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nan nan nan nan 2.9420130008130003e17 Endorsement 26 End. Eff. Date Policy Number TH7 Z91 457759 063 Endorsement 26 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE WARRANTY FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more certified acts of terrorism we will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Declarations under the Schedule of underlying insurance and the applicable limits of any other insurance providing coverage to the Insured during the policy period. If you fait to comply with this Underlying Coverage Warranty for Certified Acts of Terrorism and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this warranty. 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 including all amendments. The federal Terrorism Risk Insurance Act sets forth the following criteria for a certified act of terrorism 1. The act resulted in aggregate losses in excess of 5 million and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This exclusion does not apply to the extent that insurance is provided by a policy listed in the Declarations under the Schedule of underlying insurance and for no broader coverage than is provided by such policy. LCU 60011110 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 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. s 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. First Named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. If not defined in the section in which they first appear refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement a. We will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of 1 Bodily injury 2 Property damage or 3 Personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in SECTION Hi LIMITS OF INSURANCE. b. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when 1 The total applicable limits of underying insurance have been exhausted by payment of judgments or settlements or 2 The damages sought because of bodily injury property damage or personal and advertising injury to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend all or a portion of that suit. Our right and duty to defend any suit including any suit which is pending at the time of exhaustion end when we have exhausted the applicable limit of insurance of this poticy in the payment of judgments or settlements. We may at our discretion investigate any occurrence and settie part or alt of any claim or suit that may result. We have the right but not the duty at our expense to defend any suit or to retain an attorney to associate with the insured or any counsel for the purpose of defending any claim or suit Lcuooo011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 30 | 0 |
nan nan nan nan 2.9420130008130003e17 which we are not obligated to defend but which in our opinion may require payment under this policy. The insured at our request will assist us and cooperate fully in the handling and defense of all claims or suits and in enforcing all rights to salvage contribution subrogation or indemnity that may affect our obligations under this policy. If we have a duty to defend a claim or suit but can not legally do so in the country in which the claim is made or the suit is brought you agree to investigate and defend the claim or suit. You may also settle the claim or suit but only with our prior written consent. Subject to the applicable limits of insurance we will reimburse the insured for our share of any damages or settiement in excess of the retained limit. We will reimburse the insured for our share of the reasonable costs of such investigation and defense. This insurance applies only if 1 The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business during the policy period The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere in the world. 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 and 2 3 Prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of such bodily injury or property damage to us or any other insurer 2 Receives a written or oral demand or claim for damages because of such 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. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 1. of SECTION l WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or LCu 00011110 2010 Liberty Mutual Group of Companies. All rights N reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 resumption of that bodily injury or property damage after the end of the policy period. As used in c.3 d. and e. above an insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. Exclusions This insurance does not apply to a. Expected or Intended injury Bodily injury or property damage arising out of an act that 1 Is intended by the insured or 2 Would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodity injury or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 13 Any statute ordinance or reguiation relating to the sale gift distribution or use of alcoholic beverages. N 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. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation law disability benefits law unemployment compensation law or any similar law. ER.LS.A. Any obligation of the insured under the Employees Retirement Income Security Act E.R.I.S.A and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others including the supervision hiring employment training or monitoring of others by the insured of any auto. Use includes operation and loading or unloading. 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. 2 Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law except to the extent coverage is specifically provided by endorsement to this policy. Employer s Liability Bodily injury to 1 Anemployee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. LCUoo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. This exclusion does not apply however if the bodily injury is covered by underlying insurance. Coverage provided will foliow the terms definitions conditions and exciusions 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 by this policy will be no broader than the coverage provided by underlying insurance. Employment Related Practices Bodily injury or personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termmination 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 bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs 1a 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. Pollution 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged potential or threatened discharge dispersal seepage migration release or escape of pollutants at any time whether included in a product or otherwise. Paragraph 1 of this exclusion does not apply to coverage described in a through e below if the bodily injury or property damage 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. a Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 5 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 b Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of poliutants c Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them but only if the escape of fuels lubricants or other operating fluids occurs at or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations and the fuels lubricants or other operating fluids are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or d Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if e i The poliutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and i The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f2 and f3 of the definition of mobile equipment. 2 Pollution cost or expense. This exclusion i. applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or LCu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. This exciusion does not apply 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. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property a 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 or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4Propery inthe care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or LCU 00 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3. 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A detay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or LCuo00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 dangerous condition in it. Personal and Advertising Injury Personal and advertising injury 1 Arising out of an offense committed by or on behalf of the insured that 2 3 4 5 6 I a Is intended by such insured or b Would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury Arising out of the oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity Arising out of the oral or written publication of material whose content in the same or substantially the same form was published in any medium before the beginning of the policy period Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement Arising out of a Infringement of or any other violation relating to copyright patent trademark service mark trade name trade dress or other intellectual property right b Theft of trade secret c Misappropriation or d False advertising false marking faise designation of origin or authenticity. However this Paragraph 7 does not apply to a Infringement of copyright trade dress or slogan committed in your advertisement b The unauthorized use in your advertisement of another s idea for an advertisement or c Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness 8 Committed by an insured whose business is LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 r. a Advertising broadcasting printing publishing or telecasting b Designing or determining content of websites for others or c An internet search access content or service provider. However this Paragraph 8 does not apply to Paragraphs a. b. and c. of the definition of personal and advertising injury under SECTION V DEFINITIONS. For purposes of this Paragraph 8 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 printing publishing or telecasting 9 Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control 10 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 11 Arising out of a criminal act committed by or at the direction of the insured or 12 Arising out of the actual threatened or potential release disclosure or distribution of personal medical or financial information. Electronic Data Bodily injury property damage or personal and advertising injury arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Asbestos Bodily injury property damage or personal and advertising injury arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. Fungi or Bacteria Bodily injury property damage or personal and advertising injury arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This inciudes but is not limited to 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardiess of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. 2 This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or LCU 0001 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 product intended for humans to eat. u. Nuclear Energy 1 Bodily injury property damage or personal and advertising injury a With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or b Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or i 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 property damage or personal and advertising injury resulting from the hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom b The nuclear material is contained in spent fuel or waste at any time possessed c 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 possessi or Canada this Paragraph c applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion 1 Hazardous properties includes radioactive toxic or explosive properties. 2 Nuclear material means source material special nuclear material or by product material 3 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. 4 Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. 5 Waste means any waste material LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 a 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 b 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. 6 Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium i processing or utilizing spent fuel or iii handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of 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 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7 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. 8 Property damage includes all forms of radioactive contamination of property. Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 w. Drivers Privacy Protection Act Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate the Drivers Privacy Protection Act of 1994 DPPA including any amendment of or addition to such faw. Unlawful Discrimination Bodily injury property damage or personal and advertising injury arising out of unlawful discrimination. Radioactive Matter Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by any exposure to or the presence of radiation andor radioactive matter either alone together or in combination with other substances or factors whether included in a product or otherwise. Securities Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by 1 Any violation of any securities law or any law or part of any law that regulates the sale purchase offer for sale transfer or solicitation of securities or any regulation promulgated thereunder 2 The purchase sale offer of sale transfer or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3 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 4 Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. 3. Supplementary Payments a. We will pay with respect to any claim we investigate or settle or any suit against the insured we defend 1 All expenses we incur. 2 The premium for bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3 All reasonable expenses iincurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 250 a day. 4 All court costs taxed against the insured in the suit. However these payments do not LCu 00011110 2010 Liberty Mutual Group of Companies. All rights. reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 include attorneys fees or attorneys expenses taxed against the insured. 5 Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable limit of insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest accruing after we make such offer. 