectly out of the filing issuance transfer purchase sale or distribution of securities or offers to purchase or sell securities including without limitation liability under the Securities Act of 1933 the Securities Exchange Act of 1934 the Trust Indenture Act of 1939 the Public Utility Holding Company Act of 1935 the Investment Company Act of 1940 the Investment Advisors Act of 1940 and the so called blue sky laws of the various states or other jurisdictions alleged violation of anti trust anti competitionor any other laws prohibiting monopolies activities in restraint of trade unfair methods of competition or deceptive acts and practices in trade and commerce including without limitation the Sherman Act the Clayton Act the Robinson Patman Act the Federal Trade Commission Act and the Hart Scott Rodino Antitrust Improvements Act or any State or Federal Business and Professionals code or Corporations code fraud or breach of fiduciary duty criminal prosecution fines penalties or sentence conditions patent or trademark infringement disclosure or other regulation of sales of and offers to sell real property any liability or alleged liability arising out of employee officer or director dishonesty or any liability of an employee officer or director of an insured to such insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Securities And Trade Practices continued Endorsement Page 1 | 2 |
POIO Exclusions Securities And Trade Practices continued No inference shall be made from this express otherwise cover such liabilities or lusion of liabilities that this Policy would milar liabilities. No inference shall be made from this express exclusion of liabilities that this Policy would otherwise cover such liabilities or similar liabilities. All other terms and conditions remain unchanged. Authorized Representative Q S 7 December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Securities And Trade Practices last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To JANUARY 012015 JANUARY 012014 Tc January 1 2014 7980 63 15 MAKINSON COWELL LTD Name of Company FEDERAL INSURANCE COMPANY Date Issued December 9 2013 Under Policy Exclusions the following exclusion s added Policy Exclusions Trust This insurance does not apply to any liability or loss cost or expense arising out of the ownership maintenance or use including all related operations of property in any trust guardianship or estate for which you are acting in fiduciary or representative capacity. All other terms and conditions remain unchanged. Authorized Representative Q o S December 9 2013 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Trust last page Endorsement Page 1 | 2 |
CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provides that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 reauthorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on your Policy Declarations and is also included in the total premium. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program including those which only cover fire losses If aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the 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. G144233 F Page 1 of 1 Ed. 0108 80BSG6.5E5v09560002008 | 2 |
CNA Commercial Umbrella Renewal Declaration POLICY NUMBER B 6045357995 COVERAGE PROVIDED BY CONTINENTAL CASUALTY COMPANY 151 N Franklin CHICAGO IL 60606 INSURED NAME AND ADDRESS New Concepts Management Company Inc 5707 EXCELSIOR BLVD MINNEAPOLIS MN 55416 AGENCY NAME AND ADDRESS CSS IAN H GRAHAM INS DIV OF AIS 15303 VENTURA BLVD 12TH FLOOR SHERMAN OAKS CA 91403 Phone Number 877724 2669 BRANCH NAME AND ADDRESS CHICAGO ILLINOIS BRANCH BRANCH ADMIN 40TH F 151 N FRANKLIN ST CHICAGO IL 60606 Phone Number 630719 3000 FROM POLICY PERIOD TO 10012018 10012019 AGENCY NUMBER 076059 BRANCH NUMBER 010 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Advance Premium FIat Charge a017 Minimum Premium 5404 Annual Total Advance Premium 404.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 4.00 Audit Period is Not Auditable 4.00 Page INSURED | 2 |
POLICY NUMBER B 6045357995 INSURED NAME AND ADDRESS New Concepts Management Company Inc 5707 EXCELSIOR BLVD MINNEAPOLIS MN 55416 POLICY LIMITS OF INSURANCE Each Incident 1 000000 Aggregate 1000000 RETAINED LIMIT Retained Limit 10000 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying LimitS of Policy Period Insurance Coverages Insurance Valley Forge Insurance Co. General Each Occurrence Limit 51000000 Liability General Aggregate Limit 2 000000 Applies per location 6021673052 Does nt apply per project Eff 10012018 to 10012019 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1 000000 Injury Liability Limit Valley Forge Insurance Co. Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1 000000 6021673052 Bodily Injury Liability Eff 10012018 to 10012019 Each Person Limit Each Accident Limit Property Damage Liability Each Accident Limit v Aggregate 1000000 nan nan nan nan 21673052.0 nan nan nan nan 21673052.0 Page INSURED | 2 |
POLICY NUMBER B 6045357995 INSURED NAME AND ADDRESS New Concepts Management Company Inc 5707 EXCELSIOR BLVD MINNEAPOLIS MN 55416 FORMS AND ENDORSEMENTS SCHEDULE Form Number CNAB0664XX CNAB0815XX G115922A G116393B G133136B G147178B G15057C G16543A G300435A G300912A G300982A G301134A IL0017 IL0245 112014 112014 061995 072005 072005 072006 062005 011991 062007 022010 072010 102010 111998 092008 Form Title Underlying Insurance Coverage Limitation Endt Access To Disclosure Of Confidential Or Pers Info Aircraft Limitation Contractual Liability Limitation Bridge Endorsement Financial Service Company As Insured Commercial Umbrella Plus Coverage Part UMB Prof Services Errors and Omissions Exclusion Special Events Exclusion Endorsement Pollution Exclusion Amendment Crisis Management Coverage Endorsement Key Employee Replacement Expense Coverage Endt Common Policy Conditions Minnesota Changes Cancellation and Nonrenewal PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G144233F 012008 Notice Offer of Terrorism Disclosure of Premium Countersignature Chairman of the Board P43770 B Ed. 1089 Page INSURED | 2 |
CNABOBEAXX Ed. 11 14 CNA UNDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is understood and agreed as follows SECTION I COVERAGES the paragraph entitled Exclusions is amended with the addition of the following exclusion This insurance does not apply to Underlying Insurance Coverage Limitation Notwithstanding anything to the contrary this policy does not provide broader coverage than that which is provided by any scheduled underlying insurance. In the event of any difference between a. exclusions restrictions limiting terms or conditions in this policy and b. exclusions restrictions limiting terms or conditions in the scheduled underlying insurance addressing the same general risk or hazard then the more restrictive provision shall apply. All other terms and conditions of the Policy remain unchanged. 060BS66.5E5v09560002008 CNAB0664XX Ed. 11 14 Page 1 of 1 Copyright CNAAll Rights Reserved. | 2 |
CNABOB15XX Ed. 11 14 CNA ACCESS TO OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is understood and agreed that under SECTION COVERAGES the subsection entitled Exclusions the exclusion entitled Electronic Data is deleted in its entirety and replaced with the following Access to or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of A. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or B. the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the insured or others arising out of that which is described in paragraph A. or B. above. However unless paragraph A. above applies this exclusion does not apply to liability for bodily injury to the extent such liability is covered by scheduled underlying insurance. All other terms and conditions of the Policy remain unchanged. CNAB80815XX Ed. 11 14 Page 1 of 1 Copyright CNAAll Rights Reserved. | 2 |
G115922 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that exclusion h. of SECTION COVERAGES is deleted and replaced by the following This insurance does not apply to h. Liability arising out of the ownership maintenance operation use or loading or unloading of any aircraft. However this exclusion does not apply if liability for aircraft is scheduled in this policy s Schedule of Underlying In surance for the full limits shown and then only for such liability for which coverage is afforded under the scheduled underlying insurance. 1606566585709560002005 G115922 A Ed. 0695 Page 1 of 1 | 2 |
G116393 8 Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The Contractual Liability exclusion paragraph 2.b. Exclusions Section 1 is deleted and replaced with the following This insurance does not apply to bodily injury property damage or personal and advertising injury for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless and then only to the extent that coverage is provided by scheduled underlying insurance. This exclusion does not apply to liability for ultimate net loss that the insured would have in the absence of the contract or agreement. G116393 B Ed. 0705 Page 1 of 1 | 2 |
G133136 B Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BRIDGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Any state amendatory endorsement which is listed in the Commercial Umbrella Plus Coverage Part Declarations will modify the Commercial Umbrella Plus Coverage Part even if the endorsement does not state that it will modify the Commercial Umbrella Coverage Part. For the purposes of this endorsement a state amendatory endorsement means any Insurance Services Office ISO state cancellation nonrenewal or amendatory endorsement which begins with an IL or CG prefix. When a state amendatory endorsement is attached to the Commercial Umbrella Plus Coverage Part the term claim as used in the state amendatory endorsement shall mean ultimate net loss as defined in the Commercial Umbrella Plus Coverage Part. 2606566.585v09560002008 G133136 B Ed. 0705 Page 1 of 1 | 2 |
G147178 8 Ed. 0706 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FINANCIAL SERVICE COMPANY AS INSURED This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions SECTION COVERAGES This insurance does not apply to bodily injury property damage personal and advertising injury arising out of A. The rendering of or the failure to render financial services by any insured to others. For the purpose of this endorsement financial services include but are not limited to 1. Planning administering or advising on a. Any 1 Investment 2 Pension 3 Annuity 4 Savings 5 Checking or 6 Individual retirement account plan fund or b. The issuance or withdrawal of any bond debenture stock or other securities c. The trading of securities commodities or currencies or d. Any acquisitions or mergers 2. Acting as a dividend disbursing agent exchange agent redemption or subscription agent warrant or scrip agent fiscal or paying agent tax withholding agent escrow agent clearing agent or electronic funds transfer agent 3. Lending or arranging for the lending of money including credit card debit card leasing or mortgage operations or activities or interbank transfers 4. Repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors 5. Checking or reporting of credit Maintaining of financial accounts or records Tax planning tax advising or the preparation of tax returns or 8. Selling or issuing travelers checks letters of credit certified checks bank checks or money orders. B. The rendering or failure to render insurance company services. For the purpose of this endorsement insurance company services include but are not limited to 1. Effecting or failing to effect or any obligations assumed under a contract of insurance reinsurance suretyship annuity or endowment 2. Obligations as a member of or contributor to any insolvency or guaranty fund or similar organizations or associations Investigating defending or settling any claim Auditing or maintenance of accounts or records of others 5. Providing safety engineering loss or risk control or inspection services 6. Investing lending or similar activities 7. Fiduciary trustee or similar activities. C. The ownership maintenance or use including all related operations of any property for which you are acting in a fiduciary or representative capacity. All other terms conditions and exclusions of this policy remain unchanged. G147178 B Ed. 0706 Page 1 of 1 | 2 |
G15057 C Ed. 0605 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured identified under SECTION Il WHO IS AN INSURED of this policy. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured those sums in excess of scheduled underlying insurance unscheduled underlying insurance or the retained limit that the insured becomes legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. a. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an incident anywhere in the world 2 The bodily injury or property damage occurs during the policy period and 3 With respect to bodily injury or property damage that continues changes or resumes so as to occur during more than one policy period both of the following conditions are met i Prior to the policy period no authorized insured knew that the bodily injury or property damage had occurred in whole or in part and ii During the policy period an authorized insured first knew that the bodily injury or property damage had occurred in whole or in part. For purposes of this Paragraph 1 a.3 only if bodily injury or property damage that occurs during this policy period does not continue change or resume after the G15057 C Ed. 0605 termination of this policy period and b no authorized insured first knows of this bodily injury or property damage until after the termination of this policy period then such first knowledge will be deemed to be during this policy period. b. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. c. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any authorized insured 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand claim or suit for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. d. This insurance applies to personal and advertising injury caused by an incident committed anywhere in the world during the policy period. If we are prevented by law statute or otherwise from paying on behalf of the insured then we will indemnify the insured for those sums that the insured is legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. Exclusions This Insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. This exclusion does not apply to Employers Liability claims for bodily injury covered by scheduled underlying insurance. b. Contractual Liability Bodily inj property damage or personal and advertising injury for which the insured is obligated to pay damages by reason of the Page 1 of 17 606566.55709560002008 | 0 |
