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CNA CNA Paramount Excess and Umbrella Liability Policy pathogens and any colony or group of the foregoing. However other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means 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. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. 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 D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright trade dress or slogan in the Named Insured s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration termination or cancellation date of this Policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Products completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except A. products that are still in the Named Insured s physical possession or B. work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of A. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured and that condition was created by the loading or unloading of that vehicle by any Insured B. the existence of tools uninstalled equipment or abandoned or unused materials or Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 30 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 42 of 52 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products completed operations are subject to the General Aggregate Limit. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance whichever is greater. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged including A. an arbitration proceeding alleging such damages or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means A. means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. the Named Insured b. others trading under the Named Insured s name or c. a person or organization whose business or assets the Named Insured has acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 31 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 43 of 52 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work A. means 1. work or operations performed by the Named Insured or on its behalf and 2. materials parts or equipment furnished in connection with such work or operations. B. Includes 1. warranties or representations made with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. CNA Paramount Excess and Umbrella Liability IN WITNESS WHEREOQF the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary 7 Secretary Form No CNA75504XX 03 2015 Policy No CUE 6083096796 Policy Page 32 of 32 Policy Effective Date 06302020 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 44 of 52 Copyright CNA All Rights Reserved. | 1 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I CANCELLATION AND N MAINE ENEWAL ENDORSEMEN Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. B. The Insurer may cancel the policy at any time and for any reason within the first sixty 60 days. The Insurer must mail written notice of cancellation to the Named Insured at the last mailing address known to the Insurer prior to the effective date of such cancellation. Cancellation will not be effective prior to ten 10 days after the Named Insured receives such cancellation notice for non payment of premium however cancellation will not be effective prior to sixty 60 days after the Named Insured receives such cancellation notice for any other reason. A United States Post Office certificate of mailing will be conclusive proof of receipt on the third calendar after mailing. C. If the policy has been in effect for sixty 60 days or more the Insurer may cancel only for one of the following reasons 1. Non payment of premium Fraud or material misrepresentation Substantial change in the risk insured against Failure to comply with loss control recommendations Substantial breach of contractual duties conditions or warranties oo p N Determination by the Superintendent that continuation of the policy would place the Insurer in violation of law or would jeopardize the Insurer s solvency. The Insurer will mail or deliver written notice of cancellation to the Named Insured at the last mailing address known to the Insurer prior to the effective date of such cancellation. Cancellation will be effective ten 10 days after the Named Insured receives such cancellation notice for non payment of premium however cancellation will be effective sixty 60 days after the Named Insured receives such cancellation notice for any other reason. A United States Post Office certificate of mailing will be conclusive proof of receipt on the third calendar day after mailing. D. All notices of cancellation will state the reason for cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. F. If notice is mailed proof of mailing will be sufficient proof of notice. Form No CNA62814ME 09 2012 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 1 Page 1 of 2 Policy Page 45 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement Il. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. Ill. NON RENEWAL A. The Insurer can non renew the policy by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer prior to the effective date of such non renewal. Non renewal will be effective sixty 60 days after the Named Insured receives such non renewal notice. A United States Post Office certificate of mailing will be conclusive proof of receipt on the third calendar day after mailing. B. Like notice of non renewal will state the actual reason for non renewal. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. CNA Paramount Excess and Umbrella Liability Policy Endorsement Form No CNA62814ME 09 2012 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 1 Page 2 of 2 Policy Page 46 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows 1. In the event of cancellation of this coverage during the policy period for a reason other than nonpayment of premium the Insurer agrees to mail prior written notice of cancellation to SCHEDULE Number of Days Name Address Advanced Notice CBRE INC. MILWAUKEE CENTER 111 E. KILBOURN AVENUE SUITE 1800 60 MANAGEMENT LLC MILWAUKEE WI 53202 Il. If this Endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY then the bolded term policy period is deleted in its entirety and replaced with the term policy period. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA75525XX 03 2015 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 2 Page 1 of 1 Policy Page 47 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I INDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows If this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage B Umbrella Liability Coverage Exclusions or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions it is amended with the addition of the following new exclusion Underlying Insurance Coverage Limitation Notwithstanding anything to the contrary this policy does not provide broader coverage than that which is provided by any 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 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. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA76492XX 03 2015 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 3 Page 1 of 1 Policy Page 48 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY I Itis understood and agreed that the Definition of Arbitration proceeding is deleted and replaced by the following Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured and an Insurer mutually and voluntarily agree that is acceptable to both parties. Il. It is understood and agreed that Paragraph C. is deleted from the Definition of Defense costs. IIl. It is understood and agreed that the LIMITS OF INSURANCE section is amended by the addition of the following Post Judgment interest will be paid as a supplemental payment on that part of a judgment for which coverage is provided under this Policy and is not subject to policy limits or deductible. Form No CNA76603ME 03 2015 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 4 Page 1 of 1 Policy Page 49 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA POLICY It is understood and agreed that This endorsement identifies persons or organizations who are Additional Insureds under the section entitled WHO IS AN INSURED of the policy form. The persons or organizations shown in the Schedule below are Additional Insureds but only if included as insureds 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 liability afforded under such underlying insurance. SCHEDULE Additional Insured CBRE INC. MILWAUKEE CENTER MANAGEMENT LLC All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA87134XX 10 2016 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 5 Page 1 of 1 Policy Page 50 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that 1. The section entitled WHO IS AN INSURED is amended as follows a. Paragraph A. is deleted and replaced by the following A. With respect to Coverage A Excess Follow Form Liability 1 Any person or organization that is a Named Insured under the provisions of underlying insurance shall be considered a Named Insured under Coverage A Excess Follow Form Liability 2 Any person or organization included as an insured under the provisions of underlying insurance is an Insured under Coverage A Excess Follow Form Liability but only for the same coverage except for limits of insurance afforded under such underlying insurance. a. Paragraph B. is amended to add the following as Named Insureds under Coverage B Umbrella Liability Entities that are named insureds under the provisions of underlying insurance but only while a Named Insured has management control over the entity during the policy period subject to the following 1 the coverage provided by this insurance to such an entity does not apply to a bodily injury or property damage that occurred or b personal and advertising injury caused by an incident first committed before a Named Insured has management control or after a Named Insured ceases to have management control and 1 no person or organization is a Named Insured a with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not covered by this endorsement as a Named Insured or b if the person or organization is excluded by another endorsement attached to this policy. For the purpose of this provision management control means a Named Insured e has more than 50 ownership interest in the entity directly or indirectly or e exercises management or financial control over the entity. a. Paragraph C. is deleted and replaced by the following C. With respect to Coverage C Crisis Event Management and Coverage D Key Employee any entity that qualifies as a Named Insured under Coverage A or Coverage B also qualifies as a Named Insured under Coverage C and Coverage D. Form No CNA8B8301XX 08 2017 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 6 Page 1 of 2 Policy Page 51 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement 2. The section entitled DEFINITIONS is amended to delete the defi the following ition of Named Insured and replace it with Named Insured means the persons or organizations named as such in the Declarations and any other organization qualifying as a Named Insured in the Section entitled WHO IS AN INSURED. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA8B8301XX 08 2017 Policy No CUE 6083096796 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 06302020 Endorsement No 6 Page 2 of 2 Policy Page 52 of 52 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
Allianz Global Corporate Specialty Insurance policy Commercial Lines Policy | 2 |
Allianz Allianz Global Risks US Insurance Company 225 West Washington Street Suite 1800 Chicago IL 60606 3484 THIS POLICY CONSISTS OF DECLARATIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representa tive. Secretary J whd.ww President and Chief Executive Officer Yftuarn Aonlhof AGR DS 1003 08 16 Page 1 of 1 | 2 |