6 Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if ail of the following conditions are met 1 The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract 2 This insurance applies to such liability assumed by the insured 3 The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract 4 The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 5 The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and 6 The indemnitee a Agrees in writing to i Cooperate with us in the investigation settiement or defense of the suit i Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit iii Notify any other insurer whose coverage is available to the indemnitee and iv Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b Provides us with written authorization to i Obtain records and other information related to the suit and LCU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 i Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph 6 above are no longer met. SECTION 1l WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 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. Each of the following is also an insured Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or timited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker e LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Inciudes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services or e Arising out of practicing for or participating in any sports or athletic contest or exhibition that you sponsor unless the empioyee or volunteer worker is an insured for the bodily injury or personal and advertising injury on underlying insurance. 2 Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 3 Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of an auto except as provided in Paragraph f. below. b. Any person other than your employee or any organization while acting as your real estate manager but this does not apply with respect to the use of any vehicle owned by such person or organization. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representallve will have all your rights and duties under this policy. 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. When coverage provided to an additional insured is required by a contract or agreement the most we will pay on behalf of that additional insured is the minimum amount of insurance required by the contract or agreement less any amounts payable by any underying insurance or otherwise retained. f. Any person while using with your permission a covered auto for which insurance is provided to you under this policy and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos on underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However LCU 000111 10 2010 Liberty Mutual Group of Companies. All rights Page 16 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of all damages except damages because of a. njury or damage included in the products completed operations hazard and b. Injury or damage arising out of the ownership maintenance use or entrustment to others of an 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages for bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of damages because of all injury or damage arising out of any one occurrence. 5. The Limits of Insurance 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. 6. For the purposes of applying the Each Occurrence limit a. All bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general harmful conditions will be considered as the result of one occurrence and b. All personal and advertising injury arising out of a series of related offenses including all repetitions or reproductions will be considered as the result of one and the same occurrence. Two or more offenses within the definition of personal and advertising injury each of which LCU 000111 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 invoives publication of material will not be deemed to be more than one occurmrence merely because the material in one publication is not identical to the material in another publication or because the publications are made in different media. SECTION IV CONDITIONS 1. Appeals If the insured or the undertying insurers elect not to appeal a judgment that may require payments under this policy we may elect to make such appeal at our own cost. If we appeal we then will be liable for the taxable costs expenses and interest incidental to the appeal which will be in addition to the limits of insurance of this policy unless provided otherwise on any underlying insurance. If we appeal the insured will cooperate with us at our request and at our expense in the prosecution of the appeal. Bankruptcy a. Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligation under this policy. b. Bankruptcy of an underlying insurer wilt not relieve us of our obligations under this policy. However this insurance will not replace the insurance afforded by the underlying insurance in the event of the bankruptcy insolvency or any other inability to pay of the underlying insurer or the insured to the extent it is self insured. This insurance will apply as if the underlying insurance were in full effect. Duties in the Event of Occurrence Claim or Suit a. You must see to it that we are notified promptly of any occurrence which may result in a claim to which this insurance might apply even if the insured must satisfy a retained limit before this insurance applies. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. If a claim is made or suit is brought to which this policy may apply you must see to it that we receive prompt written notice of the claim or suit even if the insured must satisfy a retained limit before this insurance applies. You must notify us if an applicable limit of underlying insurance is exhausted even if we do not have a duty to defend. c. You and any involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 30 | 1 |
nan nan nan nan 2.9420130008130003e17 4 At our request instruct all insurers that issued underlying insurance to cooperate with us in our handling of the claim or suit and make available all materials and documents in their claims files and 5 Assist us upon our request in the enforcement of any rights against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. e. Inaddition to the notice requirement of Paragraph 3.a. above you must promptly notify us if 1 Any occurrence results in any of the following injuries a Adeath b An amputation of any extremity c Any serious head or brain injury including skull fracture or loss of sight of either or both eyes d Any injury to the spinal cord paraplegia or quadriplegia e Serious burns or f Any other serious bodily injury which the insured believes is likely to involve this policy 2 Any suit to which this insurance may apply is a class action lawsuit or 3 You expect the injury or damage from any occurrence to exceed 50 of the retained limit. As used in this Paragraph 3. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Legal Action Against Us No person or organization has the right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. If a person or organization sues us to recover on an agreed settlement or on a final judgment against an insured we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 specifically written as excess over this policy. Audit and Premium b. You agree to pay the premium when due. The Premium shown as Advance Premium on the Declarations is flat charge unless a rate is shown. If a rate is shown on the policy s Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the eamed 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 the Minimum Premium if any shown in the Declarations. The First Named Insured must keep records of the information we need for premium compulaan and make available to us or send us this information at such times as we may request. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after the expiration or termination of this policy. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Representaions or Fraud By accepting this policy you agree The statements in the Declarations are accurate complete and based on information and representations you provided or made to us We have issued this policy in reliance upon your information and representations The policy will be void in any case of fraud by you as it relates to this policy or any claim under this policy This policy will provide no coverage for any claim in the event you have made a material misrepresentation that relates to that claim without regard to whether such misrepresentation occurs before during or after the policy period and There will not be coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disciose. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned to the First Named Insured this insurance applies LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. 9. Transfer of Rights of Recovery Against Others to Us 10. If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after foss to prejudice such rights. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable limit of insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Cancellation and Non Renewal The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the First Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date at 1201 AM. 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 based upon the portion of the original policy period that the policy was actually in effect. If the First Named Insured cancels the refund will be less than pro rata and will be subject to the Minimum Premium if any shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Our check mailed or delivered shall be sufficient tender of any refund due you. If we decide not to renew this policy we will mail or deliver to the First Named Insured shown in the Declarations written notice of the non renewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. LCu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 1. 12. 13. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the heaith or safety of your employes or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Named Insureds a. The First Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Maintenance of Underlying Insurance Throughout the policy period you must ensure that a. Underlying insurance that is self insurance provides coverage at least as broad as the coverage provided under this policy b. Al underlying insurance remains in effect c. The terms definitions conditions and exclusions of all underlying insurance do not materially change d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. Any renewals or replacements of any underlying insurance provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with Paragraphs b. through e. above regardiess of the reason or reasons this policy s coverage will apply as if the underlying insurance were still in full effect with the terms definitions conditions exclusions and limits that existed on the effective date of this policy. However if an exclusion is added to underlying insurance after the effective date of this policy then such exclusion is automatically added to this policy effective on the same date that it was effective on the underlying insurance. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 14 15. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representatives is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the First Named Insured and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. Changes This policy contains all the agreements between you and us concerning the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. SECTION V DEFINITIONS 1. Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Announcements that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish or injury shock or humiliation arising out of injury as defined in Paragraph a. above. Bodily injury does not include injury that falls within the definition of personal and advertising injury. Covered auto means only an auto for which coverage is provided on underlying insurance. Electronic data means information facts or programs stored as or on created or used on or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 10.. transmitted to or from computer software including but not limited to syslems and applications software hard or floppy disks CD ROMS tapes drives cells data processmg devices or any other media which are used with electronically controlled equipment. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Fungi mean any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fuifilling the terms of the contract or agreement. Insured contract means a. A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or g. That part of any other contract or agreement pertaining to your business inciuding an indemnification of a municipality in connection with work performed for a municipality under LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 3 4 Thatindemnifies 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 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 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 12. Leased worker means a person ieased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 13. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 14 Mobile equipment means any of the following types of fand vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 25 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraphs a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Venhicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelied vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 15. Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 26 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 16. Other insurance means a. b. Any valid and collectible insurance except underlying insurance that insures any insured even if the coverage is unavailable or uncollectible as a consequence of a breach by any insured under this policy of the terms or conditions of that insurance plus Any amount retained under any self insurance program that is not underlying insurance. Other insurance does not include any insurance specifically written as excess over this policy. 17. Personal and advertising injury means injury caused by one or more of the following offenses b. f. False arrest detention or imprisonment Malicious prosecution Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication directly to the public at large 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 1 Oral or written publication directly to the public at large in any manner of material that violates a person s right of privacy or 2 Oral or written publication of material in any manner that violates a person s right of privacy by misappropriation of that person s name or likeness The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and advertising injury will be considered personal and advertising injury. 18. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 19. Poliution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a government 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. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 27 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 20. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the site has been completed if your contract calls for work at more than one site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in orona vehicle not owned by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 21. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 22. Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information. 23. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons including protons neutrons and electrons. 24. Retained limit means as to each occurrence a. The total applicable limits of the underlying insurance plus any applicable other insurance. LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted materiat of Insurance Services Office Inc. with its permission. Page 28 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 25. 26. 27. 28. However if the sum of the underlying insurance plus the other insurance is 1 Greater than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the greater amount or 2 Less than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the amount listed in the Schedule. The retained limit will be reduced by the amount by which the applicable underlying insurance has been reduced due to the reduction or exhaustion of the applicable aggregate limit of insurance by payment of judgments or settlements. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance. If some or all of the underlying insurance is not available due to breach of policy condition our retained limit will be the amount listed in the Declarations under the Schedule for that underlying insurance plus other insurance. b. If there is no applicable underlying insurance our retained limit will equal the greater of the Self Insured Retention shown in the Declarations or any applicable other insurance. The Self Insured Retention will be reduced by Supplementary Payments we pay in the investigation or settlement of any claim or in the defense of any suit against the insured we defend. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. In calculating the extent to which the underlying aggregate limits have been reduced or exhausted the retained limit in Paragraph a. above will be reduced only by payment of judgments or settlements because of bodily injury and property damage that occurs during our policy period and personal and advertising injury that is caused by an offense arising out of your business during our policy period. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged and can be awarded. Suit includes a. An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means any policies of insurance or self insurance listed in the Declarations under the Schedule of underlying insurance. Underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of underlying insurance and any insurer who provides other insurance. Lcuo0oo011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 29 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 29. 30. 31. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 30 of 30 | 1 |
nan nan nan nan 2.942013000813001e17 POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT. In accordance with the Terrorism Risk Insurance Act including alt amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium atiributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our Wiabitity under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation n Payment Of Terrorism Losses If an individual insurer s losses exceed a deductible amount specified in the Act the federal government will reimburse the insurer for 85 of losses paid in excess of the deductible provided that aggregate industry losses from a certified act of terrorism exceed 100 million. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI 90021110 Page 1 0of 1 | 2 |
nan nan nan nan 2.942013000813001e17 POLICYHOLDER NOTICE COMPANY CONTACT INFORMATION In the event you need to contact someone about this policy for any reason please contact your Sales Representative or Producer of Record as shown on the policy Declarations. If you have additional questions you may contact the company at the following address Liberty Mutual Insurance Group 175 Berkeley Street Boston MA 02117 617 357 9500 Ext. 41015 2010 Liberty Mutual Group of Companies. All rights reserved. SN190010910 Page 1 of 1 | 2 |
nan nan nan nan 2.942013000813001e17 Policy Number TH7 291 457759 063 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. Decior L. La SECRETARY LIL 90 05 06 13 2013 Liberty Mutual Insurance. All rights reserved. Page 1of 1 | 2 |
ace group Declarations ACE Umbrella Plus Commercial Umbrella Liability Policy Policy Symbol XOO Previous Policy Symbol XOO Policy Number G27052800 Previous Policy Number G2704590A COVERAGE IS PROVIDED IN THE COMPANY SHOWN BELOW ACE Property and Casualty Insurance Company 436 Walnut Street Philadelpha PA 19106 NAMED INSURED AND ADDRESS Windstream Communications 4001 North Rodney Parham Road Little Rock AR 72212 PRODUCER NAME AND ADDRESS Lockton Companies LLC 444 West 47 Street Suite 900 Kansas City MO 64112 PRODUCER CODE 243779 Policy Period From 07172013 to 07172014 s e afg z zeafilif e atthe Address of the Named Limits of Insurance 25000000 Each Occurrence 25000000 General Aggregate 25000000 Products Completed Operations Aggregate 50000 Self Insured Retention Annual Premium 465000 Premium N A Terrorism Premium included in Annual Premium State Surcharge 465000 Premium including all Surcharges and Assessments Policy Period Premium 465000 Premium N A Terrorism Premium included in Annual Premium 465000 Premium including all Surcharges and Assessments Schedule of Underlying Insurance Refer to the attached Schedule of Underlying Insurance XS9U57b which forms a part of this Policy s Declarations. Endorsements and Forms Refer to the attached Schedule of Endorsements for the forms and endorsements forming this policy at inception. ACE Prop Company indstream Communications 001 North Rodney Parham Road ttle Rock AR 72212 ockton Companles LLC 44 West 47 Street Suite 900 ansas City MO 64112 alivs 25000000 Each Occurrence 25000000 General Aggregate b W N e TSI AUSA T AT AL T st TN VUV et w R e L AU Al Tt S AE AAA T I S T I U 2009 XS 22695a 0809 Page 1 of 1 | 2 |
ace group Schedule of Underlying Insurance NAMED INSURED POLICY NUMBER POLICY PERIOD Windstream Communications X0O0 G27052800 07172013 07172014 Commercial General Liability Limits of Insurance Company ACE American Insurance Company General Aggregate 10.000.000 Products Completed 2.000.000 Operations Aggregate Policy Number HDO G2702144A Personal and 1.000.000 Advertising Injury Policy Period 07172013 07172014 Each Occurrence 1.000.000 Automobile Liability Limits of Insurance Company ACE American Insurance Company Bodily Injury and Property Damage Combined Single Limit Policy Number ISA H0872040A PMU H08519328 002 4000000 Each Accident Policy Period 07172013 07172014 Employers Liability All Other States Limits of Insurance Company Indemnity Insurance Co. of North America Bodily Injury by Accident 1000000 Each Accident Policy Number WLR C47320720 Bodily Injury By Disease 1000000 Each Policy 1.000.000 Each Employee Policy Period 07172013 07172014 In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. bl 1 idl it al Rty ompany ACE American Insurance Company olicy Number HDO G2702144A olicy Period 07172013 07172014 e ViUt ative General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury Each Occurrence 10.000.000 2.000.000 1.000.000 1.000.000 RIS R o VL e ative ompany ACE American Insurance Company Bodily Injury and Property Damage Combined Single Limit olicy Number ISA H0872040A PMU H08519328 002 4.000.000 Each Accident olicy Period 07172013 07172014 PV yEle Lidiaiiity il AR wldiss ompany Indemnity Insurance Co. of North America olicy Number WLR C47320720 olicy Period 07172013 07172014 e ViUt ative Bodily Injury by Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Each Policy 1.000.000 Each Employee 2009 XS9U57b 0809 Page 1 of 1 | 2 |
ace group Schedule of Underlying Insurance Continued NAMED INSURED POLICY NUMBER Windstream Communications X0O0 G27052800 Employers Liability Ohio Company ACE American Insurance Company Policy Number WCU C47320744 Policy Period 07172013 07172014 Employers Liability WI Company ACE American Insurance Company Policy Number SCF C47320756 Policy Period 07172013 07172014 Employers Liability AZ CA MA Company ACE American Insurance Company Policy Number WLR C47320732 Policy Period 07172013 07172014 POLICY PERIOD 07172013 07172014 Limits of Insurance Bodily Injury by Accident 1.000.000 Each Accident Bodily Injury By Disease 1000000 Aggregate 1000000 Each Employee Limits of Insurance Bodily Injury by Accident 1.000.000 Each Accident Bodily Injury By Disease 1.000.000 Aggregate 1.000.000 Each Employee Limits of Insurance Bodily Injury by Accident 1.000.000 Each Accident Bodily Injury By Disease 1000000 Aggregate 1.000.000 Each Employee In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. PV yEle Lidiaiity A ompany ACE American Insurance Company olicy Number WCU C47320744 e Vb iisutative Bodily Injury by Acciden 1000000 Each A Bodily Injury By Disease 1000000 Aggrec 1.000000 Each E ent h Accident ise regate h Employee PV yEle Lidiaimity R ompany ACE American Insurance Company Bod olicy Number SCF C47320756 Bod ent h Accident ise regate h Employee PV yEle Lidiaiity ney A ey ompany ACE American Insurance Company olicy Number WLR C47320732 olicy Period 07172013 07172014 e Vb iisutative Bodily Injury by Accident 1.000.000 Each Accident Bodily Injury By Disease 1000000 Aggregate 1000000 Each Employee 2009 XS8W89a 0809 Page 1 of 2 | 2 |
ace group Schedule of Underlying Insurance Continued NAMED INSURED POLICY NUMBER Windstream Communications X0O0 G27052800 POLICY PERIOD 07172013 07172014 Coverage Company Policy Number Foreign DIC General Liability Paetec Holding Corp. ACE American Insurance Company PHFD37558357 002 Limits of Insurance 1000000 Each Occurrence 1000000 Aggregate Policy Period 10012013 10012014 Coverage Foreign DIC Automobile Liability Limits of Insurance Paetec Holding Corp. Company ACE American Insurance Company 1000000 Each Occurrence Policy Number PHFD37558357 002 Policy Period 10012013 10012014 Coverage Foreign DIC Employers Liability Limits of Insurance Paetec Holding Corp. Company ACE American Insurance Company 1000000 Each Occurrence Policy Number Policy Period PHFD37558357 002 10012013 10012014 wvElays Company auiity ce Company 1000000 Each Occurrence Ae U e ative 1000000 Aggregate wvElays Company v Aty ce Company 1000000 Each Occurrence Ae U e ative 1000000 Each Occurrence wvElays Company Aty ce Company 1000000 Each Occurrence Ae U e ative 1000000 Each Occurrence 2009 XS8W89a 0809 Page 2 of 2 | 2 |
ace group Schedule of Forms and Endorsements NAMED INSURED Windstream Communications POLICY NUMBER POLICY PERIOD XOO0 G27052800 07172013 07172014 Endorsement Form Number Number Edition Date Title XS20835 0806 ALL20887 1006 XS28500 1009 IL P 001 0104 TRIA15 0108 ALL2Y31a 0206 XS22552 0607 1 CC1K11 g 0111 2 XS22088 0407 3 XS20796 0806 4 XS28727a 0111 5 XS21589 0107 6 XS20779 0806 7 XS26429b 0211 8 XS20789a 0111 9 XS20854 0806 10 XS20755 0806 11 XS20819 0806 12 XS27989a 0112 13 XS26431 0209 14 XS23670 012008 15 XS15921 0704 16 Ms13344 0712 Commercial Umbrella Liability Policy ACE Producer Compensation Practices Policies ACE Groups Specialty Claims Loss Notification Form U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice To Policyholders Policyholder Disclosure Notice Of Terrorism Insurance Coverage Arkansas Notice to Policyholders Catastrophe Management Policyholder Notice Signatures Catastrophe Management Coverage Endorsement Cross Suits Exclusion Foreign Loss Indemnity Endorsement Foreign Liability Follow Form Endorsement Fungi Or Bacteria Exclusion Industrial Aid Aircraft Endorsement Known Loss Exclusion Lead Exclusion Non Concurrency EndorsementRecognizes Non Concurrency Professional Services Liability Exclusion Absolute Punitive Damages Most Favorable Jurisdiction Limitation Endorsement Silica or Silica Related Dust Exclusion Exclusion Of Certified Acts Of Terrorism Arkansas Changes Cancellation Nonrenewal And State Required Conditions Amendment of Defintion J. Inusred Contract 2009 XS27991 0809 Page 1 of 1 | 2 |
ACE Umbrella Plus Commercial Umbrella Liability Policy Various provisions in this policy restrict coverage. Please 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 VI Definitions. We the Company named in the Declarations relying upon the statements shown on the Declarations page and in the schedule of underlying insurance attached to this policy and in return for the payment of premium and subject to its terms conditions and limits of insurance of this policy agree with you as follows I. INSURING AGREEMENT 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 because of bodily injury property damage or personal and advertising injury to which this insurance applies. 1. This insurance applies to bodily injury and property damage that takes place in the coverage territory but only if a. The bodily injury or property damage is caused by an occurrence b. The bodily injury or property damage occurs during the policy period and c. Prior to the policy period no 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 any insured listed under Paragraph A. of Section Il Who Is An Insured or any 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. 2. This insurance applies to personal and advertising injury that arises out of your business but only if the offense causing the personal and advertising injury takes place in the coverage territory and during the policy period. B. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. C. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. XS20835 0806 Page 1 of 19 | 0 |
D. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. The amount we will pay for damages is limited as described in Section IV Limits of Insurance. Il. WHO IS AN INSURED A. The following are insureds 1. The Named Insured named in Item 1 of the Declarations of this policy is an insured. 2. Any subsidiary of the Named Insured named in ltem 1 of the Declarations of this policy and any other organization under your control and active management at the inception date of this policy is an insured providing such subsidiary or organization is included as an insured in the underlying insurance and was made known to us prior to or at the inception date of this policy 3. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. B. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a. Bodily injury or personal and advertising injury 1 To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 2 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a.1 above 3 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs a.1 or 2 above or 4 Arising out of his or her providing or failing to provide professional health care services. b. Property damage to property 1 Owned occupied or used by you 2 Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. XS20835 0806 Page 2 of 19 Page 2 of 19 | 1 |
2. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. 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. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured if it also qualifies as an insured in underlying insurance and there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization c. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization and d. We reserve the right to charge an additional premium if such organization qualifies as an insured. 6. Any person or organization if insured under underlying insurance provided that coverage provided by this policy for any such insured will be no broader than coverage provided by underlying insurance. Notwithstanding anything above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury even if groundless false or fraudulent to which this insurance applies 1. When damages sought would be covered by underlying insurance but are not covered by that insurance because of the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy or 2. When damages sought would be covered under any other insurance but are not covered by that insurance because of the exhaustion of the applicable limits of other insurance by the payment of loss covered under such other insurance or 3. When damages sought for bodily injury property damage or personal and advertising injury are not covered by underlying insurance or any other insurance or any applicable self insured retention has been exhausted by the payment of loss covered by this policy. B. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury to which this insurance does not apply. C. We will have the right but not the duty to associate in the investigation of any claim and the defense of any suit which may in our opinion result in damages to which this insurance applies. D. If we assume the defense of any suit against the insured we will pay in addition to the applicable Limit of Insurance 1. All expenses we incur. 2. Up to 250 for cost of bail bonds because of an occurrence that may result in bodily injury or property damage covered by this policy. We do not have to furnish these bonds. XS20835 0806 Page 3 of 19 Page 3 of 19 | 1 |
E. 3. The cost of bonds to release attachments but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. 4. The cost of appeal bonds required by law to appeal any suit we defend but only for bond amounts within the applicable Limit of Insurance. We do not have to apply for or furnish such bond. 5. All reasonable expenses incurred by the insured at our request to assist us in the investigation of any claim or the defense of any suit covered under this policy including actual loss of earnings because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment within the applicable Limit of Insurance that we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest accruing after the offer. 8. Post judgment interest on that part of any judgment that we become obligated to pay which accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that we have become obligated to pay which is within the applicable Limit of Insurance. Our right and duty to defend ends when the applicable Limit of Insurance of this policy has been exhausted by the payment of loss. IV. LIMITS OF INSURANCE A. 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 or suits brought or 3. Persons or organizations making claims or bringing suits. The General Aggregate Limit shown in the Declarations is the most we will pay for all damages except 1. Damages because of bodily injury or property damage included in the products completed operations hazard and 2. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto. The Products Completed Operations Aggregate Limit shown in the Declarations is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs B and C above the Each Occurrence Limit shown in the Declarations is the most we will pay for the sum of all damages because of bodily injury property damage and personal and advertising injury arising out of any one occurrence. If the applicable limits of underlying insurance have been 1. Reduced by the payment of loss covered by this policy then this policy will be excess of the reduced limit of underlying insurance. 2. Exhausted by the payment of loss covered by this policy then this policy will continue in force as underlying insurance. The 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 Limits of Insurance. XS20835 0806 Page 4 of 19 | 1 |
V. EXCLUSIONS This insurance does not apply to A. Aircraft or Watercraft 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 or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent or 2. A watercraft you do not own that is a. Less than 26 feet long and b. Not being used to carry persons or property for a charge. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. B. Asbestos Any loss demand claim or suit arising out of or related in any way to asbestos or asbestos containing materials. C. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1. That the insured would have in the absence of the contract or agreement or 2. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. D. 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. Adefect deficiency inadequacy or dangerous condition in your product or your work or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. XS20835 0806 Page 5 of 19 | 1 |
E. 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 seven 7 or fewer consecutive days. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. F. Damage to Your Product Property damage to your product arising out of it or any part of it. G. 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. H. Electronic Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control.. Employer s Liability Bodily injury to 1. An employee of the insured arising out of and in the course of a. Employment by the insured or b. Performing duties related to the conduct of the insured s business or The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and XS20835 0806 Page 6 of 19 | 1 |
2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1. To liability assumed by the insured under an insured contract. 2. To the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. J. Employment Practices Bodily injury property damage or personal and advertising injury arising out of 1. Refusal to employ 2. Termination of employment 3. Coercion demotion evaluation reassignment discipline defamation harassment humiliation failure to promote retaliation violation of civil rights invasion of privacy discrimination or other acts or omissions arising out of employment related practices or other employment related practices policies acts or omissions or 4. Any consequential liability damages loss cost or expense as a result of 1 2 or 3 above. This exclusion applies whether or not the insured may be held 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 such injury or damages. K. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. L. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. M. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. However this exclusion does not apply to Section VII Definitions R. Personal and advertising injury Paragraphs 1 2 and 3. 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. N. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or XS20835 0806 Page 7 of 19 | 1 |
3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. O. Miscellaneous Laws Any loss demand claim or suit under 1. The Employee Retirement Income Security Act of 1974 including any amendment thereto or any similar law. 2. Any workers compensation disability benefits or unemployment compensation laws or any similar laws. 3. Any auto no fault law any uninsured or underinsured motorist law any personal injury protection law or similar law. P. Nuclear 1. To any injury or 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 insurance or b. 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. To any injury or damage resulting form the hazardous properties of nuclear material if a. 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 b. 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 c. The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operations or use of any nuclear facility. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties b. Nuclear material means source material special nuclear material or by product material c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy act of 1954 or in any law amendatory thereof d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor XS20835 0806 Page 8 of 19 | 1 |
e. Waste means any waste material a containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b 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 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Cl 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. g. 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. h. Injury or damage includes all forms of radioactive contamination of property. Q. Other Personal and Advertising Injury 1. Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. 2. Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. 3. Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. 4. Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. 5. Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages 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 and advertising injury offense takes 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 an insured are deemed to be damages because of personal and advertising injury provided i. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and ii. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 6. Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. XS20835 0806 Page 9 of 19 | 1 |
7. Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. 8. Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. R. Pollution 1. Bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for 1 Any insured or 2 Any person or organization for whom you may be legally responsible At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from a covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon a covered auto Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or After the pollutants or any property in which the pollutants are contained are moved from a covered auto to the place where they are finally delivered disposed of or abandoned by the insured. However the following exceptions to this exclusion apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance 1. Paragraph 1.a. of this exclusion does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. 2. Paragraph 1.a. of this exclusion does not apply to bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. XS20835 0806 Page 10 of 19 | 1 |
3. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. 4. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. 5. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 6. Paragraph 1.f. of this exclusion does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a. The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or any covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of mobile equipment. 7. Paragraphs 1.g. and 1.h. of this exclusion do not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 2. Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this Paragraph 2. does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Recall of Products Work or Impaired Property Bodily injury property damage or personal and advertising injury or any other 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 XS20835 0806 Page 11 of 19 | 1 |
V. 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. Trade or Economic Sanctions To the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or meta tag or any other similar tactics to mislead another s potential customers. Unsolicited Communications Bodily injury property damage or personal and advertising injury arising out any form of communication including but not limited to facsimile electronic mail posted mail or telephone in which the recipient has not specifically requested the communication. This exclusion also applies to communications which are made or allegedly made in violation of the 1. Telephone Consumer Protection Act TCPA including any Amendment of or addition to such law or 2. The CAN SPAM Act of 2003 including any amendment of Or addition to such law or 3. Any statute ordinance or regulation other than the TCPA Or CAN SPAM Act of 2003 which prohibits or limits the sending transmitting communicating or distribution of material or information. W. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection civil commotion rebellion or revolution. VI. CONDITIONS A. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance or other insurance we may elect to appeal. If we elect to appeal we will be liable for in addition to the applicable Limits of Insurance of this policy all court costs expenses incurred and interest on that amount of any judgment that does not exceed the applicable Limits of Insurance shown in the Declarations related to such an appeal subject to the limitations set forth in Section III Defense And Supplementary Payments. B. Assignment of Your Rights and Duties Your rights and duties under this policy may not be transferred except by an endorsement to this policy issued by us. If you die or are legally declared bankrupt then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. XS20835 0806 Page 12 of 19 | 1 |
C. Bankruptcy Your bankruptcy insolvency refusal or inability to pay will not relieve us of our obligations under this policy. In the event of bankruptcy insolvency refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not drop down or replace underlying insurance but will apply as if the limits of such underlying insurance are fully available and collectible and we will not assume any obligation under underlying insurance. D. Cancellation 1. You may cancel this policy. You must mail or deliver to us advance written notice stating when cancellation is to take effect. 2. We may cancel this policy. If we cancel because of non payment of premium we must mail or deliver to you not less than ten 10 days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than sixty 60 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in the Declarations will be sufficient to prove notice. The policy period will end on the day and hour stated in the cancellation notice. If we cancel final premium will be calculated pro rata based upon the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium as shown in the Declarations. 5. If you cancel final premium will be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium as shown in the Declarations. 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 you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. 7. The first Named Insured shown in the Declarations will act on behalf of all other insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy. E. Changes This policy may be changed only by a written endorsement to this policy issued by us. F. Duties in the Event of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim for damages 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. 2. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Immediately record the specifics of the claim or suit and the date received and b. Notify us in writing as soon as practicable. 3. You and any other involved insured must 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 XS20835 0806 Page 13 of 19 | 1 |