G15057 C Ed. 0605 assumption of liability in a contract or agreement. This exclusion does not apply to liability for ultimate net loss That the insured would have in the absence of the contract or agreement or Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Personal and advertising injury Exclusions Personal and advertising injury G 6 9 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of the insured Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider However this exclusion does not apply to paragraphs 10. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 10 Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or 11 Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. d. Workers Compensation and Similar Laws Any obligation of the insured under a 1 Workers compensation 2 Disability benefits or 3 Unemployment compensation law or any similar law. e. Employers Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1 To liability assumed by the insured under an insured contract or 2 Only to the extent that coverage is provided by scheduled underlying insurance. G15057 C Ed. 0605 Page 2 of 17 | 1 |
G15057 C Ed. 0605 f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location b c e U g which is or was at any time owned or occupied by or rented or loaned to any insured At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or i 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. That are or that are contained in property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iiiBeing stored disposed of treated or processed in or upon the covered automobile Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Page 3 of 17 YB0BSE6.5E509560002008 G15057 C Ed. 0605 | 1 |
G15057 C Ed. 0605 3 Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. g. Watercraft Bodily injury or property damage arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 Awatercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge or 3 Liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. Aircraft The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft 1 Owned by an insured or 2 Chartered without crew by an insured or on an insured s behalf. G15057 C Ed. 0605 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. War Any liability arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured s That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Page 4 of 17 | 1 |
G15057 C Ed. 0605 Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage to your Product Property damage to your product arising out of it or any part of it. I. Damage to you Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. E.RIS.A. Liability for alleged or actual violations of the Employees Retirement Income Security Act of 1974 or any amendments or additions thereto. p. Directors and Officers Liability for a wrongful act error omission or breach of duty by an insured in the performance of the office of director or officer of an organization. G15057 C Ed. 0605 Uninsured Underinsured Motorist and Similar Laws Liability imposed on the insured under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Nonemployment Related Discrimination To any alleged or actual nonemployment related discrimination committed intentionally against a person. Asbestos 1 Bodily Injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a By reason of a claim or suit for any such injury or damage or b In complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Fungi and Microbes 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or microbes or 2 Any loss cost or expense arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. Silica 1 Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or Page 5 of 17 S606S66.5E5v09560002008 | 1 |
G15057 C Ed. 0605 aa. 2 Personal and advertising injury or property damage arising in whole or in part out of the actual alleged or threatened presence of silica. Named Insured vs. Named Insured Any liability arising out of claims or suits by a named insured against another named insured. Employment Related Practices Any liability arising out of 1 Arefusal to employ 2 Termination of employment 3 Demotion evaluation reassignment discipline 4 Coercion defamation discrimination harassment or humiliation or any other employment related practices policies acts or omissions. Terrorism Limitation Bodily injury or property damage arising out of any act of terrorism unless and then only to the extent that coverage is provided by scheduled underlying insurance. Liquor Liability Limitation Bodily injury or property damage for which an insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages unless and then only to the extent that coverage is provided by scheduled underlying insurance. Auto and Mobile Equipment Limitation Any liability arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of an automobile or mobile equipment owned or operated by or rented or loaned to an insured unless and then only to the extent that coverage is provided by scheduled underlying insurance. bb. To the extent that this insurance applies to an automobile or mobile equipment it is further subject to the pollution exclusion exclusion f. of this policy. Use includes operation or loading or unloading. Do Not Call Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. SECTION Il WHO IS AN INSURED Named Insured means any individual or organization stated in the Declarations of this policy and if you are designated in the Declarations of this policy as a. An individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations of this policy as an individual this policy shall not apply to liability arising out of your domestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile or to the Personal Umbrella Liability Coverage Part. A partnership or joint venture you and your members your partners and their spouses but only with respect to the conduct of your business. No person or organization is an insured 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. An organization other than a partnership or joint venture you and your executive officers and directors but only with respect to their duties as your officers or directors. Your stockholders are also named insureds but only with respect to their liability as stockholders. A limited liability company you and your members but only with respect to the conduct of your business. Your managers are also named insureds but only with respect to their duties as your managers. G15057 C Ed. 0605 Page 6 of 17 | 1 |
G15057 C Ed. 0605 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. A corporation or organization other than partnerships joint ventures or limited liability companies that you form acquire or gain control of during the policy period but only with respect to bodily injury property damage or personal and advertising injury taking place after you form acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers and directors if you are an organization other than a partnership joint venture or limited liability company or your members if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct or your business. However none of these employees or volunteer workers is an insured for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or c Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control or or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. A person or organization for whom you are required by virtue of a written contract entered into prior to the bodily injury property damage or personal and advertising injury occurring or being committed to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of insurance required by such contract not to exceed the limits of insurance in this policy. c. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance shown in the Declarations of this policy and then only for the same coverage except for limits of insurance afforded under such scheduled underlying insurance. However If a blanket additional insured endorsement is attached to the general liability scheduled underlying insurance pursuant to a written or oral contract or agreement between you and another person or organization called additional insured this insurance is excess over such insurance provided to the additional insured subject to the following conditions 1 If the limits specified in the written contract or agreement are less than the limits provided by the scheduled underlying insurance then no coverage is provided to the additional insured under this policy. If the limits specified in the written contract or agreement are greater than the limits provided by the scheduled underlying insurance then this insurance is excess over the insurance provided by the scheduled underlying insurance. The limits of insurance for the additional insured are the lesser of i The limits specified in the written contract or i The limits of the scheduled underlying insurance plus the limits of this policy. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits. 9606566.55709560002008 G15057 C Ed. 0605 Page 7 of 17 | 1 |
G15057 C Ed. 0605 d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this policy. 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. 3. Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies arising arising out of any one incident. 4. In the event of reduction or exhaustion of the aggregate limits of insurance under scheduled underlying insurance solely by reason of payments of a combination of covered a. Expenses b. Settlements or c. Judgments paid thereunder as a result of bodily injury property damage or personal and advertising injury taking place during this policy period this policy shall subject to this limit of insurance provision and to the remaining terms and provisions and conditions of this policy a. Apply in excess of such reduction of scheduled underlying insurance or b. Apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of insurance shown in the Declarations. 5. The limits of this policy shall apply separately to a. Each consecutive annual period and b. Remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less G15057 C Ed. 0605 than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying insurer shall neither relieve nor increase any of our obligations under this policy. In the event there is diminished recovery or no recovery available to you as a result of such financial impairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of insurance stated in the scheduled underlying insurance. Under no circumstances shall we be required to drop down and replace the limits of insurance or assume the obligations of a financially impaired insurer. 2. Duties of the Insured a. Inthe event of an incident which has not resulted in a claim or suit. Whenever you have information of an incident which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably obtained with respect to time place and circumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit You shall provide us with written notice as soon as practicable whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a Investigate b Defend c Pay on behalf of or d Indemnify you has ceased. Page 8 of 17 Page 8 of 17 | 1 |
G15057 C Ed. 0605 Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance This insurance is excess over and will not contribute with any other insurance available to the insured whether such other insurance is stated to be primary contributory excess contingent or otherwise. This condition does not apply to insurance purchased specifically to apply in excess of this insurance. 5. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown as the advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess subject to the minimum premium to the first Named Insured shown in the Declarations. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we request. 6. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each insured against whom claim is made or suit is G15057 C Ed. 0605 10. 1. brought. However the inclusion of more than one insured shall not operate to increase the limits of insurance. Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying insurance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of insurance in the scheduled underlying insurance provided that such reduction or exhaustion is solely the result of incidents taking place during this policy period and not before. If you fail to maintain scheduled underlying insurance this condition shall not invalidate this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the a. Scheduled underlying insurance b. Unscheduled underlying insurance or c. Retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will however pay the following costs and expenses a. All premium bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds c. Court fees d. Costs and expenses taxed against you by the appellate court and interest accruing after entry of a judgment against you and before we have 1 Paid Page 9 of 17 ent between us you and the T insurance Is staled 0 be primary ss contingent or otherwise. This ot apply to insurance purchased y in excess of this insurance. ute all premiums for this policy in th our rules and rates. is shown in the Declarations as flat for this policy is not subject to n is shown in the Declarations as L60BSE6.5E5v09560002008 Page 9 of 17 | 1 |