Allianz Global Risks US Insurance Company Hereinafter called the Company 225 W. Washington St. Suite 1800 Chicago IL 60606 Commercial Umbrella Liability Declarations Policy NO. USL00087619 Producer linlll ID AR Metallizing Limited Lockton Companies LLC INSURED 444 W 47th St 900 AND 24 Forge Park Kansas City MO 64112 1906 MAILING ADDRESS Franklin MA 02038 Item 2. Policy Period From August 31 2019 To August 312020 At 1201 AM. Standard Time at the Address of the Named Insured shown above. Item 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy are A S 5000000 Each Occurrence B. 5000000 General Aggregate in accordance with Section Ill Limits of Insurance. C s Combined with Item 3.B. above pyqyycts Completed Operations Aggregate in accordance with Section Ill Limits of Insurance. D. 100000 self Insured Retention Item 4. Premium Computation Estimated Rate Advance Minimum Exposure Per Premium Premium Not Applicable Flat 20797 20797 Certified Terrorism 500 Total Term Premium 21297 Rate Per Flat Advance Premium 20797 500 21297 Minimum Premium 20797 Item 5. Endorsements Forms and Endorsements applying to this coverage and made a part of this policy at time of issue. Per Forms and Endorsement List Countersigned by Authorized Representative Date AGR CU 1001 01 04 INSURED | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED AR Metallizing Limited POLICY NUMBER USL00087619 EFFECTIVE DATE 8312019 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Policyholder Notice All States Policyholder Notice OFAC Commercial Umbrella Liability Policy Schedule of Underlying Insurance Exclusion Intercompany Products Suits Exclusion Professional Liability Exclusion Aircraft or Watercraft Liability Exclusion Electromagnetic Radiation Exclusion Tobacco and Tobacco Products Exclusion Fuel Oxygenates Exclusion Fungi or Bacteria Exclusion Lead Silica or Silica Related Dust Exclusion Exclusion Persistent Organic Pollutants Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses From Certified Acts of Terrorism Employee Benefits Liability Follow Form Endorsement Claims Made Version Limits Inclusive of Settlement Costs Limits of Liability Amendatory Endorsement Crisis Management Response Cost and Crisis Management Loss Cost Coverage Extension Endt. Schedule of Approved Crisis Management Firms Limitation Endt Access or Disclosure of Confidential or Personal Information and Data Related Liab Exclusion Discrimination Formaldehyde Exclusion FORM NUMBER AGR IL 8001 04 18 AGR IL 8003 01 05 AGR CU 2001 07 11 AGR CU 1501 02 13 AGR CU 5003 01 04 AGR CU 5010 01 04 AGR CU 5015 01 04 AGR CU 5019 01 04 AGR CU 5026 01 04 AGR CU 5028 01 04 AGR CU 5031 01 04 AGR CU 5036 01 04 AGR CU 5038 07 11 AGR CU 5040 07 11 AGR CU 5043 01 15 AGR CU 4001 01 04 AGR CU 5501 01 04 AGR CU 5504 01 04 AGRL CU 2002 01 13 AGRL CU 1601 07 17r AGRL CU 5018 05 14 AGR IL M001 11 03 AGR IL M002 11 03 EDITION DATE 042018 012005 072011 022013 012004 012004 012004 012004 012004 012004 012004 012004 072011 072011 012015 012004 012004 012004 012013 072017 052014 112003 112003 AGR DS 1002 11 03 | 2 |
Allianz POLICYHOLDER NOTICE ALL STATES Allianz Global Corporate and Specialty Allianz Global Risks US Insurance Company or Allianz Underwriters Insurance Company As Shown On the Declarations Page 24 Hour Emergency Claims Service TO OBTAIN INFORMATION FILE A CLAIM OR TO MAKE A COMPLAINT You may call Allianz Global Risks Company s or Allianz Underwriters Insurance Company s toll free number at Phone 1 800 558 1606 Fax 1888 323 6450 To report a claim via e mail NewLossagcs.allianz.com You may also write to Allianz Global Corporate Specialty Attn Claims Department One Progress Point Parkway Suite 200 OFallon MO 63368 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. 3 1606 Fax AGR IL 8001 04 18 Page 1 of 1 | 2 |
Allianz Global Risks POLICYHOLDER NOTICE OFAC U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations o Terrorists o Terrorist organizations and o Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. AGR IL 8003 01 05 Page 1 of 1 | 2 |
Allianz COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the named insured shown in the Declarations and any other person or organization qualifying as a named insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section IV Definitions. In consideration of the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. SECTION COVERAGE A. We will pay on behalf of the insured those sums in excess of the Retained Limit that the insured becomes legally obligated to pay as damages by reason of liability imposed by law or assumed by the insured under an insured contract because of bodily injury property damage personal injury or advertising injury to which this insurance applies. However 1. The amount we will pay for damages is limited as described in Section Ill Limits of Insurance and 2. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section Il Defense. B. This policy applies to bodily injury or property damage only if 1. The bodily injury or property damage is caused by an occurrence that takes place anywhere in the world The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 2. of the definition of insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. C. This policy applies to personal injury or advertising injury only if 1. The personal injury or advertising injury is caused by an offense arising out of your business and 2. The personal injury or advertising injury is committed during the policy period and takes place anywhere in the world. D. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 2. of the definition of insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. E. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 2. of the definition of insured or any employee authorized by you to give or receive notice of an occurrence or claim AGR CU 2001 07 11 Page 1 of 20 | 0 |
Allianz 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injuryinclude damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. If we are prevented by law or otherwise from paying such sums on the insured s the insured for such sums that we would otherwise have been obligated to pay. behalf we will reimburse SECTION Il DEFENSE A. Duty to Defend 1. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance applies even if the suit is groundless false or fraudulent a. When all applicable limits of scheduled underlying insurance have been exhausted by payment of damages to which this insurance applies or b. When damages sought for bodily injury property damage personal injury or advertising injury are covered by this policy but are not covered by any scheduled underlying insurance. When we have the duty to defend we will have the right to investigate the occurrence and settle any resultant claim or suit. In the event of bankruptcy or insolvency of an insurer of the scheduled underlying insurance our defense obligations will apply as if such insurance were in full effect. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. Our duty to defend ends when we have used up the applicable Limits of Insurance in the payment of judgments or settlements. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance does not apply. When we have no duty to defend we will have the right to participate in the defense of the insured against any suit seeking damages to which this insurance may apply. When we have no duty to defend the insured but elect to participate in the defense we will pay our own expenses. However we will not contribute to the payment of expenses of the insured or an insurer of scheduled underlying insurance nor contribute to Supplementary Payments items 1.b. through 1.g. below. B. Supplementary Payments 1. If we assume the defense of any suit against an insured that seeks damages covered by this policy we will pay in addition to the applicable Limits of Insurance a. All expenses we incur. b. The cost of bonds to release attachments but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. c. The cost of appeal bonds required by law to appeal a judgment in any suit we defend but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. AGR CU 2001 07 11 Page 2 of 20 Page 2 of 20 | 1 |
Allianz e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limits of Insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on our portion of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance. These payments will not reduce the Limits of Insurance. 2. We will not contribute to the expenses of an insurer of scheduled underlying insurance. SECTION Il LIMITS OF INSURANCE. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made suits brought or number of vehicles involved 3. Persons or organizations making claims or bringing suits or 4. Coverages provided under this policy.. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies except 1. Damages because of bodily injury or property damage a. Included in the products completed operations hazard or b. Arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance.. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard.. Subject to B. or C. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence.. The Aggregate Limits of this policy as described in Paragraphs B. and C. above apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. If the applicable limits of insurance of the scheduled underlying insurance are reduced or exhausted by payment of damages for occurrences to which this insurance applies we will 1. Inthe event of reduction pay in excess of the reduced underlying limits of insurance or 2. In the event of exhaustion continue in force as the applicable policy of scheduled underlying insurance subject to the terms and conditions of this policy.. We will be liable only for that portion of damages in excess of the Retained Limit. AGR CU 2001 07 11 Page 3 of 20 | 1 |
Allianz SECTION IV DEFINITIONS Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury means injury other than bodily injury or personal injury arising solely out of your advertising activities as a result of one or more of the following offenses 1. 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 2. Oral or written publication in any manner of material that violates a person s right of privacy 3. The use of another s advertising idea in your advertisement or 4. Infringing upon another s copyright trade dress or slogan in your advertisement. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness disability or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes humiliation shock mental anguish or other mental injury resulting from bodily injury. Covered auto means only those autos to which scheduled underlying insurance applies. 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 devises or any other media which are used with electronically controlled equipment.. Employee means a person working for you for remuneration. Employee includes a Leased Worker but employee does not include a Temporary Worker. For the purposes of this insurance 1. A Leased Worker is a person other than a Temporary Worker leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business and 2. A Temporary Worker is a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. AGR CU 2001 07 11 Page 4 of 20 | 1 |
Allianz J. Insured means 1. The Named Insured 2. Ifyouare b. e. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees 3. Each of the following b. e. Your volunteer workers but only while performing duties related to the conduct of your business and Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business However none of these volunteer workers or employees are insureds for bodily injury or personal injury 1 To you to your partners or members if you are a partnership or joint venture or to your members if you are a limited liability company or 2 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 a immediately preceding Any person other than your employee or volunteer worker or any organization while acting as your real estate manager Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability 5. Any person or organization other than a Named Insured included as an additional insured in any scheduled underlying insurance however Coverage provided by this insurance will not be broader than coverage provided to such person or organization by the scheduled underlying insurance and AGR CU 2001 07 11 Page 5 of 20 Page 5 of 20 | 1 |
Allianz b. If coverage is required by contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance required by the contract less any amounts payable by any scheduled underlying insurance not to exceed the available limits afforded by Section Il Limits of Insurance. 6. Notwithstanding any of the above a. No person or organization is an insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a named insured in Item 1 of the Declarations and b. No person or organization is an insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph M. 3. Insured Contract means that part of any contract or agreement under which you assume the tort liability of another party to pay for bodily injury property damage personal injury or advertising injury to a third person or organization provided the contract or agreement 1. Pertains to your business and 2. s executed prior to the occurrence causing the injury or damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured Contract does not include any contract or statement 1. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2. That indemnifies an architect engineer or surveyor for injury or damage arising out of a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. 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 shown in subparagraph 2. above or supervisory inspection architectural or engineering activities. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers AGR CU 2001 07 11 Page 6 of 20 | 1 |