G. H. 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 written consent. Inspection and Audit 1. We will be permitted but not obligated to inspect the insured s property and operations. Neither our right to make inspections nor the making thereof nor any report thereon will constitute an undertaking on behalf of or for the benefit of the insured or others to determine or warrant that such property or operations are safe. 2. We may examine and audit the insured s books and records during the policy period and any extensions thereof within three 3 years after the termination date of this policy. Legal Action Against Us 1. No person or organization has a right under this policy to join us as a party or otherwise bring us into a suit asking for damages from an insured. 2. You will have no right of action against us under this policy unless all of its terms have been fully complied with and the amount that you seek to recover has been determined by settlement with our consent or by final judgment against an insured. Maintenance of Underlying Insurance During the policy period you agree 1. To keep underlying insurance and renewals or replacements thereof in full force and effect. 2. That the limits of underlying insurance will be maintained except for any reduction or exhaustion of such limits by the payment of loss that would be covered by this policy. 3. That the terms and conditions of underlying insurance will not materially change during the policy period. That any renewal or replacement of underlying insurance will not be more restrictive in coverage. That underlying insurance may not be canceled or non renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any underlying insurance. Failure to maintain the underlying insurance as provided by this condition will not invalidate this policy. This policy will apply as if the underlying insurance were maintained as required by this policy. J. Other Insurance If valid and collectible other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance and will not contribute with such other insurance. This provision will not apply if the other insurance is written to be excess of this policy. Premium The first Named Insured shown in the Declarations will be responsible for payment of all premiums when due. The premium stated in the Declarations is a flat premium. It is not subject to adjustment except as provided L. herein or as changed by an endorsement to this policy issued by us. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies 1. Asif each Named Insured were the only Named Insured and XS20835 0806 Page 14 of 19 | 1 |
Vil 2. Separately to each insured against whom claim is made or suit is brought. M. Titles The titles to the various parts sections subsections and endorsements of this policy are intended solely for ease of reference and do not in any way limit expand or otherwise affect the provisions of such parts sections subsections and endorsements. N. Transfer of Rights of Recovery Against Others to Us 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 you and the insurer of underlying insurance waive any right of recovery against a specific person or organization for damages as required under an insured contract we will also waive any such rights we may have against such person or organization provided that the bodily injury or property damage occurs subsequent to the execution of the insured contract. O. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is obligated to pay the full amount of the retained limit. When the amount of damages is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the retained limit paid by us. DEFINITIONS A. 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. B. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. C. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or mental injury resulting from bodily injury. D. Coverage territory means anywhere in the world except to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. E. Employee means an individual working for you in return for remuneration. Employee includes a leased worker. Employee does not include a temporary worker or independent contractor. F. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. G. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. H. Impaired property means tangible property other than your product or your work that can not be used or is less useful because XS20835 0806 Page 15 of 19 | 1 |
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 1. The repair replacement adjustment or removal of your product or your work or 2. Your fulfilling the terms of the contract or agreement. Insured means a person or organization meeting the qualifications set forth in Section Il Who Is An Insured. Insured contract means that part of any contract or agreement pertaining to your business under which any insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract does not include that part of any contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property 1. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. While itis in or on an aircraft watercraft or auto or 3. While itis being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto.. Loss means those sums paid in the settlement a claim or suit or satisfaction of a judgment which the insured is legally liable to pay as damages because of bodily injury property damage or personal and advertising injury after making proper deduction for all recoveries and salvages.. 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 XS20835 0806 Page 16 of 19 | 1 |
5. a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 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 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 i. Snow removal ii. Road maintenance but not construction or resurfacing or iii. 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. O. Occurrence means P. 1. With respect to bodily injury or property damage 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 the same occurrence regardless of the frequency or repetition thereof or the number of claimants. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. Other insurance means a policy of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance the amount shown in the Declarations as the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy and providing coverage that this policy also provides. Policy period means the time between the inception date of this policy shown in the Declaration and the expiration date shown or earlier termination date of this policy. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. 2. 3. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy XS20835 0806 Page 17 of 19 | 1 |
6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. S. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. As used in this definition waste includes materials to be recycled reconditioned or reclaimed. T. 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 i. When all of the work called for in your contract has been completed. ii. 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. iii. 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 b. The existence of tools uninstalled equipment or abandoned or unused materials. U. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. V. Retained limit means either of the following 1. The total applicable limits of underlying insurance and any applicable limit of other insurance providing coverage to the insured or 2. The amount shown in the Declarations as the Self Insured Retention applicable to each occurrence that results in damages not covered by underlying insurance or other insurance. W. Suit means a civil proceeding in which damages because of bodily injury personal and advertising injury to which this insurance applies are alleged. Sui property damage or 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 proceeding in which such damages are claimed and to which the insured submits with our consent. XS20835 0806 Page 18 of 19 | 1 |
X. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Y. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance attached to and forming a part of this policy. Z. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. AA.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. BB. 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 b. The providing of or failure to provide warnings or instructions. XS20835 0806 Page 19 of 19 | 1 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website athttpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 2 |
FORWARD BY FAX MAIL OR E MAILTO ACE Excess P.O. Box 5103 Scranton PA 18505 0510 Fax No. 866635 5687 ItyRiskEx FirstNoti eqgrol ACE GROUP SPECIALTY g CLAIMS LOSS NOTIFICATION FORM Today s Date 8 July 2013 8505 0510 635 5687 Notice of check all that apply First Party Claim Potential Claim Third Party Claim Litigation Initiated Other Insured s Name Contact Information Company Name Windstream Communications Point of Contact. 4001 North Rodney Parham Road Address Little Rock AR72212 Phone Number Broker Agent s Name Contact Information Company Name Lockton Companies LLC Point of Contact Address 444 West 47 Street Suite 900 Kansas City MO 64112 Phone Number Policy Information Policy Number XOO0 G27052800 Policy Period 07172013 07172014 Limits of Liability 25000.000 per 25.000.000 agg Self Insured Retention Deductible 50000.00 Loss Information Date of Incident Claim Location Claimant Name Address Description of Loss Please list all attached or enclosed documentation check if none provided Name of Person Completing This Form Signature XS28500 1009 2009 Page 1 of 1 Point of Contact Point of Contact | 2 |
IL P 0010104 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 pol icy. 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 1 Foreign agents 1 Front organizations 1 Terrorists 1 Terrorist organizations and 1 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. IL P 0010104 Page 1 of 1 ISO Properties Inc. 2004 | 2 |
ACE Property and Casualty Insurance Company Insurance Company Windstream Communications Policyholder XO0 G27052800 Policy Number LOCKTON COMPANIES LLC Broker Producer POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You were notified that under the Terrorism Risk Insurance Act as amended that you have the right to purchase insurance coverage for losses resulting from acts of terrorism as defined in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER SUCH POLICIES MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABIITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION COVERAGE MAY BE REDUCED. You elected NOT to purchase terrorism coverage under the Act at the price indicated. ACCORDINGLY WE WILL NOT PROVIDE THIS COVERAGE AND YOU DO NOT OWE THE ADDITIONAL PREMIUM FOR THAT COVERAGE INDICATED BELOW. Terrorism coverage described by the Act under your policy was made available to you for additional premium in the amount of 23250 however you elected to decline such coverage. TRIA15c 0108 ACE Property LOA NOTICE ERAGE | 2 |
Arkansas Notice to Policyholders QUESTIONS ABOUT YOUR INSURANCE If You have questions about your insurance need coverage information or require assistance in resolving complaints do not hesitate to contact either your insurance agent or ACE USA Customer Service Department 436 Walnut Street Philadelphia PA 19106 3703 telephone 1 800 352 4462. If you wish to contact the Arkansas Insurance Department their address and toll free number are Arkansas Insurance Department 1200 West Third Street Little Rock AR 72201 1904 1 800 282 9134 ALL2Y31a 02 06 | 2 |
COMMERCIAL UMBRELLA LIABILITY INFORMATION FOR POLICYHOLDERS TO HELP YOU IN THE EVENT OF A CLAIM FOR CATASTROPHE MANAGEMENT COVERAGE A CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT is attached to your commercial umbrella liability policy from ACE Excess Casualty. This informational notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of the Catastrophe Management Coverage endorsement. Please read your policy and the endorsements attached to your policy carefully. When this endorsement is attached to your policy Insurance is provided for covered catastrophe management costs arising out of a catastrophe management event as defined in the endorsement. In order to activate your catastrophe management coverage make a claim you must call the following toll free number 1 877 366 3747 e If you attempt to report directly to a firm that provides catastrophe management services on our behalf you will be re directed to the toll free number shown above. Please be prepared to provide the following information o Caller s name title and contact telephone number Name of Insured Policy Number A description of the incident Any witnesses Property Product or Vehicle Information Incident Location Contact Person Number and nature of bodily injuries including any fatalities and the number of people injured o Current status of the situation 0O 00O0O0OOOo The coverage description in this notice is a summary only. It is not part of the policy and does not amend or alter your policy. Please see your policy for actual terms and conditions. ACE Excess Casualty is one of the U.S.based business groups of ACE USA. Insurance policies are issued by ACE Property and Casualty insurance Company or one of its insurance company affiliates. XS22552 062007 | 2 |
SIGNATURES Named Insured Endorsement Number Windstream Communications 1 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A stock company BANKERS STANDARD FIRE AND MARINE COMPANY A stock company BANKERS STANDARD INSURANCE COMPANY A stock company ACE AMERICAN INSURANCE COMPANY A stock company ACE PROPERTY AND CASUALTY INSURANCE COMPANY A stock company INSURANCE COMPANY OF NORTH AMERICA A stock company PACIFIC EMPLOYERS INSURANCE COMPANY A stock company ACE FIRE UNDERWRITERS INSURANCE COMPANY A stock company WESTCHESTER FIRE INSURANCE COMPANY A stock company 436 Walnut Street P.O. Box 1000 Philadelphia Pennsylvania 19106 3703 JOHN J. LUPICA. President CARMINE A. GIGANTI Secretary Authorized Representative CC1K11 g 0111 | 2 |
CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT Named Insured Endorsement Number Windstream Communications 2 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION L. INSURING AGREEMENT is amended to include the following Catastrophe Management Cost Limit of Insurance 250000 Annual Limit Catastrophe Management Coverage A. Subject to the terms and conditions of this endorsement we will pay catastrophe management costs to third parties at the request of and on behalf of the insured arising from a catastrophe management event first commencing during the policy period up to the amount of the catastrophe management costs Limit of Insurance shown in the Declarations. B. A catastrophe management event will be deemed to first commence at the time during the policy period when a key executive first becomes aware of an occurrence that gives rise to the catastrophe management event and will end when we determine that any one of the necessary elements listed in the definition of a catastrophe management event no longer exists or when the catastrophe management cost Limit of Insurance shown in the Declarations has been exhausted whichever occurs first. C. There will be no retained limit applicable to catastrophe management costs except as it applies to a determination of whether the definition of catastrophe management event applies. D. Payment of catastrophe management costs will not be applied to or erode the aggregate limits of the policy. E. Any payment of catastrophe management costs that we make under the coverage provided by this endorsement will not 1 be a determination of any other rights or obligations under this policy 2 create any duty to defend any suit under any other part of this policy or 3 operate as a waiver of any right or defense we have with respect to the coverage under the policy including Condition F. Duties in the event of occurrence claim or suit. F. For purposes of this endorsement the following definitions are added to the policy Adverse media coverage means national or regional news exposure in television radio print or internet media that is reasonably likely to have a negative impact on the insured with respect to its income reputation community relations public confidence or good will. Catastrophe management event means an occurrence that in the good faith opinion of a key executive of the Named Insured has resulted in or is reasonably likely to result in 1 bodily injury property damage or personal and advertising injury covered by this policy 2 damages that are in excess of the retained limit and 3 a need for catastrophe management services due to adverse media coverage. Catastrophe management XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 2 | 2 |
event will include occurrences resulting from explosions and other man made disasters serious accidents resulting in multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries or injuries from contamination of food drink or pharmaceuticals. Catastrophe management firm means any firm that is approved by us and hired by you or us to perform catastrophe management services in connection with a catastrophe management event. Catastrophe management services means those services performed by a catastrophe management firm in advising the insured on minimizing potential harm to the insured from a covered catastrophe management event by managing adverse media coverage and maintaining and restoring public confidence in the insured. Catastrophe management costs means the following reasonable and necessary expenses incurred during a catastrophe management event and directly caused by the catastrophe management event but only to the extent that the insured or a third party arranges for such services resulting in these expenses and the expenses are pre approved by us 1. expenses incurred by a catastrophe management firm in the performance of catastrophe management services for the insured 2. expenses for printing advertising mailing of materials or travel by directors officers employees or agents of the insured or the catastrophe management firm incurred at the direction of a catastrophe management firm expenses to secure the scene of a catastrophe management event 3. medical expenses funeral expenses expenses for psychological counseling travel expenses temporary living expenses or other necessary response costs and approved by us incurred by or advanced to third parties directly harmed by the catastrophe management event. Catastrophe management costs do not include any defense costs. Key executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the insured is a partnership or sole proprietor if the insured is a sole proprietorship of the insured. A key executive also means any other person holding a title designated by you approved by us and shown by endorsement to this policy. All other terms and conditions of this policy remain unchanged. Authorized Agent XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 | 2 |
CROSS SUITS EXCLUSION Named Insured Endorsement Number Windstream Communications 3 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of any claim or suit by one Named Insured against another Named Insured. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20796 0806 | 2 |
FOREIGN LOSS INDEMNITY ENDORSEMENT Named Insured Endorsement Number Windstream Communications 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY THIS ENDORSEMENT APPLIES ONLY WHEN A FOREIGN OCCURRENCE ARISING OUT OF A FOREIGN BUSINESS OPERATION AND CAUSING BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY TAKES PLACE IN A COUNTRY WHERE WE ARE NOT LICENSED. The policy is amended to add the following FIRST NAMED INSURED INDEMNITY COVERAGE I. INSURING AGREEMENT This endorsement applies only when a foreign occurrence arising out of a foreign business operation and causing bodily injury property damage or personal and advertising injury takes place in a country where we are not licensed. In that case rather than directly pay on behalf of and defend your foreign business operation we will indemnify the First Named Insured in excess of the retained limit for loss and defense and supplementary payments in accordance with this endorsement. This endorsement provides the only coverage under the policy for bodily injury property damage or personal and advertising injury arising out of a foreign occurrence. The terms conditions and limitations in sub section A.1. A2. B. C. and D. of Section I. INSURING AGREEMENT in the policy will apply to our duty to indemnify the First Named Insured. Il. WHO IS AN INSURED Section Il. WHO IS AN INSURED is amended to provide that a foreign business operation is not an insured on whose behalf we have a direct duty to pay settlements or judgments or a direct duty to defend under this policy. lll. DEFENSE AND SUPPLEMENTARY PAYMENTS ASSIGNMENT OF RIGHTS When this endorsement applies rather than directly defend your foreign business operation we will indemnify the First Named Insured for defense costs incurred in defending a suit brought against a foreign business operation provided that a the foreign business operation gives the First Named Insured the right to control 2011 X28727a 0111 Page 1 of 3 | 2 |
the investigation defense and settlement of the suit and b the First Named Insured assigns this right to us. We will associate with the First Named Insured to conduct such investigation defense and settlement as provided in Section lll. DEFENSE AND SUPPLEMENTARY PAYMENTS except that we will indemnify the First Named Insured rather than directly defend and pay supplementary payments. IV. LIMITS OF INSURANCE A. The insurance provided by this endorsement is subject to the applicable aggregate and each occurrence limits of liability stated in the Declarations and any losses for which we pay indemnity will erode and be counted against such limits. B. Subject to the applicable aggregate and each occurrence limits of liability stated in the declarations our limit of liability for loss will be the amount which the First Named Insured 1. Has indemnified a foreign business operation or 2. Represents to us that it is obligated to indemnify the foreign business operation. However if this policy provides for a percentage allocation of liability with respect to the insured s or the foreign business operation s interest in a joint venture limited liability company or partnership the allocation set forth in such provision will apply. The terms conditions and limitations set forth in Section IV. LIMITS OF INSURANCE in the policy will apply to our duty to indemnify the First Named Insured. V. CONDITIONS When this endorsement applies the following conditions apply in addition to the conditions and limitations provided elsewhere in the policy. A. Claims Made Reported Coverage if applicable Any requirements in the policy that a claim be first made during the policy period or any discovery or extended reporting period will also apply to all claims made against a foreign business operation for which the First Named Insured seeks indemnification. B. Additional Notice Duties of the First Named Insured With respect to a foreign occurrence which may result in a claim for damages under this endorsement the First Named Insured assumes the duty to notify us and must notify us in accordance with the standards described in Condition F. Duties in the Event of Occurrence Claim or Suit in the policy. C. Proof of Insurance This policy may not be offered as proof of insurance unless permitted by local applicable law. D. Truthfulness and Accuracy of Material Information When this endorsement applies the First Named Insured 1. Is responsible for the truthfulness and accuracy of any material information provided to us with respect to a foreign business operation foreign occurrence claim suit or loss and 2011 XS28727a 0111 Page 2 0f 3 | 2 |
2. Will not at any time intentionally conceal or misrepresent a material fact concerning this policy including the risk to be insured a foreign business operation a loss claim or suit or a foreign occurrence. VI. DEFINITIONS When this endorsement applies Definition M. Loss in the policy is deleted and replaced with the following M. Loss means those sums paid in the settlement of a claim or suit or satisfaction of a judgment which the foreign business operation is legally liable to pay as damages because of bodily injury property damage or personal and advertising injury for which the foreign business operation makes a claim for reimbursement from the First Named Insured after making proper deduction for all recoveries and salvages. The following definitions are added to the policy and apply to the coverage provided by this endorsement First Named Insured means the first Named Insured shown in the Declarations. Foreign business operation means a subsidiary of the First Named Insured and any other organization under its control or active management at the inception date of the policy or added by endorsement and having its principal place of business statutory domicile residence or business operation subject to liability for otherwise covered bodily injury property damage or personal and advertising injury located in a country where we are not licensed. Foreign occurrence means an occurrence arising from the premises operations or products of a foreign business operation taking place in or causing bodily injury property damage or personal and advertising injury in a country where we are not licensed. Country includes any political jurisdiction that independently regulates the licensing of insurance companies. Licensed means expressly approved in accordance with law by the applicable regulatory body to conduct the business of insurance in a country as a regulated authorized insurer. Licensed is synonymous with admitted and authorized. It does not include being recorded as an eligible foreign or alien non admitted insurer. All other terms and conditions of this policy remain unchanged. Authorized Representative Page 30of 3 2011 XS28727a 0111 | 2 |
FOREIGN LIABILITY FOLLOW FORM ENDORSEMENT Named Insured Endorsement Number Windstream Communications 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury that occurs outside the United States of America its territories and possessions Puerto Rico and Canada. Definition D. Coverage Territory is amended to exclude anywhere except the United States of America its territories and possessions Puerto Rico and Canada. However if insurance for such bodily injury property damage or personal and advertising injury is provided by a policy listed in the scheduled underlying insurance 1 This exclusion and amendment of the Coverage Territory shall not apply and 2 Coverage under this policy for such bodily injury property damage or personal and advertising injury will follow the terms definitions conditions and exclusions of scheduled underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Coverage provided by this policy will be no broader than the coverage provided by scheduled underlying insurance. Notwithstanding 1 and 2 above this insurance does not apply to loss injury damage claim or suit arising directly or indirectly as a result of or in connection with terrorism that occurs in the following countries Afghanistan Albania Algeria Angola Armenia Azerbaijan Bahrain Bosnia Herzegovina Burundi Cambodia Central African Republic Colombia Cote dlvoire Cuba Democratic Republic of Congo Egypt Ethiopia Federal Republic of Yugoslavia Georgia Guinea Bissau Haiti India Indonesia Iran Iraq Israel Jordan Kosovo Kuwait Kyrgyz Republic Lebanon Liberia Libya Macedonia Nigeria North Korea Northern Ireland Oman Pakistan Peru Philippines Qatar Rwanda Saudi Arabia Serbia Sierra Leone Somalia Sri Lanka Sudan Syria Tajikistan Turkey Uganda United Arab Emirates Uzbekistan Venezuela West Bank and Gaza Yemen Zaire Zimbabwe. All other terms and conditions of this policy remain unchanged. Authorized Agent XS21589 0107 | 2 |
FUNGI OR BACTERIA EXCLUSION Named Insured Endorsement Number Windstream Communications 6 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or in any way related to the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria regardless of whether any other cause event material or product contributed concurrently or in any sequence to bodily injury property damage or personal and advertising injury. Fungi means any type or form of fungus mold mildew mycotoxins spores or scents or by products produced or released by fungi but does not include any fungi intended by the insured for human consumption. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20779 0806 Page 1 of 1 | 2 |
INDUSTRIAL AID AIRCRAFT ENDORSEMENT Named Insured Endorsement Number Windstream Communications 7 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows LIMITS OF INSURANCE of the DECLARATIONS is amended to include the following additional Self Insured Retention 100.000.000 Industrial Aid Aircraft Self Insured Retention Each Occurrence. As respects claims and suits seeking damages for bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned by or rented or loaned to any insured. Use includes operation and loading and unloading. For the purpose of this endorsement only Section Illl. DEFENSE AND SUPPLEMENTARY PAYMENTS Paragraph A. is deleted in its entirety and replaced by the following We will have no duty to defend any suit against the insured. We will however have the right but not the duty to participate in the defense of any suit and the investigation of any claim to which this policy may apply. If we exercise this right we will do so at our own expense. For the purpose of this endorsement only Section Illl. DEFENSE AND SUPPLEMENTARY PAYMENTS Paragraph D. is deleted in its entirety.. Section IV. LIMITS OF INSURANCE is amended to include the following additional provision The Industrial Aid Aircraft Self Insured Retention applies whether or not there is any available Scheduled underlying insurance or other insurance. The Industrial Aid Aircraft Self Insured Retention will not be reduced by defense expenses. For the purpose of this endorsement only and solely with respect to any and all references to aircraft Section V. EXCLUSIONS Paragraph A. is deleted in its entirety and replaced by the following A. Aircraft This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading and unloading. XS26429b 0211 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 2 | 2 |