G15057 C Ed. 0605 2 Offered to pay or 3 Deposited in court the part of the judgment that is within the applicable limit of insurance. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. 12. Subrogation In the case of any payments by us under the coverages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other interests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid c. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned including you in the ratio of their respective recoveries as finally settled. 13. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settlement of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All named insureds are jointly and severally responsible for our reimbursement and agree to make such reimbursement within 30 days after we give you written notice or demand for payment. 14. Sole Agent The insured first named in the Declarations is authorized to act on behalf of all named insureds and other insureds with respect to a. The giving and receiving of notice of cancellation and b. Receiving return premium that may be payable under this policy. The insured first named in the Declarations is responsible for the payment of premiums but the other named Insureds jointly and severally agree to make G15057 C Ed. 0605 such payments in full if the insured first named fails to pay the amount due within 30 days after we give written notice or demand. 15. Trade Sanctions In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following a. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions b. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions c. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions d. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or e. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this policy a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this policy a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition Page 10 of 17 g Insurers terminate their liability to pay 1 the judgment by an offer to pay their shall demand that such limits be paid. If al is successful such amounts not to be paid shall be returned to such g insurer. of any payments by us under the his policy we shall be subrogated to all ery against any other party which you I will cooperate with you and all other unts recovered shall be apportioned in rder paid in excess of the payments under shall first be reimbursed up to the aid by those including you who made ents en to be reimbursed up to the amount nder shall be available to the interests of r whom this coverage is in excess and ntitled to claim such remainder. essary to the recovery of such amounts led between the interests concerned in the ratio of their respective recoveries Claims or Suit out are not obligated to pay any part or ount of the retained limit to effect 1 claim or suit. Upon notification of the ou shall promptly reimburse us for such ained limit that we had paid. All named ointly and severally responsible for our t and agree to make such t within 30 days after we give you or demand for payment. first named in the Declarations is act on behalf of all named insureds and Page 10 of 17 | 1 |
G15057 C Ed. 0605 a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Automobile means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 4. Aircraft means a vehicle designed to transport persons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 6. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertaining to your business including an G15057 C Ed. 0605 indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability to pay damages because of bodily injury or property damage to a third person or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or surveyor for an injury or damages arising out of 1 Preparing approving or failing to prepare or approve a Maps b Drawings c Opinions d Reports e Surveys f Change orders g Designs or Specifications or 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engineering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or automobile b. While it is in or on an aircraft watercraft or automobile or c. While it is being moved from an aircraft watercraft or automobile to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. Page 11 of 17 8606566.55v09560002008 | 1 |
G15057 C Ed. 0605 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles that travel on crawler treads Vehicles maintained for use solely on or next to premises you own or rent Vehicles whether maintained primarily permanently mounted self propelled or not to provide mobility to 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following type of permanently attached equipment are not mobile equipment but will be considered automobiles 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobiles or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a G15057 C Ed. 0605 10. 1. compulsory or financial responsibility law or other motor vehicle insurance law are considered automobiles Incident a. With respect to bodily injury and property damage incident means an occurrence. An occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury incident means an offense arising out of your business. Personal and Advertising Injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution or abuse of process Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Discrimination unless such insurance is prohibited by law Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringing upon another s copyright trade dress or slogan in your advertisement. Products completed operations hazard includes bodily injury and property damage occurring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. Your work will be deemed completed at the earliest of the following 1 When all work called for in the insured contract has been completed 2 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or Page 12 of 17 or next to or not obility to resurfacing equipment ers or rollers. b. c. or d. above that are maintained primarily permanently attached types mps and generators lding building cleaning on lighting and well r imilar devices used to a. b. c. or d. above urposes other than the r cargo. hicles with the following he d equipment are not will be considered rimarily for 11. Page 12 of 17 | 1 |
G15057 C Ed. 0605 3 When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a Service b Maintenance c Correction d Repair or e Replacement but which is otherwise complete will be treated as completed. c. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it or 2 The existence of a Tools b Uninstalled equipment or c Abandoned or unused materials. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 13. Suit means a civil proceeding in which damages because of a. Bodily injury b. Property damage or c. Personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained limit means the amount stated as such in the Declarations. The retained limit is retained and payable by the insured as respects all incidents not covered by scheduled underlying insurance or by unscheduled underlying insurance. 17. Scheduled underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 Final adjudication on the merits or 2 Through compromise settlement with our written consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and salvages. other than another contractor r working on the same project. need ce nt ise complete will be treated as not include bodily injury or arising out of tion of property unless the e arises out of a condition in or created by the loading or e of ed equipment or ed or unused materials. neans tangible property including all ise of that property. All such loss G15057 C Ed. 0605 Page 13 of 17 | 1 |
G15057 C Ed. 0605 b. Ultimate net loss does not include the following 1 Costs or expenses related to a Litigation b Settlement c Adjustment or d Appeals nor costs or expenses incident to the same which an underlying insurer has paid incurred or is obligated to pay to or on behalf of the insured 2 Pre judgment interest 3 Office costs and expenses and salaries and expenses of the employees of an insured 4 Our office costs and expenses and salaries of our employees or 5 General retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers bodily injury property damage or personal and advertising injury also covered by this policy but does not include insurers whose policies were purchased specifically to be in excess of this policy. It includes all insurers providing a. Unscheduled underlying insurance and b. Scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insurance policies available to an insured whether 1 Primary 2 Excess 3 Excess contingent or 4 Otherwise except the policies listed in the Schedule of Underlying Insurance. b. Unscheduled underlying insurance does not include insurance purchased specifically to be excess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. 22 Authorized Insured means any named insured or any employee authorized by a named insured to give or receive notice of a claim or suit. 23. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including G15057 C Ed. 0605 systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 24. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 25. Fungi or microbes means a. Any form of fungus yeast mold mildew or mushroom including mycotoxins spores scents byproducts or other substances produced or released by fungi and b. Any bacteria virus or any other non fungal single celled or colony form organism including any toxins scents byproducts or other substances it produces or releases whose injurious source is in or on a building or its contents. But fungi and microbes does not include fungi that were deliberately grown for human consumption microbes that were transmitted directly from person to person or microbes that caused food poisoning if your business is food processing sales or serving. 26. Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. 27. Asbestos means the mineral in any form whether or not the asbestos was at any time a. Airborne as a fiber particle or dust b. Contained in or formed a part of a product structure or other real or personal property c. Carried on clothing d. Inhaled or ingested or e. Transmitted by any other means. 28. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by underlying policies and the obligation of all underlying insurers either to a. Investigate and defend the insured or b. Pay the cost of such investigation and defense ceases solely through exhaustion of all underlying limits of insurance through payment of a combination Page 14 of 17 Py R A MR es and salaries and es of an insured enses and salaries of monitoring fees of nsured. insurer whose policy lamage or personal red by this policy but underlying insurance and derlying insurance. lerlying insurance underlying insurance means icies available to an insured ntingent or | 1 |
G15057 C Ed. 0605 of covered expenses settlements or judgments for bodily injury property damage or personal and advertising injury taking place during our policy period then we will either a. Assume the investigation and defense of the insured against suits seeking damages or b. If we elect not to assume the investigation and defense in 1.a. above we will reimburse the insured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 Office expenses of the insured 2 Salaries and expenses of employees and 3 General retainer fees of counsel retained by the insured. We will investigate and defend an insured or reimburse an insured for suits brought against an insured for a claim or suit that alleges damages because of bodily injury property damage or personal and advertising injury not covered under a. Scheduled underlying insurance and b. Unscheduled underlying insurance but which seeks damages because of bodily injury property damage or personal and advertising injut otherwise covered under this policy. Costs and expanses of such investigation and defense are not subject to the retained limit. We will investigate and defend an insured or reimburse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. Groundless b. False or c. Fraudulent but only until we make payment or offer to pay or deposit in court that part of judgments not exceeding our limit of insurance. We shall also have the sole right to make settiement of a suit as we deem expedient. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of insurance stated in the Declarations. In addition to our limits of insurance we will pay prejudgment interest awarded against an insured on that part of a judgment covered by this policy. We will G15057 C Ed. 0605 not pay prejudgment interest on that period of time after we offer to pay a. Our limit of insurance or b. That portion of our limit of insurance which equals the amount of a settlement demand when combined with the limits of underlying insurers. 8. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. Paid b. Offered to pay or c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. Paid b. Offered to pay c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to liability 250. a day because of time off from work. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that I. This policy does not apply A. Under Liability Coverage to bodily injury personal and advertising injury or property damage 1. With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by the a. Nuclear Energy Liability Insurance Association b. Mutual Atomic Energy Liability Underwriters or C. Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its Page 15 0of 17 wustce diild n consent. 3 es and retained by insured or against an s damages damage or ed under i odilv initrv feUIEAl IV SULIT Lists U TTIVESHgaUVit scribed in either 1. or 2. above even if NUCLEARE of a suit are It is agreed that I. This policy 0016566.55v09560002008 Page 15 0of 17 | 1 |