Allianz 6. Vehicles not described in 1. 2. 3. or 4. 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 a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street Cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. 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 compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. M. Named insured means 1. The first person or organization designated in Item 1. of the Declarations the first named insured 2. Any other person or organization designated in Item 1. of the Declarations and 3. Each of the following with respect to any person or organization designated in Item 1. of the Declarations a. Any organization that is a subsidiary as of the effective date of this policy b. Any organization over which ownership or majority interest is maintained as of the effective date of this policy and c. Any organization that is newly acquired or formed during the policy period other than a partnership joint venture or limited liability company and over which ownership or majority interest is maintained. However 1 This insurance does not apply to bodily injury property damage personal injury or advertising injury that occurred before the organization was acquired or formed 2 The first named insured agrees to give us prompt notice that the organization has been acquired or formed and 3 We may charge an additional premium for insuring the organization. You agree that any organization to which paragraph 3. above applies will be required to be included as an insured under applicable scheduled underlying insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an insured under the highest applicable limit of scheduled underlying insurance. N. Occurrence 1. With respect to bodily injury and property damage occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general conditions shall be considered as arising out of one occurrence. 2. With respect to personal injury occurrence means a covered offense that arises out of your business. All injury that arises from the same or related material or offense shall be considered as arising out of AGR CU 2001 07 11 Page 7 of 20 | 1 |
Allianz one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 3. With respect to advertising injury occurrence means a covered offense committed in the course of advertising your goods products or services. All injury that arises from the same or related material or offense shall be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 0. Other insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However other insurance does not include scheduled underlying insurance or any policy of insurance specifically purchased to be excess of this policy affording coverage this policy also affords. P. Personal injury means injury other than advertising injury or bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. 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 5. Oral or written publication in any manner of material that violates a person s right of privacy. Q. Policy period means the period of time from the inception date of this policy shown in the Declarations and the expiration date shown in the Declarations or the effective date of termination of this policy. R. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed. 2 When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or b. The existence of tools uninstalled equipment or abandoned or unused materials. S. Property damage means 1. 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 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. AGR CU 2001 07 11 Page 8 of 20 Page 8 of 20 | 1 |
Allianz For the purposes of this insurance Electronic Data is not tangible property. Retained limit means 1. The total applicable limits of scheduled underlying insurance and any applicable Other Insurance providing coverage to the Insured or 2. The dollar amount listed in the Declarations as Self Insured Retention which applies separately to each occurrence that results in damages not covered by any scheduled underlying insurance. Scheduled underlying insurance means an insurance policy or self insured retentions listed in the Schedule of Underlying Insurance forming a part of this policy including any renewals or replacements thereof. Suit means a civil proceeding in which damages because of bodily injury property damage personal injury or advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceedings in which such damages are claimed and to which the insured submits with our consent.. Volunteer worker means a person who 1. s not your employee 2. Donates his or her work 3. Acts at the direction of and within the scope of duties determined by you and 4. Is not paid a fee salary or other compensation by you or anyone else for his or her work performed for you. Your product 1. 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. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work 1. 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. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and AGR CU 2001 07 11 Page 9 of 20 | 1 |
Allianz b. The providing of or failure to provide warnings or instructions. SECTION V EXCLUSIONS Wials N V RAVLRVIIVITY This insurance does not apply to A. Workers Compensation and Similar Laws 1. Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. B. E.R.LS.A. 1. Any obligation of the insured under the Employees Retirement Income Security Act E.R.. S.A. and any amendments thereto or any similar law. C. Auto Coverages 1. 2. Bodily injury or property damage arising out of the ownership maintenance or use of any auto that is not a covered auto or Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage uninsured or underinsured motorist law or any similar law. D. 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 Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1. 3. and 4. of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer days. Paragraph 2. of this exclusion does not apply if the premises are your work and were never occupied or rented or held for rental by you. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a side track agreement. Paragraph 6. of this exclusion does not apply to property damage included in the products completed operations hazard. E. 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. AGR CU 2001 07 11 Page 10 of 20 Page 10 of 20 | 1 |
Allianz 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. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 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. Liability of Employees and Volunteer Workers Liability of 1. Any of your employees with respect to bodily injury or personal injury to a. A coemployee while in the course of his or her employment or b. A coemployee or any of your volunteer workers while performing duties related to the conduct of your business 2. Any of your volunteer workers with respect to bodily injury or personal injury to a. Any of your employees while in the course of his or her employment or b. Any of your employees or other volunteer workers while performing duties related to the conduct of your business. This exclusion applies to 1. Bodily injury or personal injury to the spouse child parent brother or sister of that employee or volunteer worker as a consequence of Paragraphs I.1. or I.2.above and 2. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee and volunteer workers liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft or Watercraft 1. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented to or loaned to any insured. Use of an aircraft or watercraft includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use of AGR CU 2001 07 11 Page 11 of 20 | 1 |
K. Allianz entrustment to others of any watercraft or any aircraft that is owned or operated by or rented to or loaned to any insured. 2. This exclusion does not apply to bodily injury or property damage arising from a. An aircraft that you do not own that is chartered by loaned to or hired by you with a crew or b. A watercraft while ashore on premises you own or rent or c. A watercraft you do not own that is less than 26 feet long and not being used to carry persons or property for a charge or d. Other aircraft or watercraft owned by operated by maintained by used by rented to loaned to or otherwise entrusted to any insured to the extent that valid scheduled underlying insurance for such risks exists or would have existed but for the exhaustion of applicable limits of insurance. Electronic Chatrooms Bulletin Boards or Electronic Data 1. Personal Injury or advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 2. Damages arising out of the loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Insureds in Media and Internet Type Businesses Personal injury or advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. This exclusion does not apply to Paragraphs 1. 2. and 3. of the definition of personal injury. 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.. Personal Injury and Advertising Injury Exclusions Personal Injury or Advertising injury 1. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement or 2. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement or 3. Arising out of the wrong description of the price of goods products or services stated in your advertisement or 4. Caused by or at the direction of the insured with the knowledge that the act would violate the rights or another and would inflict personal injury or advertising injury or 5. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge or its falsity or 6. Arising out of the oral or written publication of material whose first publication took place before the beginning of the policy period or 7. Arising out of a criminal act committed by or at the direction of the insured. Pollution 1. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants at any time anywhere in the world. AGR CU 2001 07 11 Page 12 of 20 Page 12 of 20 | 1 |
Allianz 2. Any loss cost or expense arising out of any 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 3. Any loss cost or expense arising out of any 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. This exclusion does not apply to bodily injury property damage or personal injury 1. Arising out of heat smoke or fumes from a Hostile Fire 2. Arising out of the upset overturn or collision of mobile equipment or a covered auto or 3. Included in the products completed operations hazard to the extent that valid scheduled underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. As used in this exclusion 1. A Hostile Fire means one which becomes uncontrollable or breaks out from where it was intended to be and 2. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and Waste. Waste includes materials to be recycled reconditioned or reclaimed. War Bodily injury property damage or indirectly out of personal injury or advertising injury however caused arising directly 1. War including undeclared or civil war or 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Expected or Intended Injury or Damage Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Asbestos 1. Bodily injury property damage personal injury or advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the insured to indemnify any party because of damages arising out of such bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or 3. Any obligation to defend any suit or claim against the insured alleging bodily injury property damage personal injury or advertising injury and seeking damages if such suit or claim arises from bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Employment Related Practices Bodily injury or personal injury to AGR CU 2001 07 11 Page 13 of 20 Page 13 of 20 | 1 |
Allianz 1. Aperson arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of injury to that person at whom any of the employment related practices described in Paragraphs a. b. or c. above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. S. Securities and Financial Instruments Bodily injury property damage personal injury or advertising injury arising out of or by reason of The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. 2. 3. Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion does not apply to the extent that valid scheduled underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft Products and Grounding Bodily injury or property damage arising out of Aircraft Products or Grounding. As used in this exclusion 1. 2. Aircraft Products means any aircraft including missiles spacecraft satellites and any ground control or support equipment intended for use in connection therewith and any other goods products or services specifically intended for use in the manufacture repair service operation or maintenance of any aircraft and Grounding means the withdrawal of any aircraft from service or the imposition of any restrictions on the use of any aircraft arising out of Aircraft Products. Nuclear Energy Liability 1. Bodily injury or property damage a. With respect to which an insured under the 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 liability or AGR CU 2001 07 11 Page 14 of 20 | 1 |
Allianz Resulting from the Hazardous Properties of Nuclear Material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 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. 2. Bodily injury or property damage resulting from Hazardous Properties of Nuclear Material if b. The Nuclear Material 1 is at any Nuclear Facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom 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 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any Nuclear Facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion c applies only to property damage to such Nuclear Facility and any property thereat. 3. Asused in this exclusion a. b. h. Hazardous Properties includes radioactive toxic or explosive properties. Nuclear Material means Source Material Special Nuclear Material or By Product 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 any waste material 1 containing By Product Material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its Source Material content and 2 resulting from the operation by any person or organization of any Nuclear Facility included under the first two paragraphs 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 processing or packaging Waste 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 or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 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. Nuclear Reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. W. Contractual Liability 1. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages AGR CU 2001 07 11 Page 15 of 20 | 1 |