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 that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading and unloading. It is understood that any and all references to watercraft in Section V. EXCLUSIONS Paragraph A. remains unchanged unless amended by separate endorsement. VI. For the purpose of this endorsement only Section VII.. DEFINITIONS is amended to include the following addition definitions Defense expenses means any payment allocated to a specific loss claim or suit for its investigation settlement or defense including but not limited to attorney s fees and all other investigation loss adjustment and litigation expenses premiums on bonds to release attachments premiums on appeal bonds required by law to appea any claim or suit costs taxed against the insured in any claim or suit pre judgment interest awarded against the insured and interest that accrues after entry of judgment SR Industrial aid aircraft means aircraft with a maximum passenger capacity of twenty 20 persons including crew used predominantly for business travel of employees and their non fee paying passenger guests. All other terms and conditions of this policy remain unchanged. Authorized Representative Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 XS26429b 0211 | 2 |
KNOWN LOSS EXCLUSION Named Insured Endorsement Number Windstream Communications 8 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury if prior to the policy period any insured listed under Section Il. WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injun property damage or personal and advertising injury had occurred in whole or in part. If such an insured or employee authorized to give or receive notice 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. This exclusion shall apply whether or not the insured s legal obligation to pay for such known bodily injury property damage or personal and advertising injury was established before the effective date of this policy. Al other terms and conditions of this policy remain unchanged. Authorized Representative Insurance Services Office Inc. 2010 Page 1 of 1 X8 20789a 0111 | 2 |
LEAD EXCLUSION Named Insured Endorsement Number Windstream Communications 9 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any injury damage expense cost loss liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead containing products materials or substances. This exclusion applies to all forms of lead including but not limited to solid liquid vapor and fumes. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20854 0806 | 2 |
NON CONCURRENCY ENDORSEMENT Recognizes Non Concurrency Named insured Endorsement Number Windstream Communications 10 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Whereas the policy ies listed in the schedule of underlying insurance are non concurrent with the policy period hereunder In the event of reduction or exhaustion of the aggregate limits of the policy ies by reason of occurrences prior to the inception of this policy it is agreed that such insurance as is afforded by this policy shall 1 inthe event of reduction apply in excess of the reduced underlying limit or 2 inthe event of exhaustion continue in force as underlying insurance. Anything in this endorsement to the contrary notwithstanding this policy applies only to occurrences happening during the policy period. Policy period means the period stated in the Declarations of this policy. All other terms and conditions remain unchanged. Authorized Agent XS20755 0806 Page 1 of 1 | 2 |
PROFESSIONAL SERVICES LIABILITY EXCLUSION ABSOLUTE Named Insured Endorsement Number Windstream Communications Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of the providing of or failing to provide any services of a professional nature. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20819 0806 | 2 |
PUNITIVE DAMAGES MOST FAVORABLE JURISDICTION LIMITATION ENDORSEMENT Named Insured Endorsement Number Windstream Communications 12 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following CONDITION is added to the policy Punitive Damages 1. Punitive damages because of bodily injury property damage or personal and advertising injury will be considered damages to which this insurance applies but only if a. The punitive damages are awarded by a court of law in a judgment against the insured and b. The same judgment also awards compensatory damages against the insured that 1 arise out of the same occurrence and 2 are otherwise covered by this insurance and c. Such award of punitive damages is permitted to be covered by insurance under the law of a U.S. jurisdiction that has a substantial relationship to the insured us or this policy. If all three of conditions a. b. and c. above are satisfied we will follow the law of such jurisdiction that is most favorable to the insured in determining whether such punitive damages are insurable and if they are insurable under the law of such jurisdiction we will pay on behalf of the insured those sums in excess of the retained limit that insured is liable to pay as a result of the award subject to the limitations in sections 2 through 5 below the limits of insurance and all other terms and conditions of the policy. No choice of law issue which may arise out of a claim or suit other than the insurability of punitive damages shall be affected by this endorsement. Punitive damages will not be considered damages to which this insurance applies and we will have no obligation with respect to such damages if a. The insured seeking coverage for an award of punitive damages brings a suit against us seeking a declaration of coverage under the policy in a jurisdiction that does not recognize or permit the insurability of the punitive damages award or b. The court that enters the judgment awarding punitive damages against the insured also orders that the insured may not seek insurance coverage for punitive damages. 2012 XS27989a 0112 Page 1 of 2 | 2 |
This endorsement is subject to all exclusions in the policy including but not limited to Exclusion K. Expected or Intended Injury. Any award of punitive damages and compensatory damages arising out of the same judgment will be added together and the sum shall be used to determine whether or not the retained limit has been exhausted. The following DEFINITIONS are added to the policy Punitive damages which may also be called exemplary damages means damages awarded by a court above and beyond the requirements for compensating a plaintiff for bodily injury property damage or personal and advertising injury and intended to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. Punitive damages does not include civil or criminal fines or penalties imposed by any government authority. Substantial relationship means a relationship with one or more of the following indicia the insured s state of incorporation or principal place of business the place where the claim is made or the court action seeking damages is brought or where the bodily injury property damage or personal and advertising injury occurred the insurance company s state of domicile incorporation or principal place of business or the state where the policy was issued. All other terms and conditions of the policy remain unchanged. Authorized Representative 2012 Page 2 of 2 XS27989a 0112 | 2 |
SILICA OR SILICA RELATED DUST EXCLUSION Named Insured Endorsement Number Windstream Communications 13 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION V. EXCLUSIONS is amended to include the following additional exclusion. This insurance does not apply to 1. 2. 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. 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. 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. SECTION VII. DEFINITIONS is amended to include the following additional definitions Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. Al other terms and conditions of this policy remain unchanged. Authorized Agent XS26431 0209 Page 1 of 1 | 2 |
EXCLUSION OF CERTIFIED ACTS OF TERRORISM Named Insured Endorsement Number Windstream Communications 14 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following Exclusion is added to the policy This insurance does not apply to Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. For the purposes of this exclusion the following definitions are added 1. Any injury or property damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or damage to the environment as may be defined in any applicable coverage part or underlying insurance. 2. 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 contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5000000 in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Al other terms and conditions of this policy remain unchanged. Authorized Representative XS23670 012008 Includes copyrighted material of Insurance Services office Inc. with its permission Page 10f 1 | 2 |
ARKANSAS CHANGES CANCELLATION NONRENEWAL AND STATE REQUIRED CONDITIONS Named Insured Endorsement Number Windstream Communications 15 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS LIABILITY POLICY EXCESS LIABILITY CATASTROPHE POLICY A. The Cancellation Condition is replaced by the following 1. 2. 6. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. a. If this policy is cancelled we will send the first Named Insured any premium refund due. b. We will refund the pro rata unearned premium if the policy is 1 Cancelled by us or at our request 2 Cancelled but rewritten with us or in our company group 3 Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance or 4 Cancelled after the first year of a prepaid policy that was written for a term of more than one year. c. If the policy is cancelled at the request of the first Named Insured other than a cancellation described in b.2 3 or 4 above we will refund 90 of the pro rata unearned premium. However the refund will be less than 90 of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. d. The cancellation will be effective even if we have not made or offered a refund. e. If the first Named Insured cancels the policy we will retain no less than 100 of the premium subject to the following 1 We will retain no less than 250 of the premium for the Boiler And Machinery Coverage Part. 2 We will retain the premium developed for any annual policy period for the General Liability Classifications if any shown in the Declarations. 3 If the Commercial Auto Coverage Part covers only snowmobiles or golfmobiles we will retain 100 or the premium shown in the Declarations whichever is greater. 4 If the Commercial Auto Coverage Part covers an auto with a mounted amusement device we will retain the premium shown in the Declarations for the amusement device and not less than 100 for the auto to which it is attached. If notice is mailed proof of mailing will be sufficient proof of notice. XS15921 0704 Reprinted with permission of Insurance Services Office Page 1 of 2 Page 1 of 2 | 2 |
7. Cancellation Of Policies In Effect More Than 60 Days a. If this policy has been in effect more than 60 days or is a renewal policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy continuing the policy or in presenting a claim under the policy 3 The occurrence of a material change in the risk which substantially increases any hazard insured against after policy issuance 4 Violation of any local fire health safety building or construction regulation or ordinance with respect to any insured property or its occupancy which substantially increases any hazard insured against under the policy 5 Nonpayment of membership dues in those cases where our by laws agreements or other legal instruments require payment as a condition of the issuance and maintenance of the policy or 6 A material violation of a material provision of the policy. b. Subject to Paragraph 7.c. if we cancel for 1 Nonpayment of premium we will mail or deliver written notice of cancellation stating the reason for cancellation to the first Named Insured and any lienholder or loss payee named in the policy at least 10 days before the effective date of cancellation. 2 Any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lienholder or loss payee named in the policy at least 20 days before the effective date of cancellation. 3 If we cancel for nonpayment of premium we will mail or deliver written notice of cancellation stating the reason for cancellation to the first Named Insured and any lienholder or loss payee named in the policy and any lessee of whom we have received notification prior to the loss at least 10 days before the effective date of cancellation 4 If we cancel for any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lienholder or loss payee named in the policy and any lessee of whom we have received notification prior to the loss at least 20 days before the effective date of cancellation. B. The following Condition is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail to the first Named Insured shown in the Declarations written notice of nonrenewal at least 60 days before a. lts expiration date or b. Its anniversary date if it is a policy written for a term of more than one year and with no fixed expiration date. However we are not required to send this notice if nonrenewal is due to your failure to pay any premium required for renewal. We will mail our notice to the first Named Insured s mailing address last known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Authorized Agent XS15921 0704 Reprinted with permission of Insurance Services Office Page 2 of 2 | 2 |