G15057 C Ed. 0605 termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law or amendment 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. Under any Supplementary Payments provision relating to first aid to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury personal and advertising injury or property damage resulting from the hazardous properties of nuclear material if 1. The nuclear material a. Is at any nuclear facility owned by or operated by or on behalf of an insured or b. Has been discharged or therefrom dispersed 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3. The bodily injury personal and advertising injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the Planning Construction a b.. Maintenance d. Operation or e. 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 C.3. applies only to property damage to such nuclear facility and any property threat. G15057 C Ed. 0605 As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means waste material 1. Containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. Resulting from the operation by any person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. Any nuclear reactor 2. Any equipment or device designed or used for a. Separating the isotopes of uranium or plutonium b. Processing or utilizing spent fuel or c. handling waste processing or packaging 3. 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 the insured at the premises where such equipment is located consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 250 grams of uranium 235 4. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Page 16 of 17 Page 16 of 17 | 1 |
G15057 C Ed. 0605 G. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. H. Property damage includes all forms of radioactive contamination of property. 1016566585709560002009 G15057 C Ed. 0605 Page 17 of 17 | 1 |
G16543 A Ed. 0191 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL SERVICES ERRORS AND OMISSIONS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY This insurance does not apply to any liability arising out of any act or omission or rendering of or failure to render professional services by you or any other person for whose acts you are legally responsible and arising out of the performance of professional services for others in your capacity as a an Counseling Services Financial Consulting Business Consulting Investment related Services G16543 A Ed. 0191 Page 1 of 1 | 2 |
G300435 A Ed. 0607 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL EVENTS EXCLUSION ENDORSEMENT COMMERCIAL UMBRELLA PLUS COVERAGE PART This insurance does not apply to the following 1. Bodily Injury to any person while practicing for or P al articipating in any sports or athletic contest or thletic exhibition or Bodily Injury property damage or personal al ind advertising injury arising out of The ownership maintenance operation use or entrustment to others of any 1 Mechanically devices operated amusement 2 Aircraft and similar devices including but not limited to balloons parasails parachutes hand gliders and ultralights or 3 Any trampoline or gymnastic rebounding device Animal related activities Any fireworks display Any inflatable amusement device including but not limited to moonwalks and slides Any concert but not limited to rock rz hop jam techno or punk whether cor or sponsored in whole or in part Auto motorcycle or boat races or even Biking events Bungee jumping Construction activities Demonstrations strikes protests or ral Eating or drinking contests Provision or arrangement of transp including any contract to furnish transp regardless of whether a Sponsored or organized in whols part by the insured or b Held on premises owned by the or on any other premises Rock climbing walls Traffic control road closures route lay planning or Watar ralatard antih it me Any concert but not limited to rock rap hip hop jam techno or punk whether conducted or sponsored in whole or in part Auto motorcycle or boat races or events Biking events Bungee jumping Construction activities Demonstrations strikes protests or rallies Eating or drinking contests Provision or arrangement of transportation including any contract to furnish transportation regardless of whether a Sponsored or organized in whole or in part by the insured or b Held on premises owned by the insured or on any other premises Rock climbing walls Traffic control road closures route lay out or planning or Water related activities 2016566.585v09560002008 G300435 A Ed. 0607 Page 1 of 1 | 2 |
G300912 A Ed. 0210 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Exclusion f. of SECTION COVERAGES is deleted in its entirety and is replaced by the following f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or ii 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. e That are or that are contained in property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iii Being stored disposed of treated or processed in or upon the covered automobile f Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the G300912 A Ed. 0210 g insured for movement into or onto the automobile or After the pollutants or property in wh pollutants are contained are moved fi covered automobile to the place whe are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to injury if sustained within a buildir caused by smoke fumes vapor produced by or originating from eqt that is used to heat cool or dehumi building or equipment that is used water for personal use by the bt occupants or their guests. Subparagraphs a and di do not bodily injury or property damage out of heat smoke or fumes from a fire. As used in this exclusion a hostile fire one which becomes uncontrollable or out from where it was intended to be. Subparagraph di does not apply to injury or property damage arising ou escape of fuels lubricants or other of fluids which are needed to perform the electrical hydraulic or mechanical fu necessary for operation of mobile equi or its parts if such fuels lubricants operating fluids escape from a vehic designed to hold store or receive then exception does not apply if the bodily or property damage arises out intentional discharge dispersal or rele the fuels lubricants or other operating or if such fuels lubricants or other of fluids are brought on or to the premis or location with the intent that tf discharged dispersed or released as the operations being performed by insured contractor or subcontractor. Subparagraph eiii does not apply t lubricants fluids exhaust gases ol similar pollutants that are needed Pag g insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered i Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or Page 10f 2 | 2 |
G300912 A Ed. 0210 result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. 2 Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 3 Any loss cost or expense arising out of any a Request demand or order that any insured or b others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms conditions and exclusions of this policy remain unchanged. 016566.585v09560002008 G300912 A Ed. 0210 Page 2 of 2 | 2 |
G300982 A Ed. 0710 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 250000 per policy period. Solely with respect to the Crisis Management Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. A. The following paragraph is added to SECTION I COVERAGES 1. Insuring Agreement e. When this policy applies to an incident that causes serious bodily injury or property damage we will reimburse you for eligible crisis management expense you incur and report to us within six months of the incident. B. The following changes are made to SECTION Il LIMITS OF INSURANCE 1. Paragraph 2. is deleted in its entirety and replaced with the following The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss and eligible crisis management expense to which this insurance applies. This Aggregate Limit applies separately to all ultimate net loss a. Included in the operations hazard b. To which and in the same manner an aggregate limit under scheduled underlying insurance other than ultimate net loss included in the products completed operations hazard and products completed c. To which no scheduled underlying insurance applies and includes any associated management expense. eligible crisis The Crisis Management Expense Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The following paragraph is added 6. Subject to 2. above the Crisis Management Expense Aggregate Limit stated in the Schedule is the most we will pay for the sum of all eligible crisis management expense to which this insurance applies. C. The following definitions are added to SECTION V DEFINITIONS 1. Serious bodily injury or property damage means injury to three or more people resulting in death permanent disfigurement or the permanent loss or impairment of a bodily function body part or organ. Serious bodily injury or property damage also means property damage to which this insurance applies. Eligible crisis management expense means reasonable and necessary expenses incurred by a crisis management firm that you hire to provide media management services for the purpose of maintaining and restoring public confidence in you. But eligible crisis management expense does not mean any of the following a. Salary wages or benefits of you your employees or your temporary workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you and e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this CRISIS MANAGEMENT COVERAGE ENDORSEMENT. All other terms conditions and exclusions of this policy remain unchanged. G300982 A Ed. 0710 Page 1 of 1 | 2 |
G301134 A Ed. 1010 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Limit of Insurance 100000 per Key Employee Key Employee Replacement Expense Coverage Aggregate Limit 100000 per policy period. Solely with respect to the Key Employment Replacement Expense Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. I. The following paragraphs are added to SECTION f. Any accident while the Key Employee was COVERAGES 1. Insuring Agreement driving while intoxicated impaired or other f. We will reimburse you for the actual and wise under the influence of alcohol or G301134 A necessary Key Employee Replacement Expense you incur due to your permanent loss of the g. Taking illegally obtained drugs. fovosso 3 Ky Enloee Catsod Dy 3 e o v youwoud o e covered accident and reported to us within six y months of the covered accident. a. Find a permanent replacement for the Key Insurance under this endorsement applies only if the Employee and covered accident occurs while your policy is in effect. b. Reduce or discontinue the Key Employee But the period of time for which we will pay expenses Replacement Expense covered under this endorsement will not be limited by the expiration of your policy. as soon as possible after your permanent loss of the services of the Key Employee caused by a Insurance under this endorsement does not apply to covered accident. 1. The death or permanent disability of a Key Insurance under this endorsement includes the Employee relating to or arising out of reasonable extra expense you incur to minimize i I the amount of Key Employee Replacement a. War and Miltary Action meaning Expense but only to the extent the amount of 1 War including undeclared or civil war Key Employee Replacement Expense otherwise 2 Warlike action by a miltary force payable under this endorsement is reduced. including action in hindering or defending 3. Any additional expenses incurred due to your loss against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in defending against any of these b. Nuclear reaction or radiation or radioactive contamination however caused c. Sickness or disease including metal illness or mental injury d. Pregnancy childbirth miscarriage or abortion e. Suicide attempted suicide or self inflicted bodily injury while sane or insane Ed. 1010 of the services of a permanent replacement employee appointed or hired to replace a Key Employee however caused. But this exclusion does not apply if the replacement employee is included in the definition as a Key Employee and your loss of the services of the replacement employee is caused by a covered accident. The amount of Key Employee Replacement Expense will be determined based on 1. Copyright 2010 CNA Financial Corporation The actual and necessary expenses covered under this endorsement which you incur to find to appoint or hire and to train a permanent replacement for the Key Employee and to continue the performance of the Key Employee s normal job responsibilities while a permanent replacement is being sought appointed or hired Page 10f 3 016566.585v09560002008 G301134 A Ed. 1010 Page 10f 3 | 2 |