Allianz a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. 2. Personal injury or advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal injury andor advertising injury tales place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. Violation of Statutes Governing Communications or Information Bodily injury property damage personal injury or advertising injury arising out of any action or omission that violates any statute ordinance or regulation or any federal state province or local or other governmental body including any amendments or additions to such laws that prohibits or limits the sending disposal collecting recording transmitting communicating or distribution of material or information. Infringement of Copyright Patent Trademark or Trade Secret Personal injury or advertising injury 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. Unauthorized Use of Another s Name or Product Personal Injury or advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. SECTION VI CONDITIONS A. Appeals 1. If the insured or the insured s insurer elects not to appeal a judgment in excess of the Retained Limit as defined in Section IV Definitions we may do so at our own expense. We will be liable for taxable costs pre judgment and postjudgment interest and disbursements. B. Bankruptcy 1. Bankruptcy or Insolvency of Insured AGR CU 2001 07 11 Page 16 of 20 Page 16 of 20 | 1 |
Allianz Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. Bankruptcy or Insolvency of Insurers Bankruptcy or insolvency of any insurer will not relieve us of our obligations under this policy. However this insurance will not replace any scheduled underlying insurance in the event of bankruptcy or insolvency of the insurer. This insurance will apply as if the scheduled underlying insurance were in full effect. C. Cancellation 1. The first named insured 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. 90 days before the effective date of cancellation if we cancel for any other reason. If this policy is in effect for more than 60 days our reasons for cancellation other than cancellation for nonpayment of premium will be limited to those reasons permitted by the laws or statutes of the jurisdiction governing the cancellation of this policy. 3. We will mail or deliver our notice to the first named insured s mailing address shown in Item 1 of the Declarations. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Notice of cancellation will state the effective date and time of cancellation. The policy period will end on that date and time. 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. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due. Our check or our representative s check mailed and delivered will be sufficient tender of any refund due you. 7. This condition is amended where necessary to comply with the applicable state law regarding Cancellation. D. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first named insured 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. E. Duties in the Event of Occurrence Claim or Suit 1. 3. You must see to it that we are notified as soon as practicable of an occurrence regardless of the amount which may result in a claim under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Record the specifics of the claim or suit and the date received and b. See to it that we receive written notice of the claim or suit as soon as practicable including other materials and information in your possession pertinent and relevant to the claim or suit. You and any other involved insured must AGR CU 2001 07 11 Page 17 of 20 Page 17 of 20 | 1 |
Allianz a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 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. Headings The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of insurance. 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. Legal Action Against Us No person or organization has a right under this policy 1. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or 2. To sue us on this policy unless all of its terms have been fully complied with. Loss Payable 1. Liability under this policy shall not apply unless and until the insured or the insured s insurer has become obligated to pay the Retained Limit as defined in Section IV Definitions. 2. When the amount of damages has been finally determined we will promptly pay the amount of damages falling within the terms of this policy. 3. We may pay all or part of the dollar amount listed in the Declarations as Self Insured Retention to effect settlement of any claim or suit. Upon notification of the action taken you shall promptly reimburse us for such payment. Maintenance of Underlying Insurance 1. During the period of this policy you agree that AGR CU 2001 07 11 Page 18 of 20 Page 18 of 20 | 1 |
Allianz a. The scheduled underlying insurance will be maintained in full effect except for any renewal or replacement policies that provide equivalent coverage b. The terms and conditions of the scheduled underlying insurance will not materially change and c. The limits of insurance of the scheduled underlying insurance will not change except for any reduction or exhaustion of aggregate limits due to payments for occurrences to which this insurance applies. Failure to comply with these requirements will not invalidate this insurance. However this insurance will apply to the same extent it would have applied had there been full compliance with these requirements. 2. You agree to notify us as soon as practicable when a. Any insurance policy listed in the Schedule of Underlying Insurance is no longer in effect or b. The terms of any such policy change. Other Insurance If valid and collectible insurance applies to damages that are also covered by this policy this policy will apply as excess of the other insurance and will not contribute with the other insurance. However this provision will not apply if the other insurance is specifically written to be excess of this policy. M. Premiums and Audit 1. 4. The first named insured a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. We will compute all premiums for this policy in accordance with our rules and rates. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to any applicable minimum premium. The first named insured must keep records of the information we need for premium computation and send us copies at such times as we may request. N. Representations or Fraud By accepting this policy you agree 1. 2. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us We have issued this policy in reliance upon your representations and This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 0. 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. 2. As if each named insured were the only named insured and Separately to each insured against whom claim is made or suit is brought. P. Transfer of Rights of Recovery Against Others to Us AGR CU 2001 07 11 Page 19 of 20 | 1 |
Allianz 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If prior to the time of an occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we will also waive any rights we may have against such person or organization. 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. Unintentional Failure to Disclose If you unintentionally fail to disclose all hazards existing at the inception date of this policy we will not deny coverage because of such failure. However this does not affect our right to collect additional premium or to exercise our right of cancellation or non renewal. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. This condition is amended where necessary to comply with the applicable state law regarding nonrenewal. AGR CU 2001 07 11 Page 20 of 20 | 1 |
Allianz Global Risks SCHEDULE OF UNDERLYING INSURANCE Itis agreed that this policy is excess over all insurance policies or self insured retentions including any renewal or replacements thereof as scheduled below. Insurer Policy Number Policy Period Coverages Limits Co Allianz Global Risks US Insurance Company Policy USL00087519 Policy Period 08312019 to 08312020 Commercial General Liability including Products Completed Operations Employee Benefits Liability Retroactive Date August 312012 Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 1000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 Excess of the following Self Insured Retentions Products Completed Operations 100000 Each Occurrence Other than Products Completed Operations 25000 Each Occurrence Each Employee 1000000 Aggregate 1000000 Co Trumbull Insurance Company Policy 37 UEN ZT4255 Policy Period 08312019 to 08312020 Commercial Automobile Liability Bodily Injury or Property Damage Liability Combined Single Limit 1000000 Co Twin City Fire Insurance Company Policy 37 WE 1D4233 Policy Period 08312019 to 08312020 Employers Liability CT OH MA Coverage B Employers Liability Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit Co Hartford Underwriters Insurance Company Policy 37 WE 1D4233 Policy Period 08312019 to 08312020 Employers Liability NJ NC Coverage B Employers Liability Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit Injury Limit ompleted Operations following Self Insured pleted Operations ability 1000000 T OH MA NJ NC AGR CU 1501 02 13 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION INTERCOMPANY PRODUCTS SUITS This insurance does not apply to any claim for damages by any named insured against another named insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. All other terms and conditions remain unchanged. AGR CU 5003 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage arising out of the rendering or failure to render any professional services. personal injury or advertising injury All other terms and conditions remain unchanged. AGR CU 5010 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION AIRCRAFT OR WATERCRAFT LIABILITY Exclusion V.J. Aircraft or Watercraft is replaced by the following This insurance does not apply to J. Aircraft or Watercraft 1. Watercraft Bodily injury property damage personal injury or advertising injury arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to watercraft less than 26 feet long to the extent that valid scheduled underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft. This exclusion does not apply to bodily injury or property damage arising out of your use of industrial aid aircraft. However the Retained Limit with respect to bodily injury or property damage arising out of industrial aid aircraft will be the greater of a. The sum of all applicable limits of insurance under all underlying insurance or b. 1 50000000 each occurrence if the occurrence involves an industrial aid aircraft that is owned by you or 2 25000000 each occurrence if the occurrence involves an industrial aid aircraft that is not owned by you. For the purposes of this exclusion industrial aid aircraft means an aircraft that a. s used principally for the transportation of your executive officers employees temporary workers and invited guests and b. Has a seating capacity exclusive of cockpit crew but inclusive of cabin crew of no more than 20 persons whether or not all such seats are occupied. Industrial aid aircraft does not include any aircraft that is a. Used by an insured for any commercial or charter passenger or cargo airline service any flight school or aviation training business or any other operations for which an insured receives compensation other than cost reimbursement AGR CU 5015 01 04 Page 1 of 2 | 2 |