AMENDMENT OF DEFINITION J. INSURED CONTRACT Named Insured Endorsement Number Windstream Communications 16 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27052800 07172013 07172014 07172013 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Section VII. DEFINITIONS is amended as follows Definition J. is deleted and replaced by the following Insured contract means that part of any contract or agreement pertaining to your business under which any insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract does not include that part of any contract or agreement 1. that indemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2. under wich the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those shown in the subparagraph 2 above and supervisory inspection architectural or engineering activities. Al other terms and conditions of this policy remain unchanged. Authorized Representative 2011 MS13344 0712 Page 1 of 1 | 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. USL00146621 Producer I TMIED Jafra Cosmetics International Inc. Lockton Companies LLC INSURED 444 W 47th St 900 AND 2451 Townsgate Road Kansas City MO 64112 1906 MAILING ADDRESS Westlake Village CA 91361 Item 2. Policy Period From January 012021 To January 01 2022 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 9000000 Each Occurrence B. 9000000 General Aggregate in accordance with Section Ill Limits of Insurance. C. Combined with the General Aggregate prodycts Completed Operations Aggregate in accordance with Section Ill Limits of Insurance. D. 10000 self Insured Retention Item 4. Premium Computation Estimated Rate Advance Minimum Exposure Per Premium Premium Not Applicable Flat 47611 47611 Certified Terrorism Flat 952 Total Term Premium 48563 Rate Per Flat Flat Advance Premium 47611 952 48563 Minimum Premium 47611 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 Sty 7 el Authorized Representative Date AGR CU 1001 01 04 INSURED | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED Jafra Cosmetics International Inc. POLICY NUMBER USL00146621 EFFECTIVE DATE 112021 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 Claims Reporting Information Policyholder Notice OFAC California Privacy and Security Statement Fraud Statement Commercial Umbrella Liability Policy Schedule of Underlying Insurance Exclusion Mining Operations Exclusion Professional Liability Exclusion Aircraft or Watercraft Liability Exclusion Electromagnetic Radiation Exclusion Railroad Liability Exclusion Tobacco and Tobacco Products Exclusion Fungi or Bacteria Exclusion Offshore Facilities Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses From Certified Acts of Terrorism Employee Benefits Liability Following Form Endorsement C M Version Named Peril Pollution Endorsement Limits of Liability Amendatory Endorsement Access or Disclosure of Confidential or Personal Information and Data Related Excl Limited Bl Crisis Management Response Cost and Crisis Management Loss Cost Coverage Extension Endt. Schedule of Approved Crisis Management Firms Amendatory Endorsement Claims Series Provisions Communicable Disease Exclusion Endorsement Named Insured Endorsement Silica or Silica Related Dust Exclusion Exclusion Discrimination FORM NUMBER AGR IL 8001 12 19 AGR IL 8003 01 05 PVCYV5C 01 20 CA 1418740318 AGR CU 2001 07 11 AGR CU 1501 02 13 AGR CU 5008 01 04 AGR CU 5010 01 04 AGR CU 5015 01 04 AGR CU 5019 01 04 AGR CU 5025 06 04 AGR CU 5026 01 04 AGR CU 5031 01 04 AGR CU 5041 07 11 AGR CU 5043 01 15 AGR CU 4001 07 11 AGR CU 4502 07 11 AGR CU 5504 01 04 179086 05 14 AGRL CU 2002 01 13 AGRL CU 1601 07 17r AGRL CU 5020 m 09 14 AGR IL M001 11 03 AGR IL M001 11 03 AGR IL M001 11 03 AGR IL M002 11 03 EDITION DATE 122019 012005 012020 032018 072011 022013 012004 012004 012004 012004 062004 012004 012004 072011 012015 072011 072011 012004 052014 012013 072017 092014 112003 112003 112003 112003 AGR DS 1002 11 03 | 2 |
Allianz POLICYHOLDER NOTICE ALL STATES Allianz Global Corporate Specialty Allianz Global Risks US Insurance Company or Interstate Fire Casualty 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 Interstate Fire Casualty Company s toll free number at Phone 1800 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. 558 1606 Fax AGR IL 8001 12 19 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 Allianz Global Risks US Insurance Company Privacy and Security Statement Protecting you from loss is important to Allianz Global Risks US. Just as important to us is protecting your personal information. Our pledge to protect your privacy is reflected in our Privacy and Security Statement which outlines our principles for collecting using and protecting your personal information. Our Privacy and Security Statement applies to all of the companies within the Allianz Global Risks US family of companies. In most cases these companies use the same processing systems and employees to maintain your insurance coverage. The law allows us to share personal information among our insurance companies. The law does not allow customers to prevent these disclosures. A list of our companies can be found at the end of this notice. Allianz Global Risks US does not sell your personal information to anyone. We do not share your personal information with anyone for their own marketing purposes. For this reason your consent or an opt in is not required. We also do not share your personal information with any of our affiliated companies outside of the Allianz Global Risks US family of insurance companies for their own marketing purposes. Personal Information about You Allianz Global Risks US collects We collect personal information about you that is necessary to process the insurance transactions you request. We limit the amount of personal information collected to what we feel is needed to maintain your account. We may collect your personal information from the following sources From you either directly or through your broker. This may include information on your insurance application or other forms you may complete. From others through the process of handling a claim. This may include information from medical or accident reports. From your relationship with us. Such as the number of years you have been a customer or the types of insurance products you purchased. From a consumer reporting agency. Such as a credit or motor vehicle report. The information in these reports may be kept by the consumer reporting agency and shared with others. If you visit one of our websites we may use cookies small text files sent from our site to your hard drive. These cookies help us to recognize repeat visitors and allow easy access to and use of the site. We do not use cookies to gather personal information. The cookies only enable you to use our website more easily. Personal Information about You Allianz Global Risks US Shares We do not share personal information about current or former customers to anyone except as allowed by law. Allowed by law means that we may share your personal information such as your name address and policy information as follows To consumer reporting agencies to obtain a credit report or motor vehicle report. These reports are used to determine eligibility for coverage or to process your requested transactions. To your insurance broker so that they can perform services for you. To medical professionals in order to process your claim. To astate Department of Insurance in order to examine our records or business practices. To state or federal law enforcement agency as required by law or to report suspected fraud activities. To research groups to conduct studies on claims results. No individual is identified in any study or report. PVCYV5C 0120 CA Page 10f3 | 2 |
We advise the vendors with whom we legally share your personal information of our privacy policy. We make every effort to use vendors whose privacy policy reflects our own. Allianz Global Risks US s Policies and Practices Regarding Security of Personal Information Allianz Global Risks US uses a variety of computer hardware and software tools to maintain physical electronic and procedural safeguards that comply with applicable federal and state regulations to guard your personal information. We restrict access to personal information about you to those employees who need the information to service your policy. Allianz Global Risks US works hard to ensure that our websites are secure. We use state of the art technology to protect the personal information that may be shared over these sites. Your Rights Regarding Your Personal Information You have a number of rights with respect to your personal information. You have the right to make a request To access your personal information. Once we verify your request we will deliver a copy of your personal information to you by mail or electronically. If provided electronically it will be in a readily useable format to the extent that possible to do so. The information will be provided to you free of charge. For us to delete your personal information. We will review your request and delete your personal information unless it is necessary for us to maintain it e.g. in order to complete a transaction or to comply with a legal or regulatory requirement. If we are unable to delete it we will let you know why. For us to provide the types and specific pieces of personal information we collect about you the types of sources from which the personal information is collected and the business purpose for collecting the personal information. If you wish to make any of the above requests regarding your personal information please contact us by email at privacyrequestsagcs.allianz.com or using the toll free number 800 807 8810. Be prepared to provide your full name address and policy or claim numbers. We may require additional information to verify your identity in order to protect you and your personal data. We will respond to your request within 30 working days. Please be aware that you will not be given access to your information collected or in connection with a claim or a civil or criminal proceeding. If medical information is contained in your file we may request that you name a medical professional to whom we will send the information. If you believe any of your information is incorrect you can notify us in writing. We will let you know if our review has resulted in a correction of your information. If we do not make a correction you may file a statement disputing the information. We will attach the statement to your file. We will send any corrections we make or your statement to anyone we shared your information with over the past two years. And to anyone who may receive your information from us in the future. No Discrimination We will not discriminate against you if you choose to exercise one of your rights. We will not Deny goods or services Charge different prices or rates for goods or services Provide a different level or quality of goods or services Suggest that you will receive a different price or rate or a different level or quality of goods or services Notification of Change Your trust is one of our most important assets. If we revise our privacy practices in the future we will notify you prior to introducing any changes. A summary of our Privacy Policy along with instructions for reviewing or making other requests regarding your personal information is displayed on our website httpswww.agcs.allianz.comglobal offices united states. PVCYV5C 0120 CA Page 20f 3 | 2 |
For More Information or if You have Questions Should you have further questions regarding our privacy policy you can contact us in a number of ways. You may email us at nacorpcomplianceagcs.allianz.com or you can write to us at Allianz Global Risks US Corporate Compliance Department 1465 North McDowell Blvd Petaluma CA 94954 6516 Allianz Global Risks US s Family of Companies The following lists the companies Allianz Global Risks US uses to issue insurance policies nationwide AGCS Marine Insurance Company Allianz Global Risks US Insurance Company Allianz Underwriters Insurance Company American Automobile Insurance Company Associated Indemnity Corporation Chicago Insurance Company Fireman s Fund Insurance Company Fireman s Fund Indemnity Corporation Interstate Fire Casualty Company National Surety Corporation The American Insurance Company PVCYV5C 0120 CA Page 3 of 3 | 2 |
Allianz FRAUD STATEMENT IMPORTANT INFORMATION PLEASE READ Anypersonwhoknowinglyandwithintenttodefraud anyinsurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning anyfactmaterialtheretocommitsafraudulentinsuranceact whichisa crime andsubjects such personto criminal and civil penalties In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be acrime and may subject the person to penalties. In New York the civil penaltyisnotto exceed five thousanddollars 5000 and thestated value of theclaimforeachsuchviolation. Notapplicablein AL AR AZ CO DC FL HI 1D KS LA ME MD MN NM NJ OH OK PR RI TN UT VA VT WAand WV ttodefraud anyinsurance company urance containing any materially false of misleading information concerning ulentinsuranceact whichisa crime civil penalties In Oregon the fraudulent insurance act which may penalties. In New York the civil lars5000 and thestated value of plicablein AL AR AZ CO DC FL HI R RI TN UT VA VT WAand WV APPLICABLE IN FLORIDA ANDOKLAHOMA Any person who knowingly and with intent toinjure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony In FL a person s guilty ofa felony ofthe third degree. APPLICABLE INHAWAII Foryour protection Hawaiilaw requires you to be informed that presentinga fraudulent claim for payment ofa loss or benefitis a crime punishable by fines or imprisonment orboth The absence of such a warning in any application or claim form shall not constitutea defense to a charge of insurance fraud under state law. APPLICABLE IN IDAHO Any person who knowingly and with intent to defraud or deceive any insurance company files a statement containing any false incomplete or misleading information is guilty of a felony. APPLICABLE IN KANSAS Any person who knowingly and with intentto defraud presents causes to be presented or prepareswith knowledge or belief that it will be presented to orbyaninsurer purported insurer broker orany agent thereof any written electronic electronic impulse facsimile magnetic oral or telephonic communication or statementas part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act. APPLICABLE IN MAINE TENNESSEE VIRGINIAAND WASHINGTON Itisa crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or a denial of insurance benefits. APPLICABLEINMINNESOTA A person who submits an application or files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. APPLICABLE IN AL AR AZ DC LA MD NM RI AND WV Any personwhoknowingly or willfully in MD presents a false or fraudulent claim for payment for aloss or benefit orwhoknowingly or willfully in MD presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. APPLICABLE IN COLORADO Itis unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shallbe reported to the Colorado Division of Insurance within the department of regulatory agencies. 141874 0318 1of2 2018 Allianz Global Risks US Insurance Company. Allrights reserved. | 2 |
APPLICABLE IN UTAH WORKERS COMPENSATION Anypersonwhoknowingly presents false or fraudulentunderwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report orbilling for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. APPLICABLE IN VERMONT Any personwhoknowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under statelaw. APPLICABLE INNEW JERSEY Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. APPLICABLEINOHIO Any person who with intentto defraud orknowingly that he s facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. APPLICABLE IN PUERTORICO Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 orafixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2years. 20of2 2018 Allianz Global Risks US Insurance Company. Allrights reserved. 141874 0318 | 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 |
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