G301134 A Ed. 1010 and trained. We will deduct from the total of such expenses 2. Necessary expenses Any expenses which would have been incurred by you for the Key Employee if you had not lost the services of the Key Employee and Any Key Employee Replacement Expense that is paid for by any other insurance. that reduce the Key Employee Replacement Expense that otherwise would have been incurred. Il. The following changes are made to SECTION lll LIMITS OF INSURANCE A. Paragraph 2. is deleted in its entirety and replaced with the following 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the operations hazard products completed b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The most we will pay for Key Employee Replacement Expense due to your loss of the services of any one Key Employee is the applicable Limit of Insurance shown in the Schedule for the Key Employee. The amount payable under this endorsement is not subject to the retained limit. The limit of insurance shown in the Schedule above as the Key Employee Replacement Expense Coverage Aggregate Limit is the most we will pay for the sum of all Key Employee Replacement Expense to which this insurance applies. This Key Employee Replacement Expense Coverage Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. B. Paragraph 3. is deleted in its entirety and replaced with the following G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss and all Key Employee Replacement Expense to which this insurance applies arising out of any one incident. Il The following definitions are added to SECTION V DEFINITIONS Key Employee Replacement Expense as used in this endorsement means the necessary expenses you incur that you would not have incurred if you had not lost the services of the Key Employee 1. To continue the performance of the Key Employee s normal job responsibilities with comparable quality while a permanent replacement for the Key Employee is being sought appointed or hired and trained. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending 60 days after the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To find a qualified permanent replacement to fill the Key Employee s position described in the Schedule meaning the normal and reasonable a. Costs of advertising the employment position opening b. Travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and c. Miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references the job applicants and legal expenses incurred to draw up employment contracts. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending on the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To appoint or hire and to train a permanent replacement for the Key Employee meaning the normal and reasonable Page 20f 3 Copyright 2010 CNA Financial Corporation Page 20f 3 | 2 |
G301134 A Ed. 1010 a. Expenses you incur to relocate the replacement employee to an area within a reasonable commute from the applicable employment location described in the Schedule b. First year amounts of the replacement employee s i Annual base starting salary ii Employee perquisite costs and Employee benefit costs in excess of the amounts which would have been incurred for the Key Employee if you had not lost the services of the Key Employee. But we will not pay more for these expenses than 10 of the amounts which would have been incurred for the Key Employee. c. First year costs of the replacement employee s training and education if the training and education is necessary for the replacement employee to perform the duties of the applicable position listed in the definition of Key Employee with the same quality of service as the Key Employee. Insurance under this endorsement for these expenses will apply only if the permanent replacement for the Key Employee is appointed or hired within 180 days after the date of your permanent loss of the services of the Key Employee caused by a covered accident. But Key Employee Replacement Expense does not mean any of the following a. Except as provided in paragraph 3.b above salary wages or benefits of you your employees your temporary workers or volunteer workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. All other terms conditions and exclusions of this policy remain unchanged. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. 5016566.585v09560002008 G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Page 30f 3 | 2 |
IL00 17 1198 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
IL 02 45 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. When this endorsement is attached to the Standard Property Policy CP 00 99 the term Coverage Part in this endorsement is replaced by the term Policy.. The following provisions apply except when Paragraph C. of this endorsement applies The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy subject to the provisions of Paragraph B.3. below by first class mailing or by delivery of a written notice of cancellation to the first Named Insured and any agent to their last mailing addresses known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 3. Policies In Effect a. Less Than 90 Days If this policy is a new policy and has been in effect for fewer than 90 days we may cancel for any reason by giving notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. b. 90 Days Or More 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 only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge in obtaining the policy or in pursuing a claim under the policy An act or omission by you that substantially increases or changes the risk insured Refusal by you to eliminate known conditions that increase the potential for loss after nofification by us that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract 4 5 016566.585v09560002008 IL 02 45 09 08 Copyright ISO Properties Inc. 2007 Page 1 0f3 | 2 |
6 Loss of reinsurance by us which provided coverage to us for a significant amount of the underlying risk insured. Any notice of cancellation pursuant to this item shall advise the policyholder that he or she has 10 days from the date of receipt of the notice to appeal the cancellation to the commissioner of commerce and that the commissioner will render a decision as to whether the cancellation is justified because of the loss of reinsurance within 30 business days after receipt of the appeal A determination by the commissioner that the continuation of the policy could place us in violation of the Minnesota insurance laws or Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. This provision for cancellation for failure to pay dues shall not be applicable to persons who are retired at 62 years of age or older or who are disabled according to social security standards. Under this Item B.3.b. we will give notice at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. The cancellation notice shall contain the information regarding the amount of premium due and the due date and shall state the effect of nonpayment by the due date. Cancellation shall not be effective if payment of the amount due is made prior to the effective date of cancellation or 60 days before the effective date if we cancel for a reason described in Paragraphs B.3.b.2 through 8 above. The notice of cancellation will state the reason for cancellation. 4. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 5. Proof of mailing of any notice shall be sufficient proof of notice. C. The following applies with respect to coverage provided under the following FARM COVERAGE PART 1. Policies In Effect 60 Days Or More a. If this Coverage Part covers buildings used for residential purposes and has been 1 In effect for at least 60 days or 2 Renewed by us Paragraphs A.2. and A.6. of the Cancellation Common Policy Condition do not apply and the following is added to the Cancellation Common Policy Condition b. We may not cancel this policy except for 1 Nonpayment of premium 2 Misrepresentation or fraud made by you or with your knowledge a In obtaining this policy or b In connection with a claim under this policy 3 An act or omission by you that materially increases the risk we originally accepted or 4 A physical change in the Covered Property which a Is not corrected or restored within a reasonable time after it occurs and b Results in the property becoming uninsurable. c. We may cancel this policy by giving the first Named Insured written notice of cancellation at least 1 20 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for a reason described in Paragraphs C.1.b.2 through. Such notice will be mailed or delivered to the first Named Insured and will contain the reason for cancellation. Proof of mailing of any notice shall be sufficient proof of notice. Page 2 of 3 Copyright ISO Properties Inc. 2007 IL 02 45 09 08 | 2 |
2. Policies In Effect Less Than 60 Days When this Coverage Part covers buildings used for residential purposes and is a new policy which has been in effect fewer than 60 days cancellation is subject to the terms of the Cancellation Common Policy Condition except for Paragraphs A.2. and A.6. and is not subject to Paragraph B. or Paragraph C.1. of this endorsement. Under this Item C.2. Paragraphs A2. and A6. of the Cancellation Common Policy Condition are replaced by the following We may cancel this policy by giving the first Named Insured written notice of cancellation at least 20 days before the effective date of cancellation. Such notice will be mailed or delivered to the first Named Insured. Proof of mailing of any notice shall be sufficient proof of notice. If we cancel this policy for underwriting considerations we will inform you of the source from which the information was received. D. The following is added and supersedes any provisions to the contrary NONRENEWAL If we decide not to renew this policy we may do so by giving the first Named Insured and any agent written notice of our intent not to renew at least 60 days before the expiration date of this policy. Such notice will be delivered or mailed by first class mail to their last mailing addresses known to us. Proof of mailing of any notice shall be sufficient proof of notice. We need not mail or deliver this notice if you have 1. Insured elsewhere 2. Accepted replacement coverage or 3. Agreed not to renew this policy. 8016566.585v09560002008 IL 02 45 09 08 Copyright ISO Properties Inc. 2007 Page 3 of 3 | 2 |
333 S Wabash Chicago lllinois 60604 CNA Policy Number From Policy Period To Coverage Is Provided By Agency B6045357995 100118 100119 Continental Casualty Company 076059010 Named Insured And Address Agent New Concepts Management Company Inc CSS IAN H GRAHAM INS DIV OF AIS 5707 EXCELSIOR BLVD 15303 VENTURA BLVD 12TH FLOOR MINNEAPOLIS MN 55416 SHERMAN OAKS CA 91403 PAYMENT PLAN SCHEDULE THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA. THE PREMIUM AMOUNT FOR THIS TRANSACTION 1s 404.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. ISSUE DATE 081718 | 2 |
0416566.585v09560002008 END OF COPY | 2 |
CNA nt Excess I CNA Param Insured Name FORESIDE FINANCIAL GROUP LLC 3 CANAL PLZ STE 100 PORTLAND ME 04101 6423 Policy Number CUE 6083096796 Policy Period 06302020 to 06302021 mbrella Liability Producer Information LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Producer Processing Code 310 060692 CNA Branch KANSAS CITY 7400 College Blvd Suite 650 Overland Park KS 66210 Thank you for choosing CNA With your CNA Paramount Excess and Umbrella Liability policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Phone Number 866 909 5343 Mailing Address Middle Market CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Crisis Management Expenses e Crisis Management Limit is first dollar in addition to the policy limit and is available for all covered expenses with no sublimit for Public Relations expense The following are suggested Crisis Management firms Website www.ogilvypr.com Contact Mike Sacks httplevick.com Levick Megan Gabriel mgabriellevick.com Michael Rubin mrubin2levick.com httpfleishmanhillard.com Fleishman Hillard Marianna Deal marianna.dealfleishman.com ken.fieldsfleishman.com Ken Fields Ogilvy Public Relations michael.sacksogilvy.com Phone 312 397 6094 Phone 202 973 5308 Phone 202 808 3507 Phone 314 982 9112 Phone 314 982 0556 Insured Name FORESIDE FINANCIAL GROUP LLC 3 CANAL PLZ STE 100 PORTLAND ME 04101 6423 Policy Number CUE 6083096796 Policy Period 06302020 to 06302021 website www.ogilvypr.com httplevick.com Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Table of Contents I TABLE OF CONTEN TABLE OF CONTENTS POLICYHOLDER NOTICE POLICY DECLARATIONS POLICY SCHEDULE POLICY POLICY ENDORSEMENT Page Number 2 Table of Contents Policy No CUE 6083096796 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I NOTICE OFFER OF TERRORISM COVERAGE CLOSURE OF PREMI IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. 