Allianz Global Risks Held for sale lease charter or delivery by an insured in the business of manufacture sale lease or charter of aircraft Used for product testing or demonstration purposes Temporarily in the care custody or control of an insured in the business of servicing maintaining fueling testing or storing aircraft. All other terms and conditions remain unchanged. AGR CU 5015 01 04 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number USL00087619 Effective Date August 31 2019 EXCLUSION ELECTROMAGNETIC RADIATION This insurance does not apply to bodily injury property damage personal injury or advertising injury that arises out of the actual alleged or threatened existence discharge dispersal emission release or escape of or exposure to or contact with Electromagnetic Radiation. This exclusion applies only to your products shown in the Schedule below. For the purposes of this exclusion Electromagnetic Radiation means magnetic energy waves fields or forces that are generated produced distributed transmitted or maintained by electrical charges currents frequencies energy or forces. SCHEDULE Designated Products Cellular phones andor related devices All other terms and conditions remain unchanged. AGR CU 5019 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION TOBACCO AND TOBACCO PRODUCTS This insurance does not apply to 1. Any liability in whole or in part arising out of or in any way related to the existence presence manufacture processing handling sale distribution ingestion inhalation exhalation absorption consumption use of or exposure to Tobacco or Tobacco Products including but not limited to a. b. c. Any material or substance which is contained in or which forms a part of any Tobacco Product Any by products of Tobacco or Tobacco Products Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with Tobacco or Tobacco products or Any act error omission or other conduct committed in the course of advertising or promoting Tobacco or Tobacco products. Any injury to any person caused or aggravated by anything described in Paragraph 1. above or to which anything described in Paragraph 1. above has contributed. For the purposes of this exclusion 1. 2. Tobacco includes but is not limited to a. b. Tobacco in any form whether or not contained in or incorporated into products or goods or Tobacco smoke or fumes including second hand smoke. Tobacco Products means any products or goods that contain Tobacco. All other terms and conditions remain unchanged. AGR CU 5026 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION FUEL OXYGENATES This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of water soluble or miscible liquids used or intended for use in gasoline or other petroleum products including but not limited to MTBE methyl tertiary butyl ether. All other terms and conditions remain unchanged. AGR CU 5028 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION FUNGI OR BACTERIA This insurance does not apply to 1. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage 2. Personal injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or 3. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Paragraph 1. of this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consumption. For the purposes of this exclusion fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All other terms and conditions remain unchanged. AGR CU 5031 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION LEAD This insurance does not apply to bodily injury property damage personal injury or advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or products containing lead. All other terms and conditions remain unchanged. AGR CU 5036 01 04 Page 1 of 1 | 2 |
Allianz Policy Number USL00087619 Effective Date August 31 2019 SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY. The following exclusion is added to the Exclusions Section This insurance does not apply to Silica or Silica Related Dust a. Bodily injury property damage personal injury or advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity.. The following definitions are added to the Definitions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions remain unchanged. AGR CU 5038 07 11 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00087619 Effective Date August 31 2019 Exclusion Persistent Organic Pollutants This endorse modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to any injury damage liability loss cost or expense in whole or in part caused by resulting from arising out of or in any way related to polychlorinated biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene including but not limited to 1. The manufacture sale distribution handling use installation removal abatement containment storage emission release inhalation ingestion absorption or transmission of or exposure to polychlorinated biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene 2. Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with polychlorinated biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene 3. Any request demand or order that any insured or others test for monitor clean up remove contain treat detoxify remediate neutralize or in any way respond to or assess the extent or the effects of polychlorinated biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene or 4. Any claim suit or proceeding for damages because of testing for monitoring cleaning up removing containing treating detoxifying remediating neutralizing or in any way responding to or assessing the effects of polychlorinated biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene. All other terms and conditions remain unchanged. AGR CU 5040 07 11 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00087619 Effective Date August 31 2019 EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY A. The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. AGR CU 5043 01 15 Page 10f2 Page 1 of 2 | 2 |
Allianz Global Risks B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal injury and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act as amended. The federal Terrorism Risk Insurance Act sets forth the following criteria for a certified act of terrorism a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. All other terms and conditions remain unchanged. AGR CU 5043 01 15 Page 2 of 2 | 2 |
Allianz Global Risks EMPLOYEE BENEFITS LIABILITY FOLLOW FORM ENDORSEMENT CLAIMS MADE VERSION THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY A. The following exclusion is added to Section V EXCLUSIONS EMPLOYEE BENEFITS LIABILITY This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of any negligent act error or omission of the insured or of any other person for whom the insured is legally liable that is committed in the administration of your Employee Benefit Program. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee benefits liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. However 1. Employee Benefits Liability coverage provided by this insurance will not be broader than coverage provided by the scheduled underlying insurance and 2. This insurance applies to damages only if a. The act error or omission did not take place before the Retroactive Date if any shown for Employee Benefits Liability Coverage in the scheduled underlying insurance nor after the end of our policy period and A claim for damages because of an act error or omission is first made against any insured during our policy period or an Extended Reporting Period if any provided by the Employee Benefits Liability Coverage of the scheduled underlying insurance. A claim seeking damages will be deemed to have been made at the times specified in the Employee Benefits Liability Coverage of the scheduled underlying insurance. B. For the purposes of this endorsement 1. Administration means the following to the extent authorized by you a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Employee benefit program means Group Life Insurance Group Accident or Health Insurance Pension Plans Employee Stock Subscription Plans Worker s Compensation Unemployment Insurance Social Security and Disability Benefits. All other terms and conditions remain unchanged. AGR CU 4001 01 04 Page 1 of 1 | 2 |
Allianz Global Risks LIMITS INCLUSIVE OF SETTLEMENT COSTS ENDORSEMENT THE LIMITS OF INSURANCE OF THIS POLICY ARE REDUCED BY THE PAYMENT OF SETTLEMENT COsTS PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY 1. Duty to Defend Paragraph A. of Section Il Defense is amended as follows Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments settlements or settlement costs. 2. Supplementary Payments The last sentence of Paragraph 1. of Section II.B. Supplementary Payments is replaced by the following Any payments we make are settlement costs and will reduce the applicable limits of insurance. 3. Limits of Insurance Paragraphs B. C. and D. of Section lll Limits of Insurance are replaced by the following B. The General Aggregate Limit is the most we will pay for the sum of 1. All damages to which this insurance applies and 2. All settlement costs related to such damages. However the General Aggregate Limit does not apply to 1. Damages and related settliement costs because of bodily injury or property damage a. Included in the products completed operations hazard or b. Arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance. C. The Products Completed Operations Aggregate Limit is the most we will pay for damages and related settlement costs because of bodily injury and property damage included in the products completed operations hazard. D. Subject to B. or C. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages and related settlement costs under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence. 4. Additional Defi The following is added to Section IV Definitions Settlement costs means all costs expenses and interest we pay with respect to 1. The investigation or settlement of any claim made against an insured or 2. The defense of any suit brought against an insured or 3. The appeal of any judgment against an insured. on All other terms and conditions remain unchanged. AGR CU 5501 01 04 Page 1 of 1 | 2 |
Allianz Global Risks LIMITS OF LIABILITY AMENDATORY ENDORSEMENT Paragraphs B. C. D. and E. of Section Il Limits of Insurance are replaced by the following B. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies except 1. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance. C. The Products Completed Operations Aggregate Limit does not apply and all damages because of bodily injury and property damage included in the products completed operations hazard are subject to the General Aggregate Limit described in Paragraph B. above. D. Subject to B. above the Each Occurrence Limit is the most we will pay for the sum of all damages under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence. E. The General Aggregate Limit described in Paragraphs B. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. All other terms and conditions remain unchanged. AGR CU 5504 01 04 Page 1 of 1 | 2 |
Allianz Policy Number USL00087619 Effective Date August 31 2019 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to SECTION COVERAGE H. CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION SCHEDULE A Crisis Management Limits of Insurance Coverage A Crisis Management Response Costs Limit of 250000 Each Crisis Management Event Insurance 250000 Aggregate Coverage B Crisis Management Loss Limit of Insurance 50000 Each Crisis Management Event 50000 Aggregate SCHEDULE B Approved Crisis Management Firms Refer to AGRL CU 1601 Schedule of Approved Crisis Management Firms attached. Or contact Allianz Global Risk Insurance Company Liability Claims Dept. 225 W. Washington Street Suite 1800 Chicago IL 60605 Phone Number 1.800.211.6647 Or fill out the on line claims reporting form available at www.agcs.allianz.comglobalofficesunitedstates Risk Insurance Company ns Dept. ington Street Suite 1800 0605 er 1.800.211.6647 SCHEDULE C Additional Key Executives unless listed below AGRL CU 2002 01 13 Page 1 of 3 | 2 |
Allianz 1. INSURING AGREEMENT CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS Crisis Management Response Costs We will pay Crisis Management Response Costs on behalf of the Named Insured regardless of fault arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Response Costs Limit of Insurance. Crisis Management Loss We will pay Crisis Management Loss on behalf of the Named Insured arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Loss Limit of Insurance. A Crisis Management Event will be deemed to commence at the time when a Key Executive first becomes aware of a Crisis Management Event and will end when we determine that a crisis no longer exists or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever comes first. There will be no Retained Limit applicable to Crisis Management Response Costs or Crisis Management Loss. Any payment of Crisis Management Response Costs or Crisis Management Loss that we make under the coverage provided by this endorsement will not be an acknowledgement of coverage under any other part of this policy nor does it create any duty to defend any suit under any other part of this policy. 2. LIMITS OF INSURANCE The Crisis Management Response Costs Limit of Insurance is the most we will pay for all Crisis Management Response Costs under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Response Costs Limit of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. The Crisis Management Loss Limit of Insurance is the most we will pay for all Crisis Management Loss under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Loss Limits of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. We will have no obligation to pay Crisis Management Response Costs when we determine that a Crisis Management Event has ended or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever occurs first. The Crisis Management Limits of Insurance in Schedule A of this endorsement apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of our policy period shown in the Declarations. If our policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed to part of the last preceding period for purposes of determining the Crisis Management Limits of Insurance of this endorsement. 3. DEFINITIONS For the purpose of this endorsement only SECTION VI DEFINITIONS is amended to include the following definitions Crisis Management Event means an occurrence that triggers significant adverse regional or national media coverage that in the good faith opinion of a Key Executive of the Named Insured has or may result in damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance. Crisis Management Event includes man made disasters such as explosions major crashes multiple deaths burns dismemberment traumatic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that they result from an occurrence. AGRL CU 2002 01 13 Page 2 of 3 | 2 |
Allianz Crisis Management Firm means any firm approved by us and shown in Schedule B Approved Crisis Management Firms of this endorsement which is hired by you to perform Crisis Management Services in connection with a Crisis Management Event. Crisis Management Loss means the following amounts incurred during a Crisis Management Event 1 Amounts for the reasonable and necessary fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Named Insured solely arising from a covered Crisis Management Event and 2 Amounts for reasonable and necessary printing advertising or mailing of materials or travel by directors officers employees or agents of the Named Insured or a Crisis Management Firm incurred at the direction of a Crisis Management Firm solely arising from a covered Crisis Management Event. Crisis Management Services means those services performed by a Crisis Management Firm in assisting the Named Insured in minimizing the potential harm to the Named Insured from a covered Crisis Management Event by maintaining and restoring public confidence in the Named Insured. Crisis Management Response Costs mean the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and are associated with damages that would be covered by this policy 1 Medical Expenses 2 Funeral Expenses 3 Psychological counseling 4 Travel Expenses 5 Temporary Living Expenses 6 Expenses to secure the scene of a Crisis Management Event and 7 Any other expenses pre approved by us. Crisis Management Response Costs does not include defense costs or Crisis Management Loss. Crisis Management Response Costs Sub limits of Insurance means the Crisis Management Response Costs Limit of Insurance shown in Schedule A of this endorsement. Crisis Management Loss Limit of Insurance means the Crisis Management Loss Limit of Insurance shown in Schedule A of this endorsement. Key Executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the Named Insured is a partnership of the Named Insured or sole proprietor if the Named Insured is a sole proprietorship. A Key Executive also means any other person holding a title designated by you and approved by us which title is shown in Schedule C Additional Key Executives of this endorsement. All other terms and conditions remain unchanged. AGRL CU 2002 01 13 Page 3 of 3 | 2 |
Allianz Policy Number USL00087619 Effective Date August 31 2019 SCHEDULE OF APPROVED CRISIS MANAGEMENT FIRMS THIS SCHEDULE FORMS A PART OF ENDORSEMENT AGRL CU 2002 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT ATTACHED TO THIS POLICY. Approved Crisis Management Firms HILL KNOWLTON STRATEGIES 24 Hour North America Crisis Help Line 1 212 885 0306 US LEAD WESTERN US Kevin Elliott SVP Larry Krutchik SVP 60 Green Street 6300 Wilshire Boulevard 10 Floor San Francisco CA 94111 Los Angeles CA 90048 Direct 415.281.7150 310.633.9428 Mobile 415.307.1252 818.406.6068 Kevin.Elliotthkstrategies.com Larry.Krutchikhkstrategies.com EASTERN US CENTRAL US Nancy Fitzsimmons SVP Michelle McKenna VP 466 Lexington Avenue 4th Floor 500 W. 5th Street Suite 1000 New York New York 10017 Austin Texas 78701 Direct 212.885.0356 Direct 202.427.6042 Mobile 908.433.6161 Mobile 202.427.6042 Nancy.Fitzsimonshkstrategies.com Michelle.McKennahkstrategies.com CANADA LEAD CANADA Jane Shapiro SVP Sarah Andrewes VP 160 Bloor Street East Suite 800 160 Bloor Street East Suite 800 Toronto Ontario M4W 3P7 Canada Toronto Ontario M4W 3P7 Canada Direct 416.413.4770 Direct 416.413.4605 Mobile 416.457.1429 Mobile 416.209.1507 Jane.Shapirohkstrategies.com Sarah.Andreweshkstrategies.com CANADA CANADA Jason MacDonald VP Joy Jennisson Chief Client Officer CCO 55 Metcalfe Street Suite 1100 1350 355 Burrard Street Ottawa Ontario K1P 6L5 Canada Vancouver British Columbia V6C 2G8 Canada Direct 613.786.9943 Direct 604.692.4224 Mobile 613.786.9943 Mobile 604.787.4144 Jason.MacDonaldhkstrategies.com Joy.Jennissonhkstrategies.com Kevin R. Elliott and Jane Shapiro should be the first contact in the United States and Canada respectively. Approved Crisis Management Firms shall also include a firm other than one shown above provided you notify us of your intent to hire such firm and we approve. Approval shall be deemed granted if we do not notify you of our disapproval within 3 business days of receiving the notice of your intent. nan nan nan nan 1111.0 ird 10 Floor 3 8 3 th Floor 17 nan nan nan nan 11000.0 t Suite 800 W 3P7 Canada uite 800 3P7 Canada 1100 Canada it Officer CCO bia V6C 2G8 Canada AGRL CU 1601 07 17r Page 1 of 1 | 2 |
Allianz Policy Number USL00087619 Effective Date August 31 2019 LIMITATION ENDORSEMENT ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE This policy is amended as follows SECTION V EXCLUSIONS is amended to include the following Access or Disclosure of Confidential or Personal Information and Data Related Liability Damages for bodily injury property damage personal injury or advertising injury arising out of 1. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses crisis management response costs or crisis management loss or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1. or 2. above. However this exclusion does not apply to the extent that coverage for such bodily injury property damage personal injury or advertising injury is provided by scheduled underlying insurance. AGRL CU 5018 05 14 Page 1 0f 1 | 2 |
Allianz Global Risks Policy Number USL00087619 Effective Date August 31 2019 Exclusion Discrimination This endorsement modifies insurance provided under the following Commercial Umbrella Coverage Form This policy is amended as follows This insurance does not apply to Bodily Injury or Personal Injury resulting from or as a consequence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities characteristics or condition or mental capabilities or condition. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FORMALDEHYDE EXCLUSION This insurance does not apply to any liability arising in whole or in part out of or in any way related to Formaldehyde. As used in this exclusion the term Formaldehyde includes but is not limited to formaldehyde formaldehyde products and formaldehyde contained in any products or materials. All other terms and conditions remain unchanged. AGR IL M002 11 03 Page 1 of 1 | 2 |
nan nan nan nan 2.9420130008130003e17 Libe Muturylm Liberty Mutual Group Boston COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Policy Number TH7 Z291 457759 063 Renewal of TH7 291 457759 062 Producer LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Item 1. Named Insured and Mailing Address Treadwell Enterprises Inc 3880 W Battlefield Springfield MO 65807 The Named Insured is Corporation Business of the Named Insured is Eating places Item 2. Policy Period 1012013 to 1012014 at 1201 AM. standard time at above mailing address. Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 15000000 General Aggregate Limit 15000000 Products Completed Operations Aggregate Limit 15000000 Item 4. Self Insured Retention Each Occurrence 10000 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 61766 Terrorism Risk Insurance Act 1544 Total Advance Premium 63310 16986 Minimum Premium Issued by Liberty Insurance Corporation 175 Berkeley St. Boston MA 02117 617 357 9500 Issued Code Number Account Number Sub Account Number JAD 10142013 99935 9 457759 0001 LCU 00021110 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 | 2 |
nan nan nan nan 2.9420130008130003e17 Item 6. Underlying insurance ICoverage Insurer Limits of Insurance Policy Period Policy Number Employers Liability Berkshire Hathaway Homestate 1000000 By Accident Each Accident ICompanies. 1000000 By Disease Policy Limit 1012013 to 1012014 1000000 By Disease Each Employee INYW001281 Auto Liability Employers Insurance Company of 81000000 CSL ausau 1012013 to 1012014 SC291 457759 023 IGeneral Liability LM Insurance Corporation 11000000 Each Occurrence 1012013 to 1012014 2000000 General Aggregate B5 291 457759 033 12000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Liquor Liability Liberty Mutual Fire Insurance 2000000 Aggregate ICompany 1000000 Each Common Cause 1012013 to 1012014 T02 291 457759 053 These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule ps Countersigned by Mb.mw Authorized Company Representative 2010 Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 LCU 00021110 | 2 |
nan nan nan nan 2.9420130008130003e17 SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name Endorsement Number LCU 0002 11 10 LCU 9905 11 10 LCU 21191110 LCU 21471110 LCU 240911 10 LCU2509 11 10 LCU 04110112 LCU20011013 LCU21731013 LCU 21741013 LCU02191110 LCU 04 04 11 10 LCU 04 08 11 10 LCU 040911 10 LC 2109 06 07 LC 212506 07 LC 21 64 08 07 LC 24 07 08 07 LCU 2909 11 10 CU 21 56 06 06 CU21621206 CU 21631206 CuU01610108 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Silica or Silica Refated Dust Exclusion Damage First Occurring Prior to Policy Period Exclusion Foreign Liability Limitation Non Cumulation of Liability Same Occurrence Crisis Management Coverage Additional Insured Limitation Personal And Advertising Injury Exclusion Amendment Liquor Liability Exclusion Amendment Missouri Changes Cancellation and Non Renewal Employee Benefits Liability Coverage Limitation Professional Health Care Services By Employees Coverage Bodily Injury to Co Employee Coverage Designated Ongoing Operations Exclusion Designated Work Exclusion Land or Earth Movement Exclusion Waiver Of Subrogation Products Completed Operations Hazard Redefined Auto Exclusion of Terrorism Coverage Oklahoma Auto Exclusion of Terrorism Coverage Underlying Auto Coverage Excludes Terrorism Above Minimum Statutory Limits Washington Auto Exclusion of Terrorism Coverage Arkansas Exclusion of Punitive Damages Related to a Certified Act CU 21631206 CuU01610108 nan nan nan nan 21.0 Pagelof2 For attachment to TH7 291 457759 063 | 2 |
nan nan nan nan 2.9420130008130003e17 CU 01670108 CU 21300108 CU 21360108 LCU 60011110 LCU 00011110 SNI900211 10 SNI 90010910 LIL 900506 13 of Terrorism Alaska Exclusion of Punitive Damages Related to a Certified Act of Terrorism Cap on Losses from Certified Acts of Terrorism Exclusion of Punitive Damages Related to a Certified Act of Terrorism Underlying Coverage Warranty For Certified Acts Of Terrorism Commercial Liability Umbrella Coverage Form Policy Holder Disclosure TRIA Policyholder Notice Company Contact Information Participating Provision CU 01670108 nan nan nan nan 23.0 CU 21300108 CU 21360108 nan nan nan nan 24.0 nan nan nan 25.0 Page 2 0f 2 For attachment to TH7 291 457759 063 | 2 |
nan nan nan nan 2.9420130008130003e17 Policy Number TH7 291 457759 063 Endorsement 1 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 1 End. Eff. Date DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Extension of item 1. Named Insured of the Declarations First Named Insured Treadwell Enterprises inc Additional Named Insureds Great Lakes Restaurants LLC RT s of Oklahoma LLC Southeast Restaurants Inc. Treadwell Restaurants of AL LLC Treadwell Grills of North Carolina LLC Treadwell Grills of South Carolina Il LLC Treadwell Grills of Tulsa LLC Treadwell Restaurants of GL LLC Treadwell Restaurants of LA LLC Treadwell Restaurants of OK Inc. Treadwell Restaurants of the Northeast Inc. Treadwell Restaurants of TX LLC 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 99051110 Page 1 0of 1 | 2 |
nan nan nan nan 2.9420130008130003e17 Policy Number TH7 291 457759 063 Endorsement 2 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 2 End. Eff. Date SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Silica or Silica Related Dust 1 Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2 Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. 4 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of sitica or silica related dust by any insured or by any other person or entity. B. The following definitions are added to SECTION V DEFINITIONS a. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. b. Silica related dust means a mixture or combination of sifica and other dust or particles. LCU 21 191110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
nan nan nan nan 2.9420130008130003e17 Endorsement 3 End. Eff. Date Policy Number TH7 Z91 457759 063 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the mjury or damage first occurred prior to the effective date of this policy. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21471110 Page 1 of 1 | 2 |