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. Form No CNA75532XX 01 2015 Policy No CUE 6083096796 Policyholder Notice Page 1 of 2 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 3 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. CNA Paramount Excess and Umbrella Liability Policyholder Notice Form No CNA75532XX 01 2015 Policy No CUE 6083096796 Policyholder Notice Page 2 of 2 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 4 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICE CNA Commercial Insurance CNA Plaza 385 420 Chicago IL 60685 0001 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. Form No CNA76614XX 03 2015 Policy No CUE 6083096796 Policyholder Notice Page 1 of 1 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 5 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights duties and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains exclusions relating to asbestos and silica. As stated in the exclusions the policy does not provide any coverage for liability arising out of the presence of or exposure to asbestos or silica. Form No CNA76626XX 07 2016 Policy No CUE 6083096796 Policyholder Notice Page 1 of 1 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations I POLICY DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address FORESIDE FINANCIAL GROUP LLC 3 CANAL PLZ STE 100 PORTLAND ME 04101 6423. Policy Information. Producer Information Policy Number 6083096796 Producer Renewal of 6083096796 LOCKTON COMPANIES LLC 444 W 47TH ST Insurer s Name and Address STE 900 The Continental Insurance Company KANSAS CITY MO 64112 151 N Franklin St Chicago IL 60606. Policy Period 06302020 to 06302021 at 1201 a.m. Standard Time at your mailing address.. Limits of Insurance Producer Code 310 060692 Each Incident Limit 5000000 Aggregate Limit 5000000 Aggregate Products Completed Operations Hazard Limit 5000000 Policy Aggregate Limit Crisis Management Expenses Aggregate Limit 300000 Key Employee Replacement Expenses Aggregate Limit 100000. Self Insured Retention Self Insured Retention eEiiieu Hioviod. FORESIDE FINANCIAL GROUP LLC nan nan nan nan 423.0 A 096796 ddress ance Company NIES LLC 64112 0 060692 TR M R T AmeR e Form No CNA75501XX 03 2015 Policy No CUE 6083096796 Policy Declarations Page 1 of 4 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 7 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations l Schedule of Underlyi surance Underlying Insurer Policy Number Policy Period Note Underlying Insurance Continental Insurance General Liability Company 6083096751 06302020 to 06302021 Coverages Each Occurrence Limit General Aggregate Limit Per Location yes Per Proiect no Limits of Insurance 1000000 2000000 Underlying Insurance Coverages General Liability Each Occurrence Limit Limits of Insurance 1000000 General Aggregate Limit Per Location yes Per Project no Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Limit 2000000 2000000 1000000 2000000 Auto Liability Combined Single Limit 1000000 Valley Forge Insurance Company 6083096801 06302020 to 06302021 National Fire Insurance Company of Hartford 6083096779 06302020 to 06302021 Employers Liability Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 Form No CNA75501XX 03 2015 Policy No CUE 6083096796 Policy Declarations Page 2 of 4 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 8 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA Underlying Insurer Policy Number Policy Period Note Underlying Insurance Valley Forge Insurance Employers Liability Company 6083096782 06302020 to 06302021 CNA Paramount Excess and Umbrella Liability Coverages Bodily Injury by Accident Each Accident Limit Bodily Injury by Disease Policy Limit Bodily Injury by Disease Each Empblovee Limit Policy Declarations Limits of Insurance 1000000 1000000 1.000.000 Underlying Insurance Employers Liability Coverages Bodily Injury by Accident Each Accident Limit Bodily Injury by Disease Policy Limit Bodily Injury by Disease Each Employee Limit Limits of Inst 1000000 1000000 1000000 Limits of Insurance Employee Benefits Each Employee Limit Liability Aggregate Limit Continental Insurance Company 6083096751 06302020 to 06302021 1000000 2000000 Stop Gap Liability Continental Insurance Company 6083096751 06302020 to 06302021 Company Bodily Injury by Accident Each 6083096751 Accident Limit 1000000 06302020 to Bodily Injury by Disease Policy 06302021 Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000. Forms Endorsements Attached to this Policy See SCHEDULE OF FORMS AND ENDORSEMENTS Form No CNA75501XX 03 2015 Policy No CUE 6083096796 Policy Declarations Page 3 of 4 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations Minimum Earned Premium 0 of the Total Premium 3283.00 33 Total Premium Premium includes the following amount for Certified Acts of Terrorism Coverage Notice to insurer Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 800 446 8632 HPReportsCNA.com Fax Email Address Form No CNA75501XX 03 2015 Policy No CUE 6083096796 Policy Declarations Page 4 of 4 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 10 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Schedule I Endorsement Form Name Form Number Form Edi Number PEI 1 CANCELLATION AND NON RENEWAL ENDORSEMENT CNA62814ME 09 2012 MAINE 2 CHANGES NOTICE OF CANCELLATION ENDORSEMENT CNA75525XX 03 2015 3 UNDERLYING INSURANCE COVERAGE LIMITATION CNA76492XX 03 2015 ENDORSEMENT 4 STATE AMENDATORY ENDORSEMENT MAINE CNA76603ME 03 2015 5 ADDITIONAL INSURED ENDORSEMENT CNAB87134XX 10 2016 6 AMENDMENT TO NAMED INSURED CNAB88301XX 08 2017 PARAMOUNT EXCESS AND UMBRELLA LIABILITY CNA75504XX 03 2015 PoOLICY NOTICE OFFER OF TERRORISM COVERAGE CNA75532XX 01 2015 DISCLOSURE OF PREMIUM POLICY DECLARATIONS CNA75501XX 03 2015 PAYMENT PLAN SCHEDULE CNA84401XX 12 2015 POLICY LIMITATION DISCLOSURE NOTICE CNA76626XX 07 2016 POLICYHOLDER NOTICE OFAC REQUIREMENTS CNA76614XX 03 2015 Form No CNAG2640XX 09 2012 Policy No CUE 6083096796 Policy Schedule Page 1 of 1 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 52 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Schedule I PAYMENT PLAN SCHEDULE PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS Effective Date Premium 06302020 3283.00 Total Cost 3283.00 Form No CNAB4401XX 12 2015 Policy No CUE 6083096796 Policy Schedule Page 1 of 1 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 12 of 52 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy o Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium limits of insurance deductible retentions or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies 1. if the applicable underlying insurance is on an occurrence basis then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage takes place during this policy period and 2. if the applicable underlying insurance is on a claims made basis then only if a. that which must take place in the underlying insurance in order to trigger coverage takes place after the retroactive date and prior to the end of the policy period and b. the claim is first made during the policy period. B. Coverage B Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount 1. that an Insured becomes legally obligated to pay because of bodily injury property damage or personal and advertising injury or 2. because of liability for bodily injury or property damage assumed under an insured contract provided the bodily injury or property damage occurs subsequent to the execution of such insured contract and provided that a. the bodily injury or property damage occurs during the policy period b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 1 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 13 of 52 Copyright CNA All Rights Reserved. | 0 |
CNA CNA Paramount Excess and Umbrella Liability c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory Provided however that Coverage B Umbrella Liability i. does not apply to a any part of damages to which underlying insurance applies or b any part of damages to which underlying insurance would have applied regardless of 1 the availability of underlying insurance or 2 the exhaustion of the applicable underlying limits c any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period no authorized insured a knew that such bodily injury or property damage had occurred in whole or in part. If any authorized insured knew prior to the policy period that any such bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period or b knew that any offense giving rise to personal and advertising injury had occurred in whole or in part. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know 1. that such bodily injury or property damage occurred at the earliest time when such authorized insured a. reports the bodily injury or property damage to the Insurer or any other insurer b. receives a claim arising out of the bodily injury or property damage or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur 2. that such offense giving rise to personal and advertising injury occurred on the date of the first utterance or dissemination or if there is no utterance or dissemination then on the first date of the activity giving rise to a claim. Coverage C Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period provided 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 2 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 14 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable and 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable 3. such loss of service is caused by a covered accident 4. the covered accident occurs during the policy period and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. Il. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit and the right to assume control of the investigation and settlement of any claim against the Insured as follows 1. with respect to the Coverage A Excess Follow Form Liability upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B Umbrella Liability upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so the Insured will undertake such defense and investigation and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit investigate any claim or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further any obligation to defend any suit investigate any claim or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may at the Insurer s sole discretion and at the Insurer s own cost elect to participate in the investigation settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows 1 with respect to the Coverage A Excess Follow Form Liability defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B Umbrella Liability defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit the Insurer will do so even if the allegations of a claim are groundless false or fraudulent. If Insurer investigates a claim or defends a suit Insurer will Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 3 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 15 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer 1. makes payment of or 2. offers to pay or 3. deposits in court that part of a judgment up to but not exceeding the Insurer s applicable limits of insurance. E. No Insured shall admit liability consent to any judgment agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer s prior written consent such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or defense costs under this Policy. lll. EXCLUSIONS A. Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions With respect to both the Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability this Insurance does not apply to 1. Access to or Disclosure of Confidential or Personal Information and Data Related Liability any actual or alleged damages arising out of a. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However unless paragraph a. above applies this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual alleged or threatened exposure at any time to asbestos or b. any actual or alleged loss cost or expense that may be awarded or incurred i. by reason of a claim for any such injury or damage or ii. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged property damage to impaired property or property that has not been physically injured arising out of a. a defect deficiency inadequacy or dangerous condition in your product or your work or b. a delay or failure by the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 4 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 16 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability 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. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged a. violation of i. the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law ii. the CAN SPAM Act of 2003 including any amendment of or addition to such law the Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or iv. any statute ordinance regulation or law other than the TCPA CAN SPAM Act of 2003 or FCRA including FACTA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information or b. conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision electronic assets include but are not limited to minute allowances text message allowances and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advel a. a person arising out of any actual or alleged i. refusal to employ that person termination of that person s employment employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b the spouse child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i. or iii. above is directed. This exclusion applies a. whether the injury causing event described in paragraphs a. or iii. above occurs before employment during employment or after employment of that perso b. whether the Insured may be liable as an employer or in any other capacity and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 5 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 17 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged bodily injury property damage or personal and advertising injury a. with respect to which an Insured under this policy is also an insured under a nuclear 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 be an insured under any such policy but for its termination upon exhaustion of its limit of insurance b. resulting from the hazardous properties of nuclear material and with respect to which i. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii. 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 or c. resulting from hazardous properties of nuclear material if i. the nuclear material a is at any nuclear facility owned by or operated by or on behalf of an Insured or b has been discharged or dispersed therefrom ii. 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 an Insured or i the bodily injury property damage or personal and advertising injury arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion a property damage includes all forms of radioactive contamination of property b hazardous properties includes but is not limited to radioactive toxic or explosive properties c source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof d spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 6 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 18 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 10. 11. 12. 