nan nan nan nan 2.9420130008130003e17 Policy Number TH7 291 457759 063 Endorsement 4 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 1.c.2 of SECTION I COVERAGES is deleted. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Foreign Liability Bodily injury property damage or personal and advertising injury caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. This exclusion does not apply if the bodily injury property damage or personal and advertising injury is covered by underying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 1 of 1 LCU 240811 10 | 2 |
nan nan nan nan 2.9420130008130003e17 y Number TH7 291 457759 063 Endorsement 5 ed by LIBERTY INSURANCE CORPORATION End. Eff. Date THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number TH7 Z91 457759 063 Issued by LIBERTY INSURANCE CORPORATION NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Hl LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 5. of SECTION Iil LIMITS OF INSURANCE is replaced by the following The aggregate Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LCU 25091110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
nan nan nan nan 2.9420130008130003e17 Policy Number TH7 291 457759 063 Issued by LIBERTY INSURANCE CORPORATION Endorsement 6 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 50000.. Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 A. The following is added to SECTION COVERAGES COVERAGE CRISIS MANAGEMENT 1. Insuring Agreement We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. But a. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in a crisis management event 3 You notify us by telephone at the number listed for Liberty Mutual Ciaims as shown in the Schedule above within 72 hours of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 90 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 90 days after incurring such crisis management expenses. LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 1 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 | 2 |
nan nan nan nan 2.9420130008130003e17 b. We will have no duty under this Crisis Management Coverage to defend the insured against any suit seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obiigations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. 2. Exclusions This coverage does not apply to Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the crisis management event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or lllnesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. B. SECTION Ill LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expense to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims or bringing suits. C. The following is added to SECTION V DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy LCU 04 110112 2012 Liberty Mutual Group of Companies. All rights Page 2 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
nan nan nan nan 2.9420130008130003e17 b. A building structure or equipment collapse not caused by an act of nature c. An automobile watercraft or aircraft accident d. Spread of food borne illnesses or e. An explosion that a key executive reasonably believed in good faith has resulted or may resutt in a. Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies and b. Significant adverse regional or national media coverage about you. 2. Crisis management expenses a. Means the following reasonable and necessary fees and expenses following an insured crisis event 1 2 5 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by your own public refations vendor that you currently hold on retainer for providing pubtic relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you. Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. Expenses you advance to third parties directly harmed by the insured crisis event. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. b. Does not include M 3 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary refief. Any expenses you incur in the investigation defense or settiement of a claim or for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. The base salaries or wages of any of your employees. 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 LCU 04 11 01 12 | 2 |
nan nan nan nan 2.9420130008130003e17 3. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by the insured at the time of the Crisis Management Event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to. employ termination or any other practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. Key executive means Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraph a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officers officials directors trustees or commissioners that is responsible for insurance matters. D. The following is added to SECTION IV CONDITIONS Duties In the Event of a Crisis Management Event 1. In the event you do not have your own public relations or crisis management firm available on retainer and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone numbers listed in the Schedule within 72 hours of a crisis management event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage LCU04110112 2012 Liberty Mutual Group of Companies. All rights Page 4 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 2.9420130008130003e17 determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. in the event you choose to use your own public relations or crisis management vendor that you currently hold on retainer or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 72 hours of a crisis management event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the crisis management event took place b. The names and addresses of any affected parties and witnesses and c. The nature and location of any injury or damage arising out of the crisis management event. 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 LCu 04110112 | 2 |
nan nan nan nan 2.9420130008130003e17 cy Number TH7 291 457759 063 Endorsement 7 ed by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number TH7 Z91 457759 063 Issued by LIBERTY INSURANCE CORPORATION ADDITIONAL INSURED LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.e of SECTION Il WHO IS AN INSURED is replaced by the following e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the minimum amount of insurance 1. Required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of insurance shown in the Declarations. Page 1 of 1 2013 Liberty Mutual Insurance. Ali rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 20011013 | 2 |
nan nan nan nan 2.9420130008130003e17 Endorsement 8 End. Eff. Date Policy Number TH7 291 457759 063 Endorsement 8 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PERSONAL AND ADVERTISING INJURY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraphs q.2 and 3 of 2. Exclusions of SECTION COVERAGES are replaced by the following 2 Arising out of the oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of the oral or written publication in any manner of material whose content in the same or substantially the same form was published in any manner before the beginning of the policy period 2013 Liberty Mutual insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 1 LCU 21731013 | 2 |
nan nan nan nan 2.9420130008130003e17 Endorsement 9 End. Eff. Date Policy Number TH7 291 457759 063 Endorsement 9 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.c. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcoho or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is by itself considered the business of selling serving or furnishing alcoholic beverages. LCU 21741013 2013 Liberty Mutual Insurance. All rights reserved. Includes Page 1 of 1 copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 2.9420130008130003e17 Endorsement 10 End. Eff. Date Policy Number TH7 291 457759 063 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NON RENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 10. of SECTION IV CONDITIONS is amended as follows Paragraph b. is replaced by the following b. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at ieast 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium 2 30 days before the effective date of cancellation if cancellation is for one or more of the following reasons a Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this policy b Changes in conditions after the effective date of this policy which have materially increased the risk assumed c We become insolvent or d We involuntarily lose the reinsurance for this policy or 3 60 days before the effective date of cancellation if we cancel for any other reason. Paragraph f. is replaced by the following f. 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 non renewal not less than 60 days before the expiration date. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 Lcuo02 191110 | 2 |
nan nan nan nan 2.9420130008130003e17 cy Number TH7 291 457759 063 Endorsement 11 ed by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ If CAREFULLY. Policy Number TH7 Z91 457759 063 Issued by LIBERTY INSURANCE CORPORATION EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Umbrella Retroactive Date 10012012 Underlying Insurance Employee Benefits Liability Coverage Limits of Insurance 1000000 Each Employee 2000000 Aggregate Retroactive Date 10012012 Insurer LM Insurance Corporation Policy Number TB5 291 457759 033 Policy Period 10012013 to 10012014 A. If the Underlying Insurance listed in the Schedule provides liability coverage for damages because of any act error or omission negligently committed in the administration of employee benefit programs we will follow the terms definitions conditions and exclusions of the Underlying Insurance listed in the Schedule subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will not be broader than the coverage provided by the Underlying Insurance listed in the Schedule. Coverage provided under this endorsement is subject to and will reduce the limits of insurance shown in the Declarations. For the purposes of this endorsement the Each Occurrence Limit is the most we will pay for the sum of damages arising out of 1. An act error or omission or 2. A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. B. This insurance for damages because of any act error or omission negligently committed in the administration of employee benefit programs applies only if 1. The act error or omission did not take place before the Retroactive Date if any listed in the Schedule nor after the end of the policy period and 2. A claim for damages because of an act eror or omission is first made against any insured in accordance with Paragraph C. below during the policy period or an Extended Reporting Period we provide under Paragraph E below. LCu 0404 11 10 2010 Liberty Mutual Group of Companies. Al rights Page 10of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 3 | 2 |
nan nan nan nan 2.9420130008130003e17 C. A claim seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such claim is received and recorded by any insured or by us whichever comes first or When settlement is made in accordance with this policy or the Underlying Insurance listed in the Schedule. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. You must see to it that we are notified promptly of an act error or omission which may result in a claim. D. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. E. Extended Reporting Period 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date listed in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any listed in the Schedule. Once in effect the Extended Reporting Period may not be canceled. An Extended Reporting Period of three years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and Page 2 of 3 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04041110 | 2 |
nan nan nan nan 2.9420130008130003e17 d. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 4. The Extended Reporting Period does not reinstate or increase the limits of insurance applicable to any claim to which this endorsement applies. F. For the purposes of this endorsement 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the resuit of an act error or omission. 4. Employee benefit program means a program providing some or alt of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits and d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. LCU 040411 10 2010 Liberty Mutual Group of Companies. All rights Page 3 of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 LCU 04041110 | 2 |
nan nan nan nan 2.9420130008130003e17 Endorsement 12 End. Eff. Date Policy Number TH7 291 457759 063 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.a.1d of SECTION ll WHO IS AN INSURED is replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury and personal and advertising injury i Which arises out of the providing of or failure to provide professional health care services and i Which occurs in the course of and within the scope of such employee s employment by the Named Insured. B. With respect to employees providing professional health care services the following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Professional Health Care Services by Employees Any bodily injury or personal and advertising injury arising out of 1 Liability assumed under an insured contract or any other contract or agreement 2 Liability arising out of the providing of professional health care services in violation of law 3 Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics 4 Liability arising out of any dishonest fraudutent malicious or knowingly wrongful act or failure to act or 5 Punitive or exemplary damages fines or penalties. LCU 04081110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