13. Recall of Products Work or Impaired Property any actual or alleged loss cost or expense incurred by the Named Insured or any person or entity for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Unfair Competition Antitrust Claims RICO Claims any actual or alleged liability arising out of any a. unfair competition dilution deceptive trade practices or civil actions for consumer fraud b. charges of price fixing monopolization or restraint of trade or c. any violation of i. the Federal Trade Commission Act the Sherman Act the Clayton Act or any federal statutory provision regarding anti trust monopoly price fixing price discrimination predatory pricing or restraint of trade the Racketeer Influenced and Corrupt Organizations Act iv. any rules or regulations promulgated under or in connection with the above statutes or v. any state federal or local statute or other law which similarly regulates business practices. Uninsured Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. War any actual or alleged liability arising directly or indirectly out of any war including undeclared or civil war b. warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Workers Compensation and Similar Laws Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured a. under a workers compensation disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A Excess Follow Form Liability Exclusions With respect to Coverage A Excess Follow Form Liability this Insurance does not apply to 1. Coverages Subject to a Sub Limit any actual or alleged liability loss cost or expense covered under any underlying insurance which is CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 7 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 19 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i. ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured except that this subparagraph does not apply to a bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or b bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii. ator from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible or iv. at or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations a If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor except that this subparagraph does not apply to bodily injury or property damage arising out of 1 the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or 2 heat smoke or fumes from a hostile fire or b 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 v. that are or that are contained in property that is a being transported or towed by or handled for movement into onto or from a covered auto b otherwise in the course of transit or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 8 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 20 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c being stored disposed of treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. any actual or alleged personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However if liability for damages because of property damage is not excluded by paragraph a. of this exclusion then neither will paragraph c. above serve to exclude such damages. C. Coverage B Umbrella Liability Exclusions With respect to the Coverage B Umbrella Liability this Insurance does not apply to 1. Aircraft Auto Watercraft or Mobile Equipment any actual or alleged bodily injury property damage personal and advertising injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. aircraft owned by any Insured or rented loaned or chartered by or on behalf of any Insured without crew or b. autos watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured. This exclusion does not apply to i. watercraft while ashore on premises the Named Insured owns or rents watercraft the Named Insured does not own that is a less than 55 feet long and b not being used to carry persons or property for a charge or Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 9 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 21 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy liability assumed under any insured contract for the ownership maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to a. property the Named Insured owns rents or occupies including any costs or expenses incurred by the Named Insured or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Named Insured personal property in the care custody or control of the Insured e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations if the property damage arises out of those operations or f. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by the Named Insured. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or b. the spouse child parent brother or sister of that employee as a consequence of a. above. Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 10 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 22 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies i. whether an Insured may be liable as an employer or in any other capacity and ii. to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission a. intended by an Insured or b. that 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 bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens b. any actual or alleged loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in i. the supervision hiring employment training or monitoring of others by that Insured or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 11 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 23 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. if the occurrence which caused the bodil providing or failing to provide transportation with respect to any person that may be under the influence of alcohol ury or property damage involved that which is described in paragraph a. b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury Breach of Contract arising out of breach of contract except an implied contract to use another s advertising idea in the Named Insured s advertisement. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret arising out of infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the Named Insured s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Named Insured s advertisement. Insureds in Media and Internet Type Businesses committed by an Insured whose business is i. advertising broadcasting publishing or telecasting ii. designing or determining content or web sites for others or an Internet search access content or service provider. However this exclusion does not apply to paragraph A. B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense act or omission would cause such personal and advel Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 12 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 24 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another s Name or Product arising out of unauthorized use of another s name or product in the Named Insured s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods products or services stated in the Named Insured s advertisement. 12. Pollution a any actual or alleged bodily injury property damage or personal and advertising injury arisingout of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. b. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that anyone test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 13. Silica a. any actual or alleged bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or b. any actual or alleged property damage arising in whole or in part out of the actual alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising in whole or in part out of the actual alleged or threatened i. exposure at any time to or presence at any time of ca. 14. Terrorism any actual or alleged bodily Injury property damage or personal and advertising injury arising out of any act of terrorism. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 13 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 25 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D Key Employee Exclusions With respect to Coverage D Key Employee this insurance does not apply to any actual or alleged 1. Death or Disability death or permanent disability of a key employee relating to or arising out of a. b. a0 nuclear reaction or radiation or radioactive contamination however caused sickness or disease including mental illness or mental injury pregnancy childbirth miscarriage or abortion suicide attempted suicide or self inflicted bodily injury while sane or insane the key employee s intoxication impairment or otherwise being under the influence of alcohol or controlled substances war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to i. find a permanent replacement for the key employee and reduce or discontinue the key employee replacement expense as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee however caused. However this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Li lity the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds and then only for the same coverage except for limits of insurance afforded under such underlying insurance. With respect to the Coverage B Umbrella Liability 1. If the Named Insured is designated in the Declarations of this Policy as an individual the Named Insured and the Named Insured s spouse are Insureds but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture the Named Insured is an Insured. The Named Insured s members the Named Insured s partners and their spouses are also Insureds but only with respect to the conduct of the Named Insured s business. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 14 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 26 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company the Named Insured is an Insured. The Named Insured s members are also Insureds but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds but only with respect to their duties as the Named Insured s managers. an organization other than a partnership joint venture or limited liability company the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds but only with respect to their liability as stockholders. a trust the Named Insured is an Insured. The Named Insured s trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following are also Insureds C. With respect to the Coverage C Cri The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. The Named Insured s employees other than either the Named Insured s executive officers if the Named Insured is an organization other than a partnership joint venture or limited liability company or the Named Insured s managers if the Named Insured is a limited liability company but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However none of these employees or volunteer workers are Insureds for i. bodily injury or personal and advertising injury a to the Named Insured to the Named Insured s partners or members if the Named Insured is a partnership or joint venture to the Named Insured s members if the Named Insured is a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business b to the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of paragraph ia above c for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. a or b above or d arising out of his or her providing or failing to provide professional health care services. property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees volunteer workers any partner or member if the Named Insured is a partnership or joint venture or any member if the Named Insured is a limited liability company. is Event Management and the Coverage D Key Employee the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds claims claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 15 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 27 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of 1. Insureds 2. claims made or brought against the Insured 3. persons or organizations making claims or bringing claims and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy regardless of which coverage applies except for 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated and 2. damages covered under the products completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period regardless of length. In addition with respect to Coverage A Excess Follow Form Liability only the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products Completed Operations Hazard Subject to paragraph D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate Products Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products completed operations hazard regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit Aggregate limit and Aggregate products completed operations hazard limit the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy regardless of which coverage applies except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B. C. and D. above the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit regardless of the number crisis management events for which crisis management expenses are incurred. Ci management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 16 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 28 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D Key Employee the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. 1. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A Excess Follow Form Liability if the applicable underlying limits are 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits Coverage A will apply in excess of the remaining amount of such applicable underlying limit or 2. exhausted solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits then Coverage A will apply subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub limit whether or not such sub limit erodes the limits generally available to all claims then the underlying limits shall not be deemed depleted by payment of any such sub limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However the Insurer will pay the following costs and expenses 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy 2. all premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds court fees and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Named Insured shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 17 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 29 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. of the provisions of this Policy will be waived changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured on behalf of all others will be 1. authorized to make changes in the terms of this Policy with the consent of the Insurer 2. the payee of any premiums the Insurer refunds 3. responsible for a. remitting the payment of all premiums due but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand b. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy the Insureds agree that this Policy including all endorsements to this Policy constitute the entire contract existing between the parties relating to this insurance. H. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this Policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that this sentence does not apply to the spouse of 1. a sole proprietorship Named Insured or Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 18 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 30 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to 1. make inspections and surveys at any time 2. give the Named Insured reports on the conditions it finds 3. recommend changes or 4. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public nor 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf.. Legal Action Limitation No person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Insurer the Insured and the claimant or the claimant s legal representative. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 19 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 31 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A Excess Follow Form Liability while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained without alterations of terms or conditions in full effect during the term of this Policy except for reduction or exhaustion of the limits of insurance in the underlying insurance provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance this condition shall not invalidate this Policy. However in the event of such failure the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. 0. Notice of Claims Crisis Management Event Covered Accident 1. 2. Solely with respect to Coverage A Excess Follow Form Liability if any underlying insurance is a policy issued by the Insurer or any of its affiliates then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that subject to paragraph b. below the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible notice should include i. how when and where the incident took place the names and addresses of any injured persons and witnesses and the nature and location of any injury or damage arising out of the incident. Insured notify the Insurer as soon as practicable of an incident if it involves i. ademand against the Insured which exceeds 50 of any remaining applicable underlying limit ii. any underlying insurance reserve or monetary exposure exceeding 500000 or iii. any of the following a brain damage including but not limited to any neurological impairment of infants or adults and coma b c d e death. if a claim is made against any Insured the Named Insured spinal cord injury including but not limited to paraplegia or quadriplegia loss of any organ severe disfigurement including but not limited to burns and amputations or i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim ii. will immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim ii. will authorize the Insurer to obtain records and other information iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit will assist the Insurer upon its request in the enforcement of any right against any person CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 20 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 32 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply and vi. will not voluntarily make a payment except at its own cost assume any obligation or incur any expense other than for first aid without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph 0. Notice of Claims Crisis Management Event Covered Accident and refuse except solely at its own cost to voluntarily without the Insurer s approval make any payment admit liability assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy the limits of insurance specified in the Declarations of this Policy shall apply in excess of and shall not contribute to a claim incident or such event covered by such other insurance. With respect to Coverage A Excess Follow Form Liability only if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available b. Underlying Insurance includes that person or entity as an additional insured and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured or chartered by or for a Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned in this Policy to the First Named Insured this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. U. Transfeof Interest Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 21 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 33 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. is in effect or becomes effective during the policy period and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Authorized Insured means any executive officer member of the Named Insured s risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means A. aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury sickness or disease. Claim means a A. suit or Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 22 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 34 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above or C. all other parts of the world if the injury or damage arises out of 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above 2. the activities of a natural person whose home is in the territory described in paragraph A. above but is away for a short time on the Named Insured s business or 3. an offense that take place through the Internet or similar electronic means of communication provided that the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for A. bodily injury property damage or any of the following personal and advertising injury offenses 1. false arrest detention or imprisonment 2. malicious prosecution or abuse of process or 3. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor and B. damages to which this insurance applies that are in excess of any applicable 1. underlying limits or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following A. salary wages or benefits of the Named Insured or the Named Insured s employees B. loss of business income C. costs to acquire repair or replace real or personal property or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured to hire a crisis management firm B. to set up call centers or similar inquiry management system to manage inquiries from or to directly contact individuals or entities that may be directly impacted by such crisis management event to create and deliver notification letters to contact individuals or entities that may be directly impacted CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 23 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 35 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a management event by the Named Insured A. to pay medical expenses funeral expenses psychological counseling expenses travel expenses and temporary living expenses of a third party who incurs bodily injury or a family member of such third party by reason of such crisis management event B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm C. to secure the scene of a crisis management event and D. other related miscellaneous expenses. Crisis management firm means a public relations firm law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of covered incidents. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include 1. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule 2. injunctive or declaratory relief 3. any amount that is not insurable under any applicable law or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above damages shall include subject always to this Policy s other terms conditions and limitations punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean A reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. In addition the Insurer will pay up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 24 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 36 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 750 per day because of time off from work. E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership manager of a limited liability company and moow trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. However fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because A. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or B. the Named Insured has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or the Named Insured s fulfilling the terms of the contract or agreement. Incident means A. with respect to Coverage A Excess Follow Form Liability a covered event as defined in applicable underlying insurance ity 1. with respect to bodily injury and property damage incident means an occurrence or B. solely with respect to Coverage B Umbrella Lial C. 2. with respect to personal and advertising injury incident means an offense that gives rise to such personal and advertising injury. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 25 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 37 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means A. a contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedinsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract B. a sidetrack agreement an easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad D. an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality E. an elevator maintenance agreement or the part of any other contract or agreement pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by the Named Insured or by those acting on its behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for bodil of ury or property damage arising out a preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b giving directions or instructions or failing to give them if that is the primary cause of the bodily injury or property damage 3 under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in paragraph 2. above and supervisory inspection architectural or engineering activities or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions A. Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer mmoow Executive Vice President and Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 26 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 38 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured A. to continue the performance of the key employee s normal job responsibilities with comparable quality while a permanent replacement for the key employee is being sought appointed or hired and trained. to find a qualified permanent replacement to fill the key employee s position 1. costs of advertising the employment position opening 2. travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and 3. miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident or 3. other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee s 1. annual base starting salary 2. employee perquisite costs and 3. employee benefit costs in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However the Insurer will not pay more for these expenses than 10 of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee b. any key employee replacement expenses that are paid for by any other insurance c. except as provided in paragraph F. above salary wages or benefits of the Named Insured the Named Insured s employees the Named Insured s temporary workers or volunteer workers d. costs to acquire repair or replace real or personal property e. the Named Insured s loss of business income f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured and CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 27 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 39 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury property damage or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. 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 following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers and F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 28 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 40 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means A. any nuclear reactor B. any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging nuclear waste C. 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 is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 and D. any 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 material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material A containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any A. valid and collectible policy of insurance B. self insurance or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi including but not limited to bacteria microbes and viruses whether or not a microorganism that cause infection and disease. Other organic pathogens includes any spores mycotoxins odors variants mutations or any other substances products or byproducts produced by released by or arising out of the current or past presence of such Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 29 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 41 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
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