nan nan nan nan 2.9420130008130003e17. The following definition is added to SECTION V DEFINITIONS Designated health care provider means any employee of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. LCU 04081110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
nan nan nan nan 2.9420130008130003e17 Endorsement 13 End. Eff. Date Policy Number TH7 Z91 457759 063 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY TO CO EMPLOYEE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 2.a.1a of SECTION Il WHO IS AN INSURED does not apply to bodily injury that is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. The insurance provided by this endorsement for bodily injury to a coemployee or volunteer worker will not apply If the injured coemployee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 04091110 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ONGOING OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Designated Ongoing Operations Construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single family dwellings tract homes apartments townhomes condominiums duplexes or triplexes or any mixed use structures with a residential component. The list of residential structures in the preceding sentence will not be interpreted to include hotels motels assisted senior living nursing homes college campus dormitories or government housing on military bases. Specified Location If Applicable This insurance does niot apply to bodily injury property damage or personal and advertising injury arising out of the ongo ing operations descrbed in the Schedule of this endorsement regardless of whether such operations ate conducted by you or on your behalf or whether the operations ate conducted for yourself or for others. Unless a location is specified in the Schedule this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific location is designated in the Schedule of this endorsement this exclusion applies only to the described ongoing operations conducted at that location. For the puzpose of this endorsement location means premises involving the same or connecting lots or premises whose con nection is interrupted only by a street roadway waterway or right of way of a railroad. This endorsement is exccuted by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. THY Z91 457759 063 Audit Basis Issued To Tt b Ly et 7y Countersigned by Sales Office and No. Authorized Representatve End. Serial No. 14 Issued Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LC 2109 06 07 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED WORK EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of your work Construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single family dwellings tract homes apartments townhomes condominiums duplexes or triplexes or any mixed use structures with a residential component. The list of residential structures in the preceding sentence will not be interpreted to include hotels motels assisted senior Living mrursing homes college campus dormitories o1 government housing on military bases. This insurance does not apply to 1. bodily injury or property damage included in the products completed operations hazard or 2. personal and advertising injury arising out of your work shown in the Schedule. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 Z91 457759 063 Audit Basis Issued To Thwder Ua o 7oy rnsioNT Countersigned by Authorized Represenmatve Sales Office and No. End. Serial No. 15 Includes copyrighted material of Insurance Services Office Inc. with its Page 1 of 1 permission. Issued LC 21250607 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND OR EARTH MOVEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to bodily injury property damage or personal or advertising injury directly or indirecdy caused by asising out of relating to resulting from attributable to contributing to or aggravated by any actual or alleged land or carth movement. Land or earth movement means movement in any direction including but not limited to instability rising upheaval expansion settling sinking shrinkage slipping falling away tilting caving in eroding shifting in a horizontal or sideways direction mud flow mudslide volcanic eruption ot earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. This endorsement s exccuted by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 Z91 457759 063 Audit Basis Issued To ot L Loy Lot A7 Countersigned by Sales Office and No. Authorized Representatve End. Serial No. 16 Tssued Page 1 of 1 LC 21640807 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following We waive any sight of recovery we may have against any person or organization with whom you have agreed in writing prior to an occurrence to waive your rights because of payments we make for injury or damage arising out of your ongomg operations or youx work don under a contract with that person or organization and included in the products completed operations hazard This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 Z91 457759 063 Audit Basis Issued To Wi bl 7 t Countersigned by Sales Office and No. Authorized Represenmatve End. Serial No. 17 Issued LC 240708 07 Page 10f 1 | 2 |
nan nan nan nan 2.9420130008130003e17 Policy Number TH7 291 457759 063 Issued by LIBERTY INSURANCE CORPORATION Endorsement 18 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Description of Premises and Operation All locations owned or operated by you where your products are sold for consumption on or off your premises With respect to bodily injury or property damage arising out of your products manufactured sold handied or distributed 1. On from or in connection with the use of any of your premises described in the Schedule or 2. In connection with the conduct of any of your operations described in the Schedute when conducted by you or on your behalf Paragraph a. of the definition of products completed operations hazard in SECTION V DEFINITIONS is replaced by the following Products completed operations hazard a. Includes all bodily injury and property damage that arises out of your products if the bodily injury or property damage occurs after you have relinquished possession of those products. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Lcu2g091110 Page 1 of 1 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART 2. Any injury or damage means any injury or A. The provisions of this endorsement damage covered under any Coverage Part or 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily underlying insurance to which this endorse ment is applicable and includes but is not lii ited to bodily injury sonal and advertising environmental damage as may be defined in any applicable Coverage Part or underlying in surance. injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of 1 Use or threat of force or violence or terrorism 2 Commission or threat of a dangerous 1. The terrorism is carried out by means of the act or dispersal or application of radioactive material or through the use of a nuciear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to refease such material or. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or 3 any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate a or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 operty dam maintenance overed auto y other en attached to et to bodily ISO Properties Inc. 2006 Page 1 of 2 CU 21 56 06 06 | 2 |
nan nan nan nan 2.9420130008130003e17 Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.8. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold wili apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 457759 063 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. 19 Issued Page 2 of 2 ISO Properties Inc. 2006 CU 21 56 06 06 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OKLAHOMA AUTO EXCLUSION OF TERRORISM COVERAGE UNDERLYING AUTO COVERAGE EXCLUDES TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The underlying Commercial Auto policy excludes C. The following definitions are added and apply coverage for terrorism with respect to 1. Liability and Personal Injury Protection Cover age and only to the extent that the limit of such coverage exceeds the state compulsory or fi nancial responsibility law minimum fimits for each coverage and 2. Uninsured andor Underinsured Motorists Cov erage and only to the extent that the limit of such coverage exceeds the minimum statutory permitted limits for Uninsured andor Underin sured Motorists Coverage. Those limits are equal to the minimum limits permitted for Liabil ity Coverage. B. The provisions of Sections B. through D. of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 Page 1 0of 2 ISO Properties Inc. 2006 CU 21621206 | 2 |
nan nan nan nan 2.9420130008130003e17 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. D. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardiess of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or This endorsement is exccuted by the LIBERTY INSURANCE CORPORATION Premium Effective Date Espiration Date For attachment to Policy No. TH7 Z91 457759 063 Audit Basis Issucd To 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Muttiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common ieadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph D.5. or D.6. are exceeded. With respect to this Exclusion Paragraphs D.5. and D.8. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance.. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardiess of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Countersigned by Sales Office and No. Authorized Representaave End. Serial No. 20 Issued I1SO Properties Inc. 2006 CU 21621206 Page 2 of 2 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The provisions of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. But this Exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Page 1 of 2 ISO Properties Inc. 2006 CU 21631206 | 2 |
nan nan nan nan 2.9420130008130003e17 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. in the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is exccuted by the LIBERTY INSURANCE CORPORATION Peemium Effective Date Expiration Date For attachment to Policy No. TH7 291 457759 063 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Representadve End. Serial No. 21 Issued IS0 Properties Inc. 2006 Page 2 of 2 CU 21631206 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definitions are added 1. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. 2. Punitive damages mean damages that may be imposed to punish a wrongdoer and to deter others from similar conduct. This endorsement is exccuted by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For amtachment to Policy No. TH7 Z91 457759 063 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Representative End. Serial No. 22 Issued ISO Properties Inc. 2007 Ccu 01610108 Page 1 of 1 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure This insurance does not apply to P N o gty PRy and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu Damages arising out of a certified act of terror lation of the United States or to influence the ism that are awarded as punitive damages. policy or affect the conduct of the United States B. The following definition is added Government by coercion. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Temorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 457759 063 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Representative End. Sesial No. 23 Issued S0 Properties Inc. 2007 Page 1 of 1 CU 01670108 | 2 |
nan nan nan nan 2.9420130008130003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terorism Risk Insur ance Act exceed 100 billion in a Program Year Jan uary 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an Individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 Z91 457759 063 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Represenaive End. Serial No. 24 Page 10f 1 ISO Properties Inc. 2007 CU 21300108 | 2 |
nan nan nan nan 2.9420130008130003e17 THS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. The act is a violent act or an act that is dan This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages.. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to alt types of insurance subject to the Terrorism Risk Insurance Act and gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Espiration Date For attachment to Policy No. TH7 Z91 457759 063 Audit Basis Issued To Ruthoraed Representaive End. Serial No. 25 Countersigned by Sales Office and No. Issued CU 21360108 Page 1 of 1 S0 Properties Inc. 2007 | 2